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The Church Attorney Consulting Services, LLC

Where Most Churches Are Exposed (Without Realizing It)

Published 30 days ago • 2 min read

Hello Reader ,

Church leaders carry a wide range of responsibilities,some of which are visible and immediate.
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But many of the most important areas of leadership operate in the background. And because they may not demand attention, they are often overlooked.

In my over 25 years of providing legal services to churches, we consistently see a pattern: Most risks are not the result of major mistakes. They develop quietly over time.

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They often show up as:
• Policies that haven’t been reviewed in years
• Roles that have evolved without clear definition
• Financial processes that rely on trust without structure
• Governance that exists, but isn’t clearly understood
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None of these feel urgent. Until they are.

A Real Example of How This Happens

A recent case highlights how easily an overlooked process can lead to serious consequences.
In Jane Doe et al. v. Montana Rescue Mission (filed 2026), a ministry is facing a negligent hiring lawsuit after employing a counselor whose professional license had previously been suspended for misconduct involving a client.

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That information was publicly available through the state licensing board.
According to the lawsuit, it was not properly identified (or acted upon) during the hiring process.

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The situation escalated when two residents later reported being sexually assaulted by the counselor. The case now seeks damages against both the individual and the organization.

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What’s important here is not just the incident, it’s the breakdown in process.
A missing or incomplete step in vetting allowed a known risk to enter the organization.

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For churches and ministries, especially those serving vulnerable populations, this reinforces a critical point:
Background checks are not just about criminal history.
They must include verification of professional licenses and prior disciplinary actions. When these systems are informal (or assumed rather than structured) they create exposure that may not be visible until it’s too late.

The Underlying Issue

The challenge is not that churches are trying to do something wrong.
It’s that key operational areas like hiring processes, governance clarity, and internal controls are often left unexamined. Not intentionally, but because they operate in the background.
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​But we all know that what happens in the background shows in the forefront.

A Simple Starting Point

If you’re not sure where to begin, start with one question:
Does our current structure reflect how our church actually operates today?

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This includes areas like:
• Hiring and screening processes (including volunteers)
• Leadership roles and responsibilities
• Financial oversight
• Governance and accountability

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If the answer is unclear, that’s not a problem, it’s a starting point.
Clarity in leadership is not built all at once.

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It develops over time, with the right focus and intentional review.
That’s what we’ll continue helping you navigate.

Blessings!

This email is intended for informational purposes only and does not constitute legal, accounting, or tax advice, nor does it create an attorney-client relationship. The information provided here was based on certain federal and/or state statutes and does not encompass all applicable requirements or other regulations that may exist, such as local ordinances or case law.

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The Church Attorney Consulting Services, LLC

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