The Canadian Charity Law Podcast

This episode offers an essential guide to selecting a charity lawyer, highlighting the importance of legal expertise for Canadian nonprofits and charities.

It emphasizes finding a lawyer with experience in Canadian charity law, transparent and predictable fees, significant number of online 5 star reviews, and strong, timely communication.

This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B.I.G. Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs.

https://www.charitylawgroup.ca/
P: 416-488-5888

https://www.charityaccountingfirm.ca/
P: 289-301-8883

Creators and Guests

DJ
Producer
Dov Goldberg, J.D.
Dov Goldberg is a manager partner at B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm Providing Services Exclusively to Charities Across Canada

What is The Canadian Charity Law Podcast ?

Exploring the ins-and-outs of Canadian Charity Law in a way that can be understood by the layperson, including Charity Registration, Not-for-Profit Incorporation, Charity Governance, Charity Fundraising, Tax Receipting, and much more!

David:

Hey, deep divers. Welcome to another deep dive. So today, we're looking at something super important if you're, you know, involved with nonprofits or maybe thinking about starting a charitable organization in Canada. We're talking about choosing a charity lawyer. Oh.

David:

And, specifically, we're gonna be digging in to this essential guide Okay. To choosing a charity lawyer from the BIG Charity Law Group.

Sara:

Right.

David:

And, you know, it might sound a little dry at first, but trust me.

Sara:

Okay.

David:

This is all about understanding how having the right legal expert

Sara:

Right.

David:

Can be a total game changer for, you know, your organization. Yeah. You're absolutely right. I think a

Sara:

lot of people don't realize just how complicated

David:

Yeah.

Sara:

Canadian Charity Law can be. Right. It's so easy for, you know, organizations to make mistakes

David:

Oh, yeah.

Sara:

That could, you know, really jeopardize everything they've worked for Totally. Even their charitable status.

David:

It's like walking through a minefield that you can't even see.

Sara:

Exactly.

David:

Which is why I think this guide is so important. Yep. So, you know, it really stresses that you need to find a lawyer who specializes in charity law.

Sara:

Right.

David:

So what makes a charity lawyer different from just a regular lawyer?

Sara:

Well, a charity lawyer lives and breathes Canadian Charity Law. They know the ins and outs of all the rules, all the regulations, everything the CRA, Canada Revenue Agency, you know, expects. Right. They're basically your guide through this really complex world.

David:

Okay. So it's not enough to just know the law in general.

Sara:

Right.

David:

They have to know how it impacts charities specifically.

Sara:

Exactly. And that's why this guide highlights 5 key reasons why you need a charity lawyer.

David:

Okay. I'm hooked. Late on me was the first reason.

Sara:

Alright. So number 1 expertise in Canadian

David:

Law. Okay. Makes sense. Yeah. But, like, what does that actually mean for an organization?

Sara:

Well, it means you can sleep soundly at night knowing that everything your organization does is, you know, by the book. It reduces the risk of penalties, ensures you're taking advantage of all the tax benefits you're entitled to, and most importantly, it protects your charitable status.

David:

Right. Because I mean, losing that charitable status would be a huge blow.

Sara:

Oh, absolutely.

David:

Okay. So reason number 2, the guide talks about customized legal solutions.

Sara:

Yeah.

David:

So I guess that means it's not one size fits all.

Sara:

Definitely. Not every charity is unique. Right? They have their own goals. They have their own structure and their own challenges.

David:

Right.

Sara:

So, for example, let's say you have a small community group that wants to start a social enterprise.

David:

Right.

Sara:

A charity lawyer would help them navigate all the legal stuff that comes with incorporating a business, but making sure they keep their charitable status and all their activities are aligned with their mission.

David:

Interesting.

Sara:

Now compare that to advising a big foundation that's making international grants.

David:

Right.

Sara:

Totally different legal considerations.

David:

Yeah. That's a really good example. Yeah. And And it kinda leads right into the next reason, which is navigating tax implications.

Sara:

Mhmm.

David:

I mean, taxes are complicated enough for individuals. I can't imagine what it's like for charities.

Sara:

A whole other ballgame. And this is where a charity lawyer is really invaluable. They help you understand and take advantage of all the tax benefits available to charities in Canada.

David:

Like, what kind of benefits?

Sara:

Well, think about claiming charitable donation receipts, accessing special tax credits

David:

Oh, yeah.

Sara:

Even rebates on property taxes. A charity lawyer makes sure you're not leaving any money on the table.

David:

Wow. So it's not just about, you know, avoiding taxes. It's about maximizing the resources that you have to further your mission.

Sara:

Exactly.

David:

Okay. The next reason that the guide mentions is ensuring due diligence.

Sara:

Mhmm.

David:

What does that even mean in the context of a charity?

Sara:

It's all about being proactive, identifying, and mitigating any potential legal risks. A charity lawyer will do a deep dive to make sure everything you do is in line with your objectives and complies with all the laws and regulations.

David:

So it's like a legal safety net.

Sara:

Exactly.

David:

So you don't accidentally step into, you know, legally risky territory.

Sara:

Exactly. And finally, the guide talks about assisting with governance and reporting.

David:

Okay. So that sounds like it goes beyond just legal stuff.

Sara:

Right. It's about making sure your organization is run effectively and transparently.

David:

Okay. And that everyone is accountable.

Sara:

Exactly. A charity lawyer will help you with best practices for governance. They'll help you establish clear roles and responsibilities, create transparent decision making processes, and ensure accountability. They'll also help you navigate those sometimes complex reporting requirements.

David:

Right.

Sara:

So you know you're maintaining public trust.

David:

Okay. So we've covered why you need a charity lawyer.

Sara:

Right.

David:

But how do you choose the right one for your organization? I mean, does this guide talk about that too?

Sara:

It does. And finding the right fit is so important.

David:

I bet. Yeah. Well, let's unpack that after a quick word from our sponsor. Alright. Welcome back, deep divers.

David:

So before the break, we were talking about how to choose the right charity lawyer.

Sara:

Yes.

David:

And I'm really curious to see what this guide has to say about that. So where do we begin?

Sara:

Well, the guide starts with experience and expertise, which I guess seems obvious.

David:

Yeah. But it's

Sara:

a little more new ropes than that. It's not just about how many years a lawyer's been practicing. It's more about what kind of experience they have.

David:

So what should organizations be looking for beyond just the years of practice?

Sara:

Well, think about it this way. If your charity focuses on, let's say, environmental conservation, you probably wouldn't wanna hire a lawyer who specializes in, you know, corporate mergers.

David:

Right.

Sara:

You'd want someone who understands environmental law. Of course. Someone who's worked with other environmental charities and understands their specific challenges.

David:

Yeah. So it's about finding a lawyer who speaks your language.

Sara:

Exactly.

David:

Someone who gets the ins and outs of your specific area of the charitable sector.

Sara:

Exactly. And that's where the next point comes in client testimonials and reviews.

David:

Okay.

Sara:

Reading what other charities have to say about a lawyer can really give you some valuable insight

David:

Yeah. For sure.

Sara:

Into how they work, how they communicate, and, you know, their overall effectiveness.

David:

Right. You wanna get a feel for their style and if they'd be a good fit.

Sara:

Exactly.

David:

Yeah. Speaking of communication, you know, I once had a lawyer who took, like, weeks to return my calls.

Sara:

Oh, no.

David:

It was so frustrating. It made me realize how important communication is.

Sara:

Oh, absolutely. You need a lawyer who's responsive to your inquiries who can explain things clearly

David:

Right.

Sara:

And who keeps you in the loop throughout the whole process. It's about building that trust.

David:

Totally. Yeah. It's like any good partnership, really good communication is key.

Sara:

Exactly.

David:

Now the guide also mentions transparent fee structure. Yes. Which seems pretty straightforward.

Sara:

Yeah.

David:

But are there any red flags organizations should watch out for?

Sara:

Absolutely. So, you know, it's important to get a clear breakdown of costs, of course. Yeah. But pay attention to how those costs are presented.

David:

Okay.

Sara:

Are they fixed fees? Are they hourly rates, or is it a combination of both? Right. Are there any hidden costs that might come up later?

David:

You know any surprises?

Sara:

Exactly.

David:

Yes.

Sara:

A good charity lawyer will be upfront about all of that from the start.

David:

Right. Transparency is key.

Sara:

Yes.

David:

Okay. And, finally, there's commitment to the nonprofit sector.

Sara:

Yeah.

David:

This one seems a little less tangible than the other factors.

Sara:

Right.

David:

But I imagine it's still really important.

Sara:

Oh, it's crucial. It's about finding a lawyer who not only understands the law, but who actually believes in what charities do.

David:

Yeah. They have to have that passion.

Sara:

Exactly. It's about dedication and really understanding the unique challenges and rewards of working in the nonprofit world.

