Church Law – Details, episodes & analysis

Hammar, attorney, CPA, and co-founder of Church Law & Tax. Rich reflects on his more than 40-year career representing churches and informing them through his articles for Church Law & Tax and his many books, including Pastor, Church & Law, Fifth Edition, and the annual Church & Clergy Tax Guide. 

The two discuss the top five reasons churches and religious organizations go to court. They also explore the issues and challenges that have changed over the past four decades, and why churches face increasing legal liability. 

And Erika asks Rich about his career transition—and what church leaders can learn from his experience.

SHOW NOTES

• Episode 2: “The Top Legal Issues Confronting Churches”
• Episode 15: “Keeping Children Safe in Your Church” 
• Pastor, Church & Law, Fifth Edition, by Richard R. Hammar
• The annual Church & Clergy Tax Guide, by Richard R. Hammar
• The top five reasons churches and religious organizations go to court
• Erika Cole’s 2024 Church Compliance Conference
• “Breach of a Fiduciary Duty,” by Richard R. Hammar
• “More States Expand Victims’ Rights to Sue for Abuse,” by Richard R. Hammar
• “Generative AI Is All the Rage. Handle With Care.” by Matthew Branaugh
• Become a ChurchLawAndTax.com Advantage Member and enjoy full access to articles, a Legal Library, a copy of the annual Church & Clergy Tax Guide, and more.
• Download your FREE copy of The Church Attorney Legal Audit® System document checklist here, and check out Episode 29 (“Using a Legal Audit to Position Your Church for the Long Haul”) to learn about the importance of a legal audit for your church.
•  Join the waitlist for the 2025 Faithful Foundations Membership enrollment.
• Unlock exclusive insights and expert advice by subscribing to The Church Attorney® YouTube Channel! Get access to video podcasts, live recordings, and much more—designed to help you navigate the legal landscape of church management with confidence. Don’t miss out—subscribe today!

Questions? Comments? We welcome them! Please contact Erika Cole at erikacole.com. Erika reads each comment and may answer your question in an upcoming episode.

See all episodes of Church Law.

The Church Law podcast is part of Gloo LLC’s ChurchLawAndTax.com.

Erika E. Cole, Esq., known as The Church Attorney®, is the creator of The Church Attorney Legal Audit® System, a proprietary legal audit process that helps church leaders be confident they are operating with integrity, and avoiding costly risks. She serves as a senior editorial advisor for ChurchLawAndTax.com.

So, you’ve planted your church, and it has entered a growth phase. And with that growth has come added responsibility, stress, and pressure.  Therefore, it’s understandable that you might be considering bringing in someone to help. Should that someone be an executive pastor? David “Fletch” Fletcher, founder of XPastor.com and an advisor-at-large for Church Law & Tax, is known as the “Dean of Executive Pastors.” In this episode, he offers wisdom and insights gleaned from four decades leading churches of various sizes and makeups. Using Acts 6 as a guide, Fletch unpacks what it is for pastors to effectively delegate certain duties and roles, and thus free themselves to focus on their calling, as they lead growing, ever-changing churches. This is especially critical when a church enters the 500-1,000 member range, Fletch says, and begins to see declines in productivity among a growing staff, or even missional drift.  It’s why an executive pastor might be the wisest investment a church can make. SHOW NOTES Episode 27: “Building a Healthy Leadership Culture in Your Church” State of the Church – 2025: Measuring What Matters in Ministry, by Gloo and Barna Become a ChurchLawAndTax.com Advantage Member and enjoy full access to articles, a Legal Library, a copy of the annual Church & Clergy Tax Guide, and more. Download your FREE copy of The Church Attorney Legal Audit® System document checklist here, and check out Episode 29 (“Using a Legal Audit to Position Your Church for the Long Haul”) to learn about the importance of a legal audit for your church.    Join the waitlist for the 2025 Faithful Foundations Membership enrollment. “The Changing Face of the Executive Pastor Role,” by Matthew Branaugh “How to Interview Your Next Church” by David Fletcher Church Finance: The Church Leader’s Guide to Financial Operations, by Michael E. Batts Questions? Comments? We welcome them! Please contact Erika Cole at erikacole.com. Erika reads each comment and may answer your question in an upcoming episode. See all episodes of Church Law. The Church Law podcast is part of Gloo LLC’s ChurchLawAndTax.com. Erika E. Cole, Esq., known as The Church Attorney®, is the creator of The Church Attorney Legal Audit® System, a proprietary legal audit process that helps church leaders be confident they are operating with integrity, and avoiding costly risks. She serves as a senior editorial advisor for ChurchLawAndTax.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

