Pitfalls of Using “Free” Board Member Attorneys

Tuesday, December 17, 2019 - 11:00am to 12:30pm
Organization Name: 
Nonprofit WebAdvisor

A common recruitment strategy for nonprofit organizations is to have one each of several professions, including an attorney, on the board. These professionals often care deeply about the organization and its mission. However, due to the myriad risks with such dual-role board members, attorneys should be either a board member of the nonprofit organization or an attorney to the nonprofit organization, not both. Being both carries significant risk, which can only partially be mitigated.

In these dual-role situations, attorneys will often not be covered by either the nonprofit organization’s director and officer (D&O) insurance or attorney malpractice (E&O) insurance because both insurance companies say the other one should pay (in the event of a claim). An attorney who is genuinely trying to help but who is unfamiliar with the applicable area(s) of law may sometimes provide either too restrictive or completely incorrect advice due to this lack of knowledge in the given area of law. If as a result of that advice things go south, the organization has no recourse to the D&O coverage or to the E&O coverage insurance.

Please join attorney Zachary Kester as he outlines the risks associated with the use of board member attorneys and provides strategies to mitigate such risk when presented with legal issues.


Just a sampling of what this webinar will cover:

  • Know when the attorney-director is being an attorney
  • Know when the attorney-director is being a board member
  • Minimize the risk to both the organization and the attorney where there are both attorney-client and attorney-director roles
  • Help ensure the organization gets sound legal advocacy
  • Evaluate potential gaps in coverage in the space between your D&O coverage and your attorney-director’s E&O coverage
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