Charity Corps is a new
joint initiative of the New York State Bar Association and the New York
State Attorney General’s Office that matches volunteer attorneys
with nonprofit organizations that cannot afford legal counsel. The
program will strengthen governance and compliance with nonprofit laws,
and ensure that in difficult economic times, organizations fulfill their
responsibilities and continue to provide critical services.
Nonprofits that would like to participate in the the Charity Corps
pilot program must submit applications (PDF) prior to December 31,
2011.
New York State is home to approximately 80,000 charities that enrich
communities and provide crucial services to residents across the state,
from health care to education to the arts and beyond. Our robust
charitable sector also helps fuel the economy, generating over $150
billion in revenue annually and employing hundreds of thousands of New
Yorkers. These charities, and the worthy causes and people they serve,
deserve our help.
Good governance and compliance with the legal requirements of state
nonprofit laws help ensure that charitable assets are being efficiently
used and that the public’s trust is preserved. Unfortunately, many
organizations do not receive basic legal advice on board governance,
corporate law and fiduciary duties, compliance with the tax exemption,
filing requirements and fundraising laws, as well as good practices
regarding executive compensation and the organization’s ongoing
self-evaluation of the fulfillment of its mission. Most New York
charities are comparatively small in size and cannot afford to hire
lawyers to provide this counseling. They may not realize the
extent and nature of the legal requirements or the availability of
existing legal resources.
While a number of legal services organizations currently serve
under-resourced nonprofits, there remain gaps in coverage throughout the
state. To meet this need, the New York State Attorney
General’s Office and the New York State Bar Association have
joined forces to establish “Charity Corps” - an exciting
initiative to refer charities throughout the state to volunteer legal
counsel, and to train additional volunteer counsel to assist nonprofits
in improving their governance and compliance with applicable nonprofit
laws. Charity Corps also aggregates training resources and other
information, encouraging and enabling more attorneys and law firms to
serve, while making sure that nonprofit trustees and executives are
aware of legal requirements applicable to the organizations they
serve.
Charity Corps’s Leadership
Committee consists of experienced nonprofit
attorneys and pro bono providers across the state who have helped
develop the program and will oversee its initial pilot year. The
Committee draws on members' considerable expertise and networks of pro
bono activity already in place at NYSBA, including the President’s
Committee on Access to Justice, Pro Bono Coordinators Network, and
others. Charity Corps will collect and publish listings of legal and
board training activities sponsored by these and other organizations
statewide, and will sponsor continuing legal education programs and
“People’s Law School” activities where such trainings
do not already exist.
Charity Corps will launch as a pilot program to match 50 nonprofits
with the legal counsel they otherwise could not afford. It will then
expand to serve substantially more nonprofits throughout the state.
The Charity Corps Leadership Committee has developed eligibility
criteria for nonprofits to participate in the program. Among the
criteria, organizations must be 501(c)(3) tax-exempt organizations and
demonstrate that they cannot afford counsel.
Charity Corps is intended to shore up good governance practices -
conducting effective board meetings, fulfilling fiduciary duties,
complying with state and federal filing requirements, maintaining the
organization's federal tax exemption, adhering to fundraising laws,
overseeing executive compensation, and monitoring mission performance.
Charity Corps does not make referrals for litigation.
To participate in the program, nonprofits must complete an
application, which solicits basic information about the organization and
a brief description of the type of services requested. Although
the Attorney General's Office developed and helped launch Charity Corps,
it will not screen applicants, match participating attorneys with
clients, or oversee these relationships. Client information will not be
shared with the Attorney General's Office. Responsibility for
administering the program will lie solely with the NYSBA and members of
the Charity Corps Leadership Committee who are not from the Attorney
General's Office.
Attorneys interested in volunteering must complete the form available for download
here (PDF).
Toward the end of the pilot year, the Charity Corps Leadership
Committee will evaluate the overall success of the program and refine
and enhance its methods. The Committee anticipates that, over the coming
years, thousands of nonprofits lacking in regular guidance on nonprofit
governance and compliance issues will be paired with attorneys drawn
from the existing provider network and new volunteers from law firms who
have been trained in nonprofit law and governance. As a result,
nonprofit organizations will be better equipped to comply with
applicable law and spot issues before they become mission-critical
problems. Volunteer attorneys will also benefit from participating, both
for the professional satisfaction that service provides as well as gains
in experience and education.
Nonprofits seeking to apply for legal counsel should submit an application (PDF) by December 31,
2011.
Attorneys wishing to volunteer with Charity Corps should submit an Attorney Volunteer form (PDF) to the
Leadership Committee.
To contact Charity Corps, please send an e-mail to charitycorps@nysba.org.
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