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Dalton and Tomich white logo
Nonprofit Attorneys for

Nonprofit Law

Helping Nonprofits Thrive

Nonprofit Law

Nonprofit organizations face many of the same challenges as businesses, from employment law issues to litigation and land use. Our lawyers, who are highly experienced in representing nonprofit organizations, help our clients focus on their missions by working to ensure their legal needs are addressed.

We provide nonprofit clients with efficient, cost-effective service, personal attention, and quick turn-around on a day-to-day basis. Our nonprofit clients include churches, schools, and community organizations, among others.

Attorney presenting documents
Attorney presenting documents

FREE GUIDE: When and Why does your nonprofit need an attorney?

Nonprofit organizations have a wide range of legal needs that arise from their operations, programs, and governance. Working with a law firm like Dalton & Tomich can provide a nonprofit with the legal guidance it needs to ensure it is operating in compliance with applicable laws and regulations, including issues related to an organization’s tax-exempt status. Indeed, just because an organization is tax-exempt does not mean it doesn’t have important, consequential legal obligations to uphold. Download the Guide below to learn more about some of nonprofits’ key legal issues.


You’ve just been elected and accepted a position to the board of directors of a church –congratulations! You take this honor seriously, and you want to do the job right. We can help.

General Counsel and Advice

Dalton & Tomich serves as outside general counsel for non-profit organizations that lack an internal legal department but need experienced non-profit counsel proactively looking after their legal needs. Our attorneys provide strategic advice on a range of legal matters, including routine business issues, governance, tax exemption, employment, substantive legal matters, litigation support on contract disputes, and more. We also help non-profits identify, retain and manage relationships with other professionals.

Nonprofit Formation and Organization

Non-profit entity formation can be a complex process involving creating legal documents, compliance with state and federal laws, and a range of other considerations. Our experienced attorneys are well-versed in non-profit law, and we can guide you through the entity formation process from start to finish, including:

  • Entity selection: We can assist in choosing the appropriate legal structure for your nonprofit organization, whether it’s a 501(c)(3) charitable organization, a 501(c)(4) social welfare organization, or another type of nonprofit entity.
  • Drafting and filing of documents: We can prepare the necessary legal documents for nonprofit formation, including articles of incorporation, bylaws, and applications for tax-exempt status.
  • Compliance with state and federal laws: We can advise on compliance with applicable laws and regulations, including those related to tax-exempt status, fundraising, and board governance.

Governing Documents, Bylaws and Operating Agreements

At Dalton & Tomich, we understand that non-profits have unique governance structures and require specific governing documents to operate effectively. We’re committed to helping our clients establish strong, legally sound bylaws and operating agreements that ensure effective management and compliance with state and federal laws.

Our non-profit governing documents, bylaws, and operating agreement services include:

  • Bylaw development and review: We help non-profits create bylaws that are specific to an organization’s needs and ensure compliance with applicable laws and regulations. We also review and update existing bylaws to ensure they are up-to-date and legally sound.
  • Operating agreement development and review: We help non-profits draft operating agreements that govern an organization’s day-to-day activities, including decision-making processes and financial management.
  • Compliance advice: We provide guidance on compliance with state and federal laws, including those related to non-profit governance, tax-exempt status, and charitable solicitations.
  • Board governance guidance: We advise on best practices for non-profit board governance, including fiduciary duties, conflicts of interest, and board member roles and responsibilities.

Preparing 501c3 Documents

Applying for tax-exempt status under section 501(c)(3) of the Internal Revenue Code is critical for many non-profit organizations. We help our clients navigate the application process and prepare the necessary legal documents to establish tax-exempt status.

Our 501(c)(3) document preparation services include:

  • Application preparation: We help clients prepare and file Form 1023, the application for tax exemption under section 501(c)(3), as well as any required schedules and attachments.
  • Bylaw development and review: We create bylaws that meet the specific requirements for tax-exempt status under 501(c)(3), including language related to an organization’s charitable purpose, dissolution clauses, and other required provisions.
  • Conflict of interest policy development: We advise on the development of a conflict of interest policy, which is required for tax-exempt status under 501(c)(3).
  • Other required documents: We prepare any other required documents, such as articles of incorporation, minutes of organizational meetings, and other supporting materials.

Contract Drafting and Review

Contracts are an essential component of nonprofit operations, governing a range of relationships with donors, vendors, employees, and other stakeholders. At our law firm, we understand the importance of legally sound contracts for nonprofit organizations, and we’re dedicated to helping our clients draft and review contracts that protect their interests and ensure compliance with applicable laws and regulations.

Our nonprofit contract drafting and review services include:

  • Donor agreements: We can draft and review agreements related to charitable donations, including gift agreements, endowment agreements, and charitable bequests.
  • Vendor agreements: We can review and draft agreements related to vendors and suppliers, including service contracts, purchasing agreements, and equipment leases.
  • Employment agreements: We can review and draft employment contracts for nonprofit staff, including executive compensation agreements, non-compete agreements, and employment policies.
  • Grant agreements: We can review and draft grant agreements, ensuring they comply with federal and state grant requirements and protect the nonprofit’s interests.
  • Programmatic contracts: We can draft and review contracts related to programmatic activities, such as agreements with partners, funders, or clients.

Litigation Services

Non-profit organizations face a wide range of legal challenges, including those related to litigation. Our experienced attorneys are well-versed in nonprofit law and can provide comprehensive litigation services to help your organization resolve disputes and protect your interests.

Our non-profit litigation services include assisting with breach of contract, employment, intellectual property, board, and other disputes.

Frequently Asked Questions

Yes. Federal guidelines determine whether or not an organization can qualify as tax-exempt. We will explain these rules to you, and if necessary help you make any adjustments you need in order to qualify.

Yes, we represent nonprofits in litigation in both federal and state courts. Our attorneys are experienced litigators.

These are uncomfortable and complex issues. It is important that you sit with our professionals and tell us the full scope of the issue so we can devise a plan of action to protect you individually and help guide the board back to its mission.

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