KNOXVILLE BAR ASSOCIATION NON-PROFIT PROGRAM
Many attorneys have been contacted by a
non-profit organization needing assistance on simple legal
questions. Those questions range from whether child abuse
must be reported to whether Tennessee is an at will
employment state. Most of those questions can be answered
with a minimum amount of research and time on the part of an
attorney. However, many non-profits lack this access or
have the resources to pay for this service. The Knoxville
Bar Association has recognized this need and has adopted a
pilot program that is unique in Tennessee. This pilot
program will seek to give non-profits, with a budget of less
than $1 million, access to a service where attorneys donate
1 hour of time to answer the questions of non-profits. In
cooperation with Buckner Community Ministries, this service
will be advertised to qualifying non-profits and the
Knoxville Bar Association will operate this program.
Knoxville and
Knox County have over 1,900 non-profit organizations
operating at any given time. Those non-profits provide a
variety of services ranging from mentoring programs, job
training, homeless services with Volunteer Rescue
Ministries, building homes with Habitat for Humanity to
senior adult programs. These worthwhile services fill the
gap where government programs do not have the budget or
personnel to meet needs. The budgets of these non-profits
range from a few thousand dollars a year to millions of
dollars. The vast majority of these non-profits have
budgets of only a few thousand dollars a year. What these
non-profits all have in common is an occasional need for
legal advice. The Knoxville Bar Association is attempting
to meet that need through this pro bono program. Through a
limited one hour meeting with participating attorneys, the
program is designed to provide non-profits with a source of
legal expertise that they would typically not be able to
afford or access.
I. WHO WILL
PROVIDE THIS SERVICE
Using
the Knoxville Bar Association, law firms will be encouraged
to have attorneys sign up for this program for the Knoxville
Bar Association. To participate in this program, please
complete this form
and send it to Marsha Wilson at
mwilson@knoxbar.org.
II. ELGIBILITY
OF NON-PROFITS
Any
501(c)(3) non-profit with a budget of $1 million or less can
use this service. The client in any such referral must be
the non-profit organization and referrals cannot be used by
individuals whose interest might be opposed to the corporate
interest of the non-profit. (i.e. an employee facing
termination).
III. WHAT THE PRO BONO ATTORNEYS ARE OFFERING TO
THE NON-PROFIT ORGANIZATION
The
pro bono attorneys are offering 1 hour of free time to
consult and answer questions of the non-profit.
Consultations are limited to 1 hour and detailed or
complicated matters cannot be addressed through this
service. For example, it is not possible to have the
attorney complete the forms for incorporation and tax
exemption, but it is possible to have those forms reviewed
if this can be done in 1 hour. Attorneys have the ability
to assist non-profits on many issues including charitable
giving, wage and hour compliance, real estate sales and
transfers, taxes, employee benefits, contract
interpretation, and liability issues. If the attorney
providing the service determines that additional time will
be needed to respond to the question from the non-profit, a
determination can be made to decline the assignment or to
extend the one hour meeting.
The Knoxville
Bar Association will receive the questions from the
non-profit organizations and will maintain a bank of
attorneys participating in the program. Questions will be
reviewed and referred to the appropriate type of attorney
depending on the question. The form for participation lists
the areas (i.e., tax, transactional, corporate, litigation)
where the participating attorney has an interest or
expertise.
IV.
ISSUES THAT THE NON-PROFITS NEED ADDRESSSED
- Applying
for 501(c)(3) status
-
Corporation structure
- Employee
law (job descriptions, dismissals, liability)
- General
contract review (software purchase, grants)
- How to
trademark a program
- Liability
issues
- Policies
and procedures review
- Lawsuits
and initial response
- Help
agency draft a consent form (for transporting clients)
- Changing
by-laws
- Legality
of managing volunteers
-
Termination policies
- Changing
legal name of corporation
VI. MECHANISM FOR
REFERRALS
A. If
you are interested in this program, please complete the
volunteer attorney form
and return it to the Knoxville Bar Association.
B.
Non-profits are being advised of this program and of its
initiation. Questions from non-profits will go to the
Knoxville Bar Association for referral to participating
attorneys.
C. The
Knoxville Bar Association will maintain a database of
participating attorneys and will receive the questions.
Those questions will be reviewed by the KBA and referred to
participating counsel.
There is no
program like this in Tennessee. This pilot program is
sponsored by the Knoxville Bar Association and it is hoped
that it can be copied by other local bars or by the
Tennessee Bar Association for use on a statewide basis.
This is a unique opportunity for the Knoxville Bar
Association to be actively involved in a pro bono project
with immediate and tangible benefits for our community.
More importantly, it is an opportunity for our Association
to serve as a model for Tennessee.