Nonprofit Attorneys Near Me

Attorneys Real Estate Group

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“If you are looking for a nonprofit attorney, whether you already own a nonprofit or if you are looking to start one, you may be in a situation where you need to dot your “i’s” and cross your “t’s.” We have real estate attorneys who specifically have worked with nonprofit folks to get them the information they need or to help them stay within the confines of the law when it comes to running or starting a nonprofit.”

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Nonprofit Attorneys Near Me

So let’s go over the two most common scenarios we find our clients asking us, and those are in regards to starting a brand new nonprofit or if you simply need help with someone suing your nonprofit or some other situation that you’re not sure how to handle.

 

What Do We Mean by Nonprofits?

The word “nonprofit” implies different connotations to different people. I am a widely used term that has yet to be understood by the writer and the reader. Additionally, many people use the words “tax-exempt” and “nonprofit” in conjunction. Furthermore, for any business to be a nonprofit, it must work and help its clients. 

But, profit cannot be its primary goal. Though they make money, their main goal is only to pay fair wages to their employees. They also want to do the activities their organization outlines and cover the costs to do this.

They generally work solely for the benefit of the general public. There is no immediate connection with the nonprofit. On the other hand, for-profit organizations seek to earn an income from their investments and make money for their shareholders and business. 

If a company’s balance shows profits, it gives the money to its stakeholders. Or they can use other strategies to grow the business. The majority of companies that provide goods and services to the public make money.

 

Why We Need a Nonprofit Lawyer?

Nonprofit lawyers are experts in specific legal issues. Nonp of its must deal with them. Here are a few instances of situations in which it might be helpful to talk with a lawyer for nonprofit organizations:

 

For incorporation

If you plan to start a nonprofit, you must incorporate it. You do this by filing articles of incorporation with your state. Then, you get tax-exempt status through the IRS. A nonprofit lawyer can help ensure that your company is set up correctly.

 

Employment Problems:

If you have employees, you must follow federal and state employment laws. An attorney for nonprofits can help you navigate these laws and ensure that your company follows them.

 

Checking the Contract:

Nonprofits often contract with vendors, and other lawyers for nonprofits can review the contracts to protect their interests. They check that the contract terms are fair.

 

Fundraising:

Nonprofits must follow fundraising rules at the federal and state levels. Lawyers for them can help you understand the rules and make sure your fundraising follows them.

 

Board Governance

A board of directors controls nonprofit organizations. A lawyer for nonprofits can ensure that your board follows your organization’s bylaws. They also make sure that board members know their duties and roles.

You don’t need a nonprofit lawyer for every legal issue. But they can offer valuable advice and help in many cases. If you need clarification on whether you require a lawyer for nonprofit organizations, seeking advice from one to determine your organization’s legal needs is always a beneficial idea.

 

Starting A Brand New Nonprofit

When you are trying to start a new nonprofit, you may find that there are little nuances that are particular to nonprofits; it’s not exactly as easy as starting an LLC or S-Corp, for example, as there are different sorts of documents and other loopholes you have to jump through in order to play ball in nonprofit land. Here are some of the everyday things you should know when starting a nonprofit company.

 

Tax Exemption Status

One exception you may want to know about and that other non-specialized business attorneys may need to learn about themselves is whether or not your nonprofit can claim tax-exempt status and then how to go about doing that using the proper legal channels and filling out the correct documents. You want to make sure you do this tricky part right, as it can really cause a lot of pain for your nonprofit in the long run.

 

Political Organizations

Suppose you have a nonprofit that falls under the umbrella of politics. n that case, there are particular rules you must follow that can easily screw you up down the line if you don’t follow up the setup procedures correctly the first time around. These issues can be severely detrimental and attract lawsuits, which can be the downfall of a political campaign or impact electability.

 

Religious Nonprofits

Similar to politics, religious nonprofits have their very own can of worms to deal with, legally speaking, and there are certain pitfalls that you must avoid if you don’t want to end up in a bad situation down the line. For example, religious nonprofits have their own rules and tax exemptions. You really need a specialist who knows what they are doing with the formation of a religious nonprofit organization.

 

Already Have A Nonprofit

If you already own a nonprofit, there are a variety of situations you might find yourself in that would require a nonprofit attorney. Unfortunately, nonprofits can be the target of frivolous lawsuits, or they may face tax issues or any other situation that you could think of. Let’s discuss why you may need the services of a nonprofit attorney if you already own or run a nonprofit organization:

 

Copyrights & Trademarks

If you own a nonprofit, you may have run into issues of copyright infringement or mistakes made in this domain of the law. Whether someone has made a claim against you for copyright infringement or you are trying to avoid stepping on a legal landmine that would happen if you were to run afoul of copyright law, we can help you in both of these situations. We’ll do all the required work to make sure your nonprofit stays in good standing with the law.

 

Lobbying & Political Compliance

Another common issue when it comes to nonprofits is where the law comes into play with your lobbying efforts. You may want to know whether you are in a legal grey area or if what you are doing is entirely above board.

 

Contract Issues

With nonprofits, there are contracts everywhere you turn, and it’s your responsibility to become one of them! This is where our nonprofit attorneys come into the picture to make sure that you are towing the legal line. We’ll help you with any contractual issues or disputes certain parties may be having against you and work to remedy the situation, hopefully without any time in court.

