Legal Careers in Nonprofits: An Overview
With more than 1.6 million nonprofit organizations in the United States and growing numbers each year, many are starting to recognize the need for individuals with a legal background to add to their mission-driven team. Both large and small nonprofits benefit from a diversity of skill-sets, and jobs in law often fall on non-lawyers, board members or volunteers to fill their needs . As the world of nonprofits becomes more complex, the organization will need to have practices in place for risk management, regulatory compliance and corporate governance. For this reason, the need for legal savvy workers is becoming even more important. Lawyers now often serve as advisors on a number of different topics, including operations, employment matters, tax exemption and information technology. The role of outside general counsel or in-house counsel also helps ensure that the organization stays above board.
Responsibilities of Legal Professionals in Not-For-Profit Organizations
Nonprofit legal professionals in the public sector perform a diverse range of duties that are integral to the functioning of organizations that rely on legal compliance, advocacy and contract management. The following is an overview of key responsibilities for nonprofit legal professionals:
Compliance
Ensuring legal compliance is one of the most important tasks of nonprofit legal professionals. This involves staying up-to-date with relevant state and federal laws and regulations that may impact the organization, and designating oversight of compliance to a specific in-house official. Oversight of compliance obligations is often under the umbrella of a board or dedicated compliance officer, but individuals tasked with this duty must have a strong understanding of the organization’s operations and mission to ensure that the organization is being compliant on all fronts.
Advocacy
Advocacy is an essential responsibility of nonprofit legal professionals, by which they might engage in lobbying and other activities designed to promote the organization’s agenda and persuade legislators to adopt certain measures. Because public policy advocacy requires specialized knowledge, many nonprofit legal professionals also work as lobbyists, and help to draft, introduce, and support legislation at the state and national levels.
Contract Management
Nonprofit organizations, like their for-profit counterparts, make extensive use of contracts in order to formalize the terms of agreements with vendors, employees, service users and other associates. Many times, nonprofit attorneys will assess contracts for their validity and enforceability, and may provide counsel on whether any legal action should be taken in response to contractual disputes.
Essential Qualifications and Skills
To qualify for an in-house position at a nonprofit organization, you must have the educational and experiential prerequisites that they expect in their legal candidates. In general terms, this includes a law degree from a reputable ABA accredited school, a current bar admission (or a plan to take the next bar exam), and significant experience in nonprofit law and related areas such as tax-exempt organization law, tax law, employment and labor law, risk management, and numerous others. Specific job openings and positions will have distinct requirements, but experience is considered the gold standard for most jobs. Some other critical aspects of legal work in nonprofits include: Those who have attorney roles for nonprofit groups need even more experience and formal credentials. This includes admission to the appropriate state bar, experience with nonprofit organizations in the past (preferably with a stint in private practice that demonstrates strong general knowledge of the field), and the ability to take on a highly focused array of responsibilities. This includes experience with and knowledge of internal policies, government regulations, client and donor relations, and the supervision of volunteers or in-house counsel. Those who hold higher-level positions such as general counsel should ideally have had prior experience in private practice in order to round out their exposure to the work of a nonprofit organization.
Major Rewards and Challenges of Not-For-Profit Legal Careers
Legal professionals working at nonprofit organizations face various challenges that differ from those in the for-profit sector. One common hurdle is the limited availability of resources, including staffing and funding. Nonprofits often operate with tight budgets and may not have the financial means to hire a large legal team. As a result, legal professionals may need to take on multiple roles beyond just legal counsel, including administrative tasks and in-house counseling.
Another challenge is the need to navigate the complex regulatory landscape that governs nonprofit organizations. These regulations can vary by state and jurisdiction, making it essential to stay updated about applicable laws and compliance requirements. This can be time-consuming and complicated, particularly for those who are just starting out in their careers.
Despite these challenges, many legal professionals in nonprofit organizations find their work incredibly rewarding. They have the opportunity to make a meaningful impact and contribute to important causes. Nonprofits often have missions that focus on improving communities, providing services to underserved populations, or advocating for social change. For legal professionals, this can be a powerful motivator to do their best work.
Additionally, working at a nonprofit can provide legal professionals with the opportunity to develop a broad range of skills. Nonprofits often require their staff to wear many hats, which can foster versatility and adaptability. Legal professionals in nonprofits may have the chance to work on various legal issues, ranging from corporate governance to employment law, providing them with a more diverse legal experience compared to other sectors.
In conclusion, while legal professionals at nonprofit organizations face unique challenges, their work can be immensely rewarding personally and professionally. They have the chance to make a difference in the world and contribute to causes they are passionate about.
Advancement Opportunities in Not-For-Profit Legal Careers
As is true for most nonprofit professionals, legal career advancement opportunities differ in the nonprofit sector. Promotion from Staff Attorney or Associate Counsel to Senior Counsel or Counsel is understood to be both a recognition of accomplishment and as a conduit for more influence and responsibility within an organization. Given the fiscal constraints and funding obstacles routinely faced by nonprofits, the more senior you are, the more difficult it is to justify creating additional positions, so there may also be scarce upward opportunities at your own organization.
Supportive network groups that include nonprofit legal professionals from multiple entities can help to identify job openings, provide mentoring , and improve overall job satisfaction among legal professionals.
Like any other legal career path, networking and providing pro bono services or legal aid can be a pathway to more lucrative or higher-profile employment. In addition to networking with fellow legal professionals, some nonprofit legal professionals also join enforcement committees (e.g., The Federation of Insurance Counsel and the Association of Insurance Counsel), which provide opportunities to meet experienced litigators that are retained as private counsel for insurance companies in defense of first-party insurance coverage litigation in Mississippi and elsewhere. Both professional organizations and enforcement committees may provide valuable mentorship to nonprofit legal professionals.
