Fiduciary and Ethical Issues Involving Attorney's Service on Nonprofit Boards

Attorneys are often asked to serve on the board of directors of nonprofit organizations. This can be an important way to become more involved in the community and it can be a very rewarding experience for an attorney. While serving on a nonprofit board, it is important to be mindful of the fiduciary duties imposed on directors as well as the ethical duties imposed on attorneys and the possible issues that can arise. There are also important considerations when an attorney who is serving as a board member is also asked to provide legal services to the nonprofit.

The presentation, taught by Willard L. Boyd III, will cover:

• Fiduciary duties of directors

• Ethical duties of attorneys

• Potential fiduciary and ethical duties that can arise for attorneys serving on boards

• Protections for attorneys serving as board members

• Considerations for attorneys when considering whether to serve on a nonprofit board

Learning Objectives:

1. Examine fiduciary duties imposed on directors and practical steps to fulfill duties

2. Discuss various requirements of the ABA Model Rules of Professional Conduct that might apply when an attorney serves on a nonprofit board and also represents the nonprofit

3. Review of protections for attorneys serving on boards