 

What are the responsibilities of a Nonprofit Lawyer?

Operating as a nonprofit has its advantages. However, there is a lot of required documentation to show the benefits of being a nonprofit. Additionally, each state’s laws for nonprofits are different. You could face legal issues and tax administration in your region. You might also face the IRS if you create an organization without knowing your state’s laws. A lawyer for a nonprofit could help you avoid potential pitfalls. Here are a few ways an attorney from a nonprofit can assist you:

 

What are the responsibilities of a Nonprofit Lawyer?

 

Formation

If you are starting a nonprofit, you must follow both federal and state rules. You must fill out many forms and prepare documents before your group can start. The nonprofit you are forming needs help. It needs to understand tax exemption categories and filing. This also needs to establish a statement of purpose for the company and prepare a budget. It will also negotiate with the IRS.

A skilled nonprofit lawyer will make the process easier and allow the founder to focus on preparing the organization’s calendars as well as staffing and fundraising.

 

Reinstatement

Many U.S. states require periodic documents to be filed with the state. Saying in good stan ing requires this. You have dissolved your nonprofit. And you need to go through the reinstatement process. It requires extensive paperwork and payment of state-related fees. Also, if a nonprofit cannot file yearly with the IRS for three years, the organization’s 501(c)(3) status will be automatically canceled.

If the nonprofit’s tax-exempt status is canceled, it can reinstate it retroactively. A nonprofit lawyer presents problems for your company. They complete all required annual forms to avoid cancellation.

 

Reorganization

Creating a new nonprofit on your own may be tempting, but it’s more complex than it may sound. Additionally, tax-exempt organizations make use of partnerships, corporations, or limited liability. Corporations may result in unintentionally unforeseen outcomes and problems. 

Additionally, dissolutions, as well as mergers and acquisitions, may present unexpected complications. It is appropriate to engage an experienced attorney who is able to handle these situations to facilitate a seamless restructuring effectively.

 

Employment Matters

The most significant legal threat for nonprofits is the scope of the employment statute. It’s not about obeying the state’s employment laws or federal anti-discrimination laws. 

The law governing employment for nonprofits is a complex network of interrelated regulations heavily dependent on personal situations. A nonprofit lawyer knows a lot. They can help companies make the right choices about employment.

 

Tax Exemption

When you’ve earned tax-exempt status, a lawyer for nonprofits can help you keep it. Many nonprofits lose their tax exemption for acting deliberately or accidentally failing to follow the complex rules the IRS made for tax-exempt groups. A reasonable attorney from a law firm can help prevent these accidental violations. 

 

Document Review and Drafting

Nonprofits, no matter their size, face common legal concerns. These include contract drafting, review, and other official records. Additionally, even small nonprofits have to frequently deal with agreements with independent contractors, internet service providers, or even suppliers. These agreements are often written in hard-to-understand language. Many nonprofit managers ignore them without careful review.

In the same way, when a nonprofit is looking to write an agreement, the organization typically browses the web to find an example. However, these situations can put nonprofits at risk and result in the expenditure on corporate assets. 

A lawyer for nonprofits can review contracts given to the organization. They can find issues and reasons for negotiation. This can save the company money or shift some accountability to the other partner. Additionally, an attorney for a nonprofit can draft a legally binding agreement that meets the goals of the organization.

 

What is the budget for Hiring a nonprofit lawyer?

The cost of retaining the services of a lawyer for nonprofits can differ depending on the expertise of the lawyer as well as the cost of implementing your business’s legal requirements.

Here are some of the most common fee structures that lawyers who are not-for-profit could employ:

  1. Numerous nonprofit lawyers cost per hour. The hourly rate varies considerably based on the lawyer’s experience and location, but it can be between $150 and $500 or more per hour.
  2. Some nonprofit lawyers may charge flat fees for specific services, including the incorporation of a nonprofit organization or examining contracts. Flat fees could be a viable alternative if you’re aware of the services you require.
  3. There are occasions when lawyers from nonprofit organizations might be willing to operate on the basis of contingency, which means they only receive payment when they win your case or obtain damages for your business. This type of fee is more frequent in court cases.
  4. A retainer cost is an upfront cost you pay an attorney to ensure their services. The lawyer then bills against the retainer while they deal with the case. Rainer charges can vary from several thousand dollars to thousands of dollars.

Hiring a nonprofit lawyer is expensive. The cost could be a lot for nonprofit organizations, especially if you’re just starting. However, a good lawyer can help your company. They can navigate the complex legal issues that nonprofits face.

 

Bottom Line

We at Attorneys Real Estate Group hope you found this article helpful and found value in it. If you need a nonprofit attorney in the greater Sacramento area or the surrounding area. Please feel free to reach out to us and request a free phone consultation. A nonprofit attorney near you can make all the difference in getting you the help you need. We have offices in the Roseville area and are able to accommodate people who have questions about starting or running a nonprofit from anywhere in the California area by phone or video conference.

If you’d like a free consultation to discuss your needs, feel free to give us a call!

 

Hedy Ghavidel

HEDY GHAVIDEL Managing Partner  Roseville Office  1-866-471-6981  info@attorneysre.com Bio...

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