Finding and Securing Careers in Not-For-Profit Law
Numerous platforms post legal job opportunities in the nonprofit sector, including job boards, listservs, and industry-specific recruitment agencies.
General Job Boards
Others feature nonprofit jobs exclusively. Two of the most popular are Idealist.Org, which features resources to connect individuals with opportunities at the world’s nonprofits, and WorkForGood.org, which provides a variety of postings specifically for nonprofit organizations.
Specialized Listservs
Another great resource for nonprofit legal positions are key listservs that focus on issues related to the EPSA section of the ABA. For example, the ABA Immediate Past Chair, John P. Hightower of Texas, expertly manages the listserve entitled "Government and Public Interest Students" ([email protected]). Hightower regularly posts various relevant career opportunities on the listserv. Additionally, there is the Tax Litigation Committee Career Center, which lists both attorney and staff attorney positions. For internships or externships, the best place for law students and new lawyers to look is via the ABA sectional listserv;temporary staff and attorneys are often listed on the ABA Taxation Section listserv([email protected]).
Recruitment Agencies
There are several national and local agencies focused exclusively on recruiting staff for nonprofit and public interest organizations. Online nonprofit job boards include:
Some firms have an exclusive focus on tax-exempt organizations, including:
Highly competitive legal job opportunities in the nonprofit sector appear daily. To gain an edge over the competition, however, networking is key.
Networking is also key when it comes to applications. Rather than going through executive search firms, nonprofit organizations prefer applicants to apply directly via their organization’s website. Regardless of how you apply, however, networking with current staff to get a more well-rounded view of the organization increases your chances of landing an offer.
Like any serious jobseekers, you should also be aware of the importance of resumes. Your resume, for example, should be organized, formatted for easy reading, and should not feature any errors. Pay particular attention to your cover letter, which should be specifically tailored to the position at hand. A generic cover letter sends the signal to employers that you have not thoroughly researched the organization in question.
Networking and Learning in Not-For-Profit Law
Nonprofit lawyers have important jobs to do for their clients. Pro bono work is particularly important in light of the need for increased access to justice for low-income people and underrepresented groups. However, this doesn’t mean that nonprofit attorneys can afford to ignore dining out completely. Far from it!
In fact, a well-planned public interest career often counts on networking and professional development opportunities. Reflecting a proactive approach to career sustainability, pro bono attorneys should make professional development an ongoing priority. As private practice attorneys already know well, cultivating relationships with other attorneys, judges and activists is crucial to a successful legal career. The same holds true in the nonprofit sector, but is even more important, since nonprofit lawyers don’t have the opportunity for organic networking and development progression when they are routinely co-located on case teams with their colleagues who work at large, private firms.
At the same time, public interest legal work doesn’t include the predictable track that private practice does. Nonprofit attorneys work for all kinds of organizations, from small grassroots public interest groups to larger national nonprofits. While the professional development paths at private law firms are usually heavily standardized, nonprofit bar associations don’t always offer the steady professional development or promotion opportunities that private legal work provides.
As a result, nonprofit bar associations need to be flexible and responsive. They must provide opportunities for continuing legal education (CLE), internship placement, job opportunities and social networking for many types of goals and skills. This is the best way for public interest bars to foster and celebrate the contributions of their members, while at the same time creating housing/nonprofit lawyer recruitment pipelines for the future.
Nonprofit attorneys also have an ethical duty to remain competent in their current field of practice, and pursue continuing legal education (CLE). The American Bar Association (ABA) Model Rule of Professional Conduct 1.1 states that "competence" includes "legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." In fact, many states determine specific CLE time or content requirements. Make sure to check your state to see what rules you must comply with.
As a verifying resource, the ABA publishes CLE materials tailored for legal professionals, along with additional professional development publications, such as the award-winning "Law Practice Today."
Emerging Trends for Legal Careers in Not-For-Profit Organizations
As we look to the future of nonprofit legal careers, we see a number of trends that are shaping the next generation of lawyers in this sector. From the evolving role of technology to the changing landscape of nonprofit regulation, these trends are both exciting and challenging for lawyers who wish to serve these organizations.
One significant trend is the increasing use of technology by nonprofit organizations. From case management systems to data analytics, nonprofits are finding new ways to leverage technology to further their missions. For lawyers, this means that there will be a greater expectation to embrace these tools and help clients navigate ever-changing technological landscapes. Lawyers will need to understand the ways in which technology can help nonprofits achieve their missions, as well as the legal implications of these technologies. This trend will create new opportunities for lawyers to be an integral part of their clients’ strategic planning processes.
In addition, the changing regulatory environment is creating new challenges for nonprofit lawyers . Nonprofits are subject to a variety of state and federal regulations, and changes to tax laws, nonprofit governance codes, and other regulations will continue to affect the ways in which nonprofits operate. Lawyers must stay abreast of these changes in order to fully counsel their clients on the legal implications of their strategies. Further, as nonprofits face increasing scrutiny from regulators, lawyers will play an increasingly important role in helping their clients navigate these challenges.
Similarly, the nonprofit sector is facing increased pressure to operate efficiently and transparently. Advocacy for social justice is not the only concern for nonprofits anymore. Instead, it is crucial for nonprofits to show their funders that they are using their resources wisely and furthering their missions. As philanthropists and grantmaking organizations place increasing focus on the ability of all nonprofit organizations to deliver measurable results, nonprofit lawyers will need to step up to the plate to help these organizations implement effective practices and policies to deliver these results.