Jonathan S. Ziss, co-chair of Goldberg Segalla’s Management and Professional Liability practice group, recently published an article for CLM Magazine entitled, “Representing the Not-for-Profit Board,” where he highlights the best practices for an effective attorney-client relationship.

“Representing the NFP board in connection with a disputed matter poses special challenges for outside defense counsel,” he said.

Some of these best practices are most applicable to smaller organizations, such as HOAs, faith-based congregations, social clubs, private schools, camps, museums, etc. – organizations led by boards largely comprised of amateur directors who provide their time and effort on a volunteer basis.

Jonathan suggests first speaking with the insurance claims professional assigned to the claim to find out if that professional has handled other claims for the insured and if they are familiar with the board members involved with the claim. He also recommends an introduction to the board president.

“Assure the individual that, while you have been engaged by the directors’ & officers’ insurance carriers, you are indeed counsel for the organization just as surely as if they had hired you directly to dispel the common misconception that defense counsel represents the insurer and not the insured,” he said.

Jonathan then delves into obtaining the necessary paperwork as well as copies of the board’s meeting minutes for the past 12 months, and the need for a meeting with the entire board and the appropriate topics to discuss with them at said meeting.

“Representing a NFP board in a dispute setting requires specialized knowledge drawn from state law and from the client’s own governance structure, the ability to quickly gain the trust and confidence of a group of strangers, an understanding of digital discovery, and traditional litigation and dispute resolution skills, with an extra measure of patience,” Jonathan said. “Do all of this, and you will have a grateful client, eager to help you achieve their goals.”

READ THE FULL ARTICLE HERE: “Representing the Not-for-Profit Board” CLM Magazine, June 12, 2024

MORE ABOUT GOLDBERG SEGALLA’S JONATHAN S. ZISS:

Jonathan S. Ziss is co-chair of the firm’s Management and Professional Liability practice, chair of its Aviation Litigation practice, and a member of its Commercial Litigation and Cybersecurity practices. He devotes much of his practice to the representation of professionals, including accountants, attorneys, bankers, design professionals, insurance agents/brokers, directors and officers, and fiduciaries, in administrative and civil proceedings. He counsels and defends not-for-profit entities such as homeowners’ associations, faith-based organizations, and others, in management liability litigation as well as non-litigated disputes. Jonathan counsels clients and litigates, arbitrates, and mediates commercial disputes in a wide range of industries, from healthcare to hospitality. In addition, as a member of the firm’s cyber incident response team, he manages compliance and loss mitigation campaigns in the aftermath of data breaches.