SHOW NOTES Episode 5: “Why Church Meetings Go Off the Rails” Episode 14: “The Rise and Fall of Mars Hill and What You Should Consider Before Changing Your Bylaws, with Guest Mike Cosper”  Episode 30: “Equipping Your Church Board for Long-Term Success”  “What Every Church Board Needs to Know,” a self-paced webinar by attorney Erika E. Cole “Board Member Checklist,” by James Cobble and Tyler Charles “Four Fiduciary Duties of Church Boards,” by Richard R. Hammar “Preparing for a Church Business Meeting,” by Sarah E. Merkle Download your FREE copy of The Church Attorney Legal Audit® System document checklist here, and check out Episode 29 (“Using a Legal Audit to Position Your Church for the Long Haul”) to learn about the importance of a legal audit for your church. Questions? Comments? We welcome them! Please contact Erika Cole at erikacole.com. Erika reads each comment and may answer your question in an upcoming episode. See all episodes of Church Law. The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is the creator of The Church Attorney Legal Audit® System, a proprietary legal audit process that helps church leaders be confident they are operating with integrity, and avoiding costly risks. She serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Property represents the most valuable tangible asset owned by churches. Yet many use them only once or twice a week, leaving a lot of ministry opportunities untapped. In this episode, Erika talks with attorney Midgett Parker, who has represented faith-based institutions for real estate matters since 1990. Through his decades of experience, Parker has observed many ways churches can maximize their properties to serve their communities. In some instances, these uses can also generate alternative revenue that can help further support and expand a church’s ministry reach.  Erika and Midgett talk more about the types of opportunities available to churches, including leasing space to outside groups, providing rooms for special events, and working with businesses that need real estate for solar panels, cell phone towers, billboards, and more.  They also explain more for church leaders about leasing agreements, zoning laws, property tax exemption, and other legal issues to consider.   SHOW NOTES “Before You Share Your Space,” by Richard R. Hammar “Leasing Church Premises,” by Richard R. Hammar “Religious Land Use & The Church: A Virtual Roundtable,” featuring attorneys Midgett Parker, John Mauck, Noel Sterrett, Eric Treene, and Matthew Branaugh “How Church-Run Coffee Shops, Bookstores, and Other Ventures Can Trigger Tax Liability,” by Church Law & Tax “Managing Reporting Requirements: Protecting Your Organization in a Time of Increased Scrutiny,” by Erika E. Cole “Eleven Things Churches Should Know about Zoning,” by attorney John Mauck “The Top 5 Reasons Churches and Religious Organizations End Up in Court,” by Church Law & Tax Download your FREE copy of The Church Attorney Legal Audit® System document checklist here, and check out Episode 29 (“Using a Legal Audit to Position Your Church for the Long Haul”) to learn about the importance of a legal audit for your church. Questions? Comments? We welcome them! Please contact Erika Cole at erikacole.com. Erika reads each comment and may answer your question in an upcoming episode. See all episodes of Church Law. The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is the creator of The Church Attorney Legal Audit® System, a proprietary legal audit process that helps church leaders be confident they are operating with integrity, and avoiding costly risks. She serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

As a new year begins, it’s time to evaluate the sacred cows in your church.  What’s a sacred cow? It’s holding to anything that has become established and continues without question year after year, without evaluating its effectiveness. With 2024 underway, now is the time to evaluate systems and programs that have grown stale, ineffective, and burdensome and find new ways to reinvigorate the operations of your church.   In this episode, Erika visits with Denise Craig, chief executive officer of The Church Network, a national professional association of church business administrators. Craig, a seasoned church administrator, explains the dangers of sacred cows to a church’s mission of spreading the gospel. Whether it’s worship styles, service times, committee structures, church software, or more, leaders often fall victim to a “this-is-how-we’ve-always-done-it” mentality—and that’s problematic, especially if a church isn’t growing spiritually.  Erika and Denise discuss how to break this mindset and turn a congregation toward newer and better ways of fulfilling their unique callings.  SHOW NOTES The Church Network Download your FREE copy of The Church Attorney Legal Audit® System document checklist here, and check out Episode 29 (“Using a Legal Audit to Position Your Church for the Long Haul”) to learn about the importance of a legal audit for your church. Episode 31: Equipping Younger Church Leaders, with Dr. Nicole Martin “Determining Which Ministry Gets What,” by Gary Fenton Questions? Comments? We welcome them! Please contact Erika Cole at erikacole.com. Erika reads each comment and may answer your question in an upcoming episode. See all episodes of Church Law. The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is the creator of The Church Attorney Legal Audit® System, a proprietary legal audit process that helps church leaders be confident they are operating with integrity, and avoiding costly risks. She serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

