All corporations need experienced counsel to serve their needs. Smaller organizations typically hire lawyers from time to time as necessary, while larger ones tend to be advised on a regular basis by in house or external counsel. The basic legal principles governing traditional organizations are familiar to most judges, lawyers and even non-legal professionals.
Religious organizations, on the other hand, are grounded in ecclesiastical doctrine and traditions, and therefore treated differently by the law. It is not unusual for even the most experienced jurists and sophisticated lawyers to be perplexed by the unique treatment of certain well-established corporate principles and policies in the context of religious organizations. See, e.g., Barry Black and John Madden, “Exceptions and Exclusions Benefit Religious Institutions and Clergy,” New York Law Journal (Sept. 13, 2017); Barry Black and Christopher Byrnes, “Religious Organizations Differ From Other Nonprofits—Here’s Why That Matters,” New York Law Journal (Aug. 30, 2023).
