Legal Resource Manual
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Other Resources
 
 
Presbyterian Publishing Corporation
 

100 Witherspoon Street
Louisville, KY 40202
(888)728-7228 ext. 5020

Davis Perkins, President/Publisher
Robin Andres, Associate for Administration

 
 
Minister Assistance
 
RESPONSE
A benefit of the Board of Pensions
(800)455-5129
RESPONSE offers a wide variety of free services to those (both clergy and lay) covered by the Board of Pensions. Simply call the toll-free number to access any of the following services:
  • Counseling (depression, family or marital problems, stress, anxiety, grieving, alcohol and substance abuse, career transition)
  • Legal advice (family law, property, estates, evictions, landlord/tenant)
  • Financial matters (tax, bankruptcy, financial counseling, foreclosures)
The RESPONSE program provides access to lawyers, accountants, counselors, and other professionals.
 
The National Clergy Support Network/PASTORCARE, Inc.

P. O. Box 52044
Raleigh, NC 27612
(919)787-7024

The National Clergy Support Network/PASTORCARE, Inc. serves ministers and their families. Clergy from all denominations are eligible for the free services. Services include prayer intercessors, vacation getaways, interim employment, legal assistance, physical health needs, counselors, and mentors.
 
PresbyNet
 
PresbyNet is a service of the Office of Communication. PresbyNet members share information and communicate with others around the world. There are hundreds of public and private meetings on a myriad of subjects. Contact PresbyNet at (800)733-2863 for more information and how to join. A few sample ways to use PresbyNet:
  • set up a support network for Christian educators or pastors of rural churches
  • create your own network in support of mission
  • share worship materials
  • reduce face-to-face meetings while still keeping people involved and informed
  • have access to most staff at the Presbyterian Center in Louisville, and staff at dozens of middle governing bodies
 
PresbyTel
 
 

PresbyTel is another service of the Office of Communication. PresbyTel is a direct link to one of the most complete databases of information on topics of interest to Presbyterians. You can receive quick and efficient answers from trained consultants by calling (800)UP2DATE/872-3283.

Any person linked to PresbyNet can submit questions to PresbyTel Online, an electronic meeting during which staff can answer your questions online. Individuals can also send a note directly to the PresbyTel inbox. Finally, PresbyTel has a fax line available for those who wish to send their questions via this method. The fax number is (502)569-8099. After receiving your fax, a PresbyTel consultant will research your request and then respond by either return fax or telephone, whichever you choose. Individuals may also send questions after business hours. A consultant will respond to the request on the following business day.

 
 
Sexual Harassment and Misconduct
 

Clergy Discipline and Church Polity
Office of the General Assembly
Constitutional Services
Laurie Griffith, Manager of Judicial Process
(888)728-7228 ext. 5432

Harassment and misconduct should be reported to the minister and clerk of session at the church where it occurred. If the harassment or misconduct was perpetrated by a minister, report it to the presbytery (both the presbytery executive and the stated clerk) of which the minister is a member.

 
 
Stewardship
 

Stewardship and Mission Funding
Claude Godwin, Associate Director
(888)728-7228 ext. 5649

Stewardship Education
David Johnson, Associatef ro Resource
(888)728-7228 ext. 5140

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Useful Web Sites
 
 

Presbyterian Church (U.S.A.)

Presbyterian Church (U.S.A.) Foundation

Board of Pensions of the Presbyterian Church (U.S.A.)

Presbyterian Church (U.S.A.) Investment and Loan Program, Inc.

Presbyterian Publishing Corporation

Church Ministry Resources
Order and subscription information for the very helpful resources produced by Richard Hammar and James Cobble. Resource topics include copyright, employment, tax, background checks, and abuse prevention.

American Bar Association
Comprehensive links to legal sites on the Internet. LawLink is a list of legal research starting points selected by the ABA. Be sure to check out "site-tation" for highlights of what is new on the Internet from a legal perspective.

Cornell Law School
Best legal resource site on the Internet. U.S. Supreme Court decisions [which can be distributed to you on the day of the decision via e-mail at no charge], important federal and state statutes, and international treaties.

Courts Finder
To locate the home pages for any of the U.S. Federal Circuit Courts, click on the Circuit identified on the map appearing on Emory Law School's home page. Also provided is a link to the Emory Electronic Reference Desk. This section of the Emory Law School Web site contains links to Web pages and a search engine covering several general subjects.