As 2023 comes to a close and 2024 comes into view, now is the time to look at issues your church may encounter in the year ahead. In this episode, Erika talks with Matthew Branaugh, attorney and editor of Christianity Today’s Church Law & Tax, about their “Four for ’24.” Find out their picks and why Erika and Matthew see them as important ones to watch. SHOW NOTES Download your FREE copy of The Church Attorney Legal Audit® System document checklist here, and check out Episode 29 (“Using a Legal Audit to Position Your Church for the Long Haul”) to learn about the importance of a legal audit for your church. “Whistleblower Policies and Church Culture,” by Samuel Ogles “Church Loan Modifications in a Crisis,” by Vonna Laue and Michelle Sanchez  “Cell Tower Leases: Easy Money or Never-ending Headaches,” by Heidi Hall “How Church-Run Coffee Shops, Bookstores, and Other Ventures Can Trigger Tax Liability,” by Church Law & Tax “Politics and the Church: Activism, Speech, and the Tax Code,” by Church Law & Tax “Take the Next Call,” a six-week online course with Erika E. Cole Questions? Comments?  We welcome them! Please contact Erika Cole at erikacole.com. Erika reads each comment and may answer your question in an upcoming episode. See all episodes of Church Law. The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is the creator of The Church Attorney Legal Audit® System, a proprietary legal audit process that helps church leaders be confident they are operating with integrity, and avoiding costly risks. She serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

The end of 2023 is near, meaning it’s the perfect time to look back and reflect upon the best of the Church Law podcast this year.  In this episode, Erika shares the five episodes that stood out the most to her in 2023, ranging from leadership culture to mergers, succession planning to legal audits, and more. The topics, the insights, and the guests all captivated Erika—find out why they did, and why you’ll want to revisit these episodes (or check them out in case you missed them the first time around!). Additional resources: Episode 27: Building a Healthy Leadership Culture in Your Church, with guest Dr. Nicholas Pearce  Episode 28: Addiction, Shame, and a Church Merger Episode 29: Using a Legal Audit to Position Your Church for the Long Haul Episode 33: Pastoral Succession for the Long-Term Good of the Church, with guest Travell Travis Episode 35: Bonus Episode: Live Q&A—Strengthening Churches for Renewal and Growth  The 16th Annual Church Compliance Conference.   Download your FREE copy of The Church Attorney Legal Audit® System document checklist here, and check out Episode 29 (“Using a Legal Audit to Position Your Church for the Long Haul”) to learn about the importance of a legal audit for your church. “Take the Next Call,” a six-week online course with Erika E. Cole Questions? Comments? We welcome them! Please contact Erika Cole at erikacole.com. Erika reads each comment and may answer your question in an upcoming episode. See all episodes of Church Law. The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is the creator of The Church Attorney Legal Audit® System, a proprietary legal audit process that helps church leaders be confident they are operating with integrity, and avoiding costly risks. She serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

This bonus episode of the Church Law podcast features live Q&A with pastors and church leaders recorded during Erika’s 16th annual Church Compliance Conference in the Washington, D.C. area.  Continuing this season’s theme regarding ways to strengthen churches for renewal and growth, Erika—along with guest Matthew Branaugh, attorney and editor from Church Law & Tax—tackle questions covering: The tax implications of renting church property; Community development corporations started by churches; Steps to ensure a church complies with laws and regulations; Ways to evaluate a ministry that may or may not still fit within a church; Potential legal and risk liabilities for house churches; Pay increases and cost-of-living adjustments for employees; and, Much more! Episode 22: Listener Mailbag: Addressing Your Questions on Love Gifts, Political Activities, Copyright, and More Episode 29: Using a Legal Audit to Position Your Church for the Long Haul Episode 30: Equipping Your Church Board for Long-Term Success The 16th Annual Church Compliance Conference.  Download your FREE copy of The Church Attorney Legal Audit® System document checklist here, and check out Episode 29 (“Using a Legal Audit to Position Your Church for the Long Haul”) to learn about the importance of a legal audit for your church. “How Church-Run Coffee Shops, Bookstores, and Other Ventures Can Trigger Tax Liability” from Church Law & Tax Church Finance: The Church Leader’s Guide to Financial Operations, by Michael E. Batts “Off-Campus Liability and Churches,” by Richard R. Hammar “Compensation-Setting: Aligning Church Priorities with Market Realities,” by Bob Cartwright ChurchSalary.com “Take the Next Call,” a six-week online course with Erika E. Cole Questions? Comments? We welcome them! Please contact Erika Cole at erikacole.com. Erika reads each comment and may answer your question in an upcoming episode. See all episodes of Church Law. The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is the creator of The Church Attorney Legal Audit® System, a proprietary legal audit process that helps church leaders be confident they are operating with integrity, and avoiding costly risks. She serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