David:

So how do organizations know if a lawyer is truly passionate about the sector? Is it just a feeling, or are there ways to assess that?

Sara:

That's a great question. I think the best way is to simply ask them.

David:

Okay.

Sara:

You know, find out why they chose to specialize in charity law, what excites them about working with nonprofits

David:

Okay.

Sara:

What they see as the biggest challenges and rewards.

David:

So really understand what drives them.

Sara:

Exactly. And if you can sense that passion, if they truly believe in the mission of charitable organizations, then that's a good sign.

David:

Sounds like finding a charity lawyer is kinda like finding a soulmate for your organization.

Sara:

Uh-huh. In a way, it is.

David:

You need that connection and shared vision. Absolutely. Well, this has been so insightful. We've learned so much about choosing a charity lawyer. Yep.

David:

But before we wrap up, is there anything else from the B. I. G. Charity Law Group's guide that we should highlight?

Sara:

You know what there is? They make this one point that I think is so important for anyone who's passionate about making a difference.

David:

Okay. What is it?

Sara:

They say that a charity lawyer can be so much more than just a legal adviser.

David:

Oh, interesting. Tell me more.

Sara:

They can actually be a strategic partner, someone who helps you maximize your impact and really achieve your mission.

David:

So they can help you think strategically, not just legally.

Sara:

Exactly. Think about it. A charity lawyer who really knows the sector can help you identify new ways to approach your goals, develop programs that are impactful but also compliant with all the regulations

David:

Okay.

Sara:

And even connect you with other organizations or funders who align with your mission.

David:

So they're like a secret weapon.

Sara:

Uh-huh. In a way. Yes.

David:

Helping you navigate the legal landscape and the broader nonprofit world.

Sara:

Exactly. And that's what makes finding the right charity lawyer so crucial.

David:

You want someone who not only protects you but also empowers you. Wow. This has been an incredible deep dive. We've covered so much ground.

Sara:

Yes. We have.

David:

We've talked about the role of a charity lawyer, how to choose 1

Sara:

Right.

David:

And the incredible impact they can have.

Sara:

It's been a great discussion.

David:

But I have a feeling you have one last nugget of wisdom to share with our listeners before we go.

Sara:

I do. And it's a question I want you to think about. Beyond legal compliance, how can partnering with a passionate charity lawyer help you achieve your mission and make a lasting impact?

David:

Wow. That's a powerful question. It is. It really challenges us to think beyond the legal stuff and see how a strong partnership can fuel our work.

Sara:

Exactly.

David:

And for our listeners who are ready to find their own legal champion, where can they learn more about the B. I. G. Charity Law Group?

Sara:

Well, they can visit their website at Charity Law Group dot c a.

David:

Perfect. We'll be sure to include that link in our show notes.

Sara:

Great.

David:

It really is like you said, they become a strategic partner who is as invested in your success as you are.

Sara:

Absolutely. And when you find that right lawyer, you know, one who shares your passion and really gets the complexities of this world, it's like Yeah. You've got this secret weapon on your team.

David:

Yeah.

Sara:

Someone who can help you unlock those opportunities and, you know, navigate those challenges with confidence.

David:

That's a really great way to put it. Yeah. Well, for those listeners who are ready to find their own legal champion, I just wanna remind everyone they can learn more about the BIG Charity Law Group on their website Yes. Charitylawgroupdot k.

Sara:

That's right.

David:

We'll include that link in the show notes as well. Wonderful. And I think if there's one key takeaway from this whole deep dive, it's that, you know, seeking expert legal counsel. It's not an expense. No.

David:

It's an investment.

Sara:

It is. An investment in your organization's future, it's sustainability.

David:

Right.

Sara:

And it's ability to make a real difference.

David:

So well said. Yeah. It's not just about, you know, checking boxes and staying compliant. Yeah. It's about empowering your organization to really achieve its full potential.

David:

Well, Deep Divers, this has been an amazing journey into the world of charity law in Canada. I don't know about you, but I feel so much more informed and energized.

Sara:

Me too. And I hope our listeners feel the same way. You know, knowledge is power, and with the right guidance, you can truly make a difference in your community and beyond.

David:

I love that. A ripple effect of positive change.

Sara:

Exactly.

David:

Well, to all our amazing listeners out there, thank you so much for joining us on this deep dive. Keep learning, keep exploring, and keep making the world a better place. We'll see you next time.

Sara:

Thanks for having me.