Indiana University School of Law
Another site serving as a one-stop legal reference site. This site provides users access to and descriptions of a wide variety of law-related Internet information.

Internal Revenue Service
User-friendly, popular tax site. Includes links to "Tax Regs in English," tax information for business, "What's Hot," forms and publications.

Thomas
A service of the U.S. Congress, this site features legislative information on the Internet. Site includes federal legislation, tax bills, and more.

Department of Labor
The Homepage of the U.S. Department of Labor.

Federal Trade Commission
Information about the Children's Online Privacy Protection Act.

U.S. Federal Courts Finder
Find Federal court cases. Capable of searching for cases by party name, topic, or circuit.

U.S. House of Representatives Internet Law Library
Currently provides full text searchable copies of the U.S. Code and the Code of Federal Regulations. Also, includes state and territorial laws, as well as the laws of other nations. The library has over 8,900 Internet resources indexed by subject or jurisdiction.

U.S. Securities and Exchange Commission
Contains links to SEC databases, including the Edgar database of corporate information. Search Edgar for corporate filings with the SEC.

Supreme Court
A unique site that provides information on major constitutional cases heard and decided by the Supreme Court of the United States. At this site, you can listen to oral arguments made in numerous Supreme Court cases.

Altavista
One of the general search engines used to locate sites on the Internet. Allows user-friendly searches of the Internet and news groups.

Corporate Financial Information
Current stock quotes, foreign exchange currency rates, corporate profiles and the latest business news.

Findlaw
This site is actually several sites in a single location. The index contains a listing of Internet legal resources that can be searched by topic or keyword. The LawCrawler expands search capability to additional databases.

Hieros Gamos
Comprehensive list of legal resources available on the Internet.

Law Journal Extra
Contains a great deal of relevant law news, offers connections to law firms online, classified ads and an employment center. Daily highlights of current, newsworthy events as well as major stories from The National Law Journal, The NY Law Journal, and Law Technology Product News.

Online Newspapers
Quick access to hundreds of newspapers from around the country with user-friendly interface. Many newspapers allow you to search their archives.

Senior Law
Access information on elder law, Medicare, Medicaid, estate planning, trusts, and the rights of the elderly.

U.S. Supreme Court Decisions
kept very current

Federal Court Decisions

U.S. Code
Search federal statutes

 
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Do's and Don'ts When a Lawsuit Is Filed — And Until It's Over
 
 

When the Papers Arrive

  • Do not sign anything other than a simple messenger's receipt that acknowledges your receipt of court papers;
  • Keep the envelope or wrappers that the papers arrived in;
  • Make a written notation of the date and time the documents were received and the method by which they were received (hand delivery by a court official; mail; other — be specific);
  • Call your attorney immediately for instructions;
  • Call your insurance broker or agent immediately; forward a copy of the papers to your broker/agent, with a dated cover letter (save a copy of the cover letter too);
  • Determine whether your organization has a policy already in place for what to do when a lawsuit is filed; make sure you follow the requirements outlined in such a policy, if it exists;
  • Deliver a copy of the papers to other leaders in your organization, as appropriate (for example, the chair of the committee, the minister, the treasurer, the clerk of the session);
  • If the complaint names the Presbyterian Church (U.S.A.) or the General Assembly as a defendant, contact the Legal Services Office immediately (888)728-7228 ext. 5390, Martha Clark; or (888)-728-7228 ext. 5369, Eric Graninger.

The Next Step...