What is church membership? Why does it matter? Is it even still relevant? Erika wraps up her multiple-episode theme, “Strengthening Your Church for the Long Haul,” by exploring church membership, and explaining why it remains relevant as ever. Even though churches define membership differently, and some use more formalized processes than others, it’s critical for leaders to revisit their church’s specific approach—and the potential legal implications created by it.    Erika walks through the key details that leaders should review, and the potential disputes that can be minimized by building—and following—a membership process that is rooted in a clear membership philosophy. SHOW NOTES: “Eight Legal Considerations for Church Membership,” by Richard R. Hammar Episode 29, Episode 30, Episode 31, Episode 32, and Episode 33 of the Church Law podcast (each focusing on different aspects of strengthening churches for the long haul).  The Church Compliance Conference, taking place September 21, 2023, has been listed as a top church management conference for its topics, speakers, and value. Learn more and register here for the 16th Annual Church Compliance Conference.  “Take the Next Call,” a six-week online course with Erika E. Cole Download your FREE copy of The Church Attorney Legal Audit® System document checklist here, and check out Episode 29 (“Using a Legal Audit to Position Your Church for the Long Haul”) to learn about the importance of a legal audit for your church. Questions? Comments? We welcome them! Please contact Erika Cole at erikacole.com. Erika reads each comment and may answer your question in an upcoming episode. See all episodes of Church Law. The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is the creator of The Church Attorney Legal Audit® System, a proprietary legal audit process that helps church leaders be confident they are operating with integrity, and avoiding costly risks. She serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Several years ago, Travell Travis received a phone call from one of his church’s bishops, who was fighting end-stage pancreatic cancer and was nearing death. The bishop needed help putting together a succession plan. That phone call showed Travis the need for churches to plan well for leadership transitions. It motivated him to write a book and help churches think strategically about succession plans. In this episode, Erika talks more with Travis about what he’s learned as an attorney and pastor in the years since that phone call. The two explore succession planning from biblical and legal perspectives. They discuss how succession planning can connect and motivate younger leaders, while addressing the long-term health and strength of churches. They also look at how planning can work within churches of different sizes and theological traditions.  ·      “Succession Plans: Why Your Church Needs One,” by Erika E. Cole ·      “Take the Next Call,” a six-week online course with Erika E. Cole ·      “Creating a Successful Succession Plan,” by Vonna Laue ·      Episode 31: Equipping Younger Church Leaders, with guest Dr. Nicole Martin, CT’s chief impact officer ·      Episode 8: How to Ensure a Smooth Succession, with guest Bishop Ralph Dennis ·      “The Financial Health of Pastors,” by Lee A. Dean ·      The Church Compliance Conference, taking place September 21, 2023, has been listed as a top church management conference for its topics, speakers, and value. Learn more and register here for the 16th Annual Church Compliance Conference.  ·      Where Will the Mantle Fall: A Biblical and Legal Guide to Succession Planning, by Travell Travis, Esq. ·      Download your FREE copy of The Church Attorney Legal Audit® System document checklist here, and check out Episode 29 (“Using a Legal Audit to Position Your Church for the Long Haul”) to learn about the importance of a legal audit for your church. Questions? Comments? We welcome them! Please contact Erika Cole at erikacole.com. Erika reads each comment and may answer your question in an upcoming episode. See all episodes of Church Law. The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry. Erika E. Cole, Esq., known as The Church Attorney®, is the creator of The Church Attorney Legal Audit® System, a proprietary legal audit process that helps church leaders be confident they are operating with integrity, and avoiding costly risks. She serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices