Why nonprofits could use more lawyers on their boards

As nonprofits face increasing funding threats and legal pressures – having an attorney as board members can serve as an instrumental layer of protection from unprecedented and expensive hurdles. However, for small nonprofits starting from the ground up, finding willing candidates can be tricky. 

In an effort to expedite this process, the New York Lawyers for Public Interest has partnered with BoardStrong to recruit volunteer attorneys to join various nonprofit boards. 

One of New York City’s most recognizable nonprofit legal brokers, the NYLPI has practiced in areas of disability justice, health justice and environmental justice through their “community lawyering” model for nearly 50 years. 

“The community lawyering approach is one that's really a through line through all of our work,” said Heidi Kim, deputy director of pro bono programs at NYLPI. “It is using that multi-pronged approach, which again includes impact litigation and direct legal services, but also includes community organizing, legislative advocacy and working with the media.”

In partnership with BoardStrong, a nonprofit consultant and recruitment organization and subsidiary of the Pro Bono Advisory Council, NYLPI has launched a series of board matching events connecting prospective pro bono lawyers with budding nonprofit organizations. 

Fast feet, an organization dedicated to providing running education, was a participant in last year’s board matching event, which led the nonprofit to recruit additional attorneys to its board. Founded in 2019, Fast Feet provides inclusive running and health equity programs for children and young adults with developmental and physical disabilities. Through word of mouth, Suzie Clinchy, founder and executive director of Fast Feet, initially sought legal advice from experts at NYLPI, such as help with bylaws and participant waivers. 

“So the [NYLPI] connected us with a great lawyer who helped review those documents, and again, that's a free service. Otherwise it'd be something we'd be paying out of our budget. To have someone review updates for us and to be able to have this as a free resource just allows us to reallocate that money to invest in our programming and our athletes,” said Clinchy.  

For many nonprofits with modest operating budgets, pro bono resources can be especially essential in helping reduce costs. In order to help nonprofits invest more time and resources towards their mission, having a lawyer on the board can offer nonprofits a layer of insight to fortify them from regulatory pressures and sound future alarm bells. Amidst the current influx of events impacting nonprofits, this added layer of protection can be especially helpful to growing organizations. 

“I did a lot of research on my own. I didn't have the funds to hire a lawyer,” said Clinchy. “I think it's definitely a barrier. It can definitely be intimidating. I think for those of us who don't have that startup capital and are very grassroots – it's either asking for pro bono help or the self-education process.” 

At last year’s BoardStrong event, Clinchy met Dora Georgescu, a counsel in Vinson & Elkins’ Complex Commercial Litigation group who has been serving as a member of Fast Feet’s board since last year. In her first meeting with Clinchy, Georgescu was drawn to the organization’s mission. “Personally, running has had such a positive impact on my life, and so it really resonated with me,” said Georgescu. 

At the event, prospective board members were primed on the demands and responsibilities expected of them – which helped attendees like Georgescu dispel hesitations over her new role. As a lawyer on Fast Feet’s board, Georgescu can’t offer direct counsel that overrides the organization’s attorney, however she brings legal insight that can help guide the nonprofit through operational hurdles and offer expertise in areas such as brand messaging and fundraising. 

“It's been important to join a board that aligns with my interests, and does work that I feel passionately about,” said Georgescu. “I think that's kind of a key part of being a board member, because it is a commitment, and so you want to make sure that you're fully engaged on a personal level, and want to do that work. It's exciting to join an organization when it's in this growth phase.” 

By empowering communities through robust engagement models, NYLPI has equipped communities through impact litigation and direct service work powered by partners in corporate legal departments and pro bono lawyers. With their fleet of volunteer attorneys, the organization has helped strengthen grassroots organizations through webinars, legal guides and continues to connect nonprofits with legal resources matching their institutional needs. 

“We really see ourselves as relationship builders and bridge builders,” said Kim. “In doing this work, I've met so many organizations, especially small nonprofits, who are building the plane as it's in the air, so to speak. And so we really want to make sure that the plane is strong and steady and we'll get them to where they're trying to go.”