  • Sit down immediately with your attorney and a small group of leaders (the group will vary depending on the nature of the lawsuit) and decide key strategy issues:
    • Prepare for possible media interest and a press statement, if necessary;
    • Decide who is going to be the up-front person on the lawsuit to handle inquiries, assist counsel, follow what's happening, and so on. (Note: This person should be someone who has excellent follow through skills, knows how to keep information in strict confidence, and who consistently uses good judgment about delicate matters.); ensure that this person gets the training that s/he needs on what is appropriate to say, when and to whom;
    • Ensure that a good file of all documents is maintained; decide who is going to maintain that file and be responsible for it;
    • Decide whether the congregation needs to be informed of the lawsuit, as applicable (again, be careful — seek legal advice);
    • Decide whether any local church pastoral care will be needed and develop a plan to address these needs;
    • Decide whether pastoral care will be important for anyone else — including yourself!
    • If the lawsuit is based on some type of misconduct of a pastor, determine whether there has been an internal disciplinary action filed and, if so, what is its status; if not, decide whether it would be appropriate to pursue such an action at this time (again, be careful — seek legal advice). Consult with the pastor's presbytery of membership.
  • Make sure an attorney is hired immediately to file the appropriate response to the lawsuit; if your insurance agent/broker is not able to give you the name, address, and phone number of the attorney assigned to the case within several days of your receipt of the papers, you will need to have your own attorney obtain an extension of time for the filing of appropriate papers. (Note: There are important, short deadlines for the filing of responses in lawsuits; and, filing the wrong response can result in significant legal problems down the line; it is crucial an attorney be on the alert immediately to protect your interests);
  • Preserve notes, correspondence, or files that relate to the matter;
  • Do not talk with anyone about the lawsuit, except your attorney and the small group of leaders who work together to develop a strategy for what to do next;
  • Do not call the plaintiff, his or her attorney, or anyone else who might be on the other side in this matter;
  • Do not call, write, or visit with the judge, at any time, for any reason;
  • Ask your attorney before you act;
  • Remind yourself, your attorney, and others that this is a church and that a church is different from other parties in a civil lawsuit; it is important for the church to act as a church at all times. While this does not mean you are free to do what you want, when you want, or that you will be free and clear of liability, the role of the church should remain in mind at all times.

When You Meet with Your Attorney...

  • Be completely open, truthful, and forthright; your attorney cannot help you if you hide information; do not try to decide what information is important or unimportant — let your attorney be the judge of that — tell everything you know;
  • Bring a copy of all documents, writings, and things that may have anything to do with the lawsuit; keep the original;
  • Talk with your attorney about your insurance coverage;
  • Remind your attorney that she or he represents you, not your insurance carrier;
  • Listen to your attorney and follow his or her advice; if you disagree with something that she or he says, tell him or her that you disagree and iron out the issue right then and there;
  • Educate your attorney about the Presbyterian Church (U.S.A.) denomination; make sure that she or he understands the importance of the structure of the Church; tell your attorney there are lawyers at the General Assembly Council who may have legal research, briefs, and other helpful materials that would be of assistance in understanding the structure of the Church (contact Eric Graninger or Martha Clark at (888)728-7228 ext. 5390);
  • If you receive a "reservation of rights" letter — or a "denial of coverage" letter from your insurance carrier, you should obtain an opinion from a special insurance coverage attorney about whether there are steps you should take to protect your legal rights under the insurance policy(s).

As the Case Progresses...

  • Remember the do's and don'ts from above!
  • Call your attorney immediately if you receive any additional official papers related to the lawsuit;
  • Make sure your up-front person is continually updated about the status of the case and has access to independent legal counsel to help answer questions about legal strategies and maneuverings and address concerns regarding insurance coverage or actions being taken in the lawsuit by your attorney or others;
  • Try to be patient: the court system is sometimes very slow and cumbersome; it may seem like it's taking forever for your case to get anywhere.
 
Church News Publications
 
  • Church & Society Magazine — "the journal of just thoughts," has been published by the Presbyterian Church since 1908 and is presently part of the Social Justice Program Area of the National Ministries Division. It includes reflective comment on social issues, models and resources for individual and group study and action, and articles to encourage dialog among persons with religious commitment. Bimonthly; each year the July/August issue is the social justice actions of the just-completed General Assembly. More information: Bobbi Nells Hargleroad, Editor. (888)728-7228 ext. 5810; email.
  • Horizons — A bimonthly magazine published by Presbyterian Women that provides information, inspiration, and education from the perspective of women committed to Christ, the church, and faithful discipleship. To order call: (800)524-2612.
  • News Briefs — News of the denomination, including a bulletin insert churches can reproduce for their Sunday bulletins. About thirty-five issues are published per year and sent to church leaders — pastor/head of staff, presbytery and synod staff members, information officers at related colleges and seminaries, and members of General Assembly-level committees. News Briefs is also available at PC(USA) News Briefs. For more information call: (888)728-7228 ext. 5504.
  • Presbyterians Today — The general-interest magazine of the Presbyterian Church (U.S.A.). It contains feature stories and news about people and congregations, analysis of current issues from a Christian perspective, up-to-date information about the Presbyterian Church (U.S.A.) and its mission around the world, Bible study, and practical assistance for daily living. For more information call: (800)524-2612.
             
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  For more information on the Legal Resource Manual contact Brenda Smithers - 100 Witherspoon Street - Louisville, KY - 40202-1396 - (888) 728-7228, x5377 or click here to email  
     
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