hat ? While you may try to address the problem by specifically noting in board minutes that your advice is strictly legal advice , if non-privileged business advice is also part of the discussion , you haven ’ t accomplished much . Making matters worse , there can be confidentiality problems because outside donors may have certain rights to review the board minutes and / or non-attorney directors may disclose the communication for business reasons . Either way privilege is lost . This is why it is so important for the attorney-director to fully inform the client and the board of the potential risks relating to loss of privilege , and this should always be done in writing .
Please understand my intent in sharing this cursory overview of the risks associated with sitting on nonprofit boards is not about trying to talk you out of agreeing to do so . It ’ s quite the opposite actually . I would encourage you
to participate if and when these kinds of opportunities arise . Speaking personally , I do believe giving back to the community in this fashion is a wonderful gift for an attorney to give . All I am trying to do is to see that you are informed in order to help you make decisions about how to give back in a way that will hopefully garner the greatest rewards for all involved . Now that you know what you need to think about , go for it . Go out and make the world a better place . It really can be a fun gig .
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Further , by making this publication or document available , ALPS is not rendering legal or other professional advice or services and this publication or document should not be relied upon as a substitute for such legal or other professional advice or services . ALPS warns that this publication or document should not be used or relied upon as a basis for any decision or action that may affect your professional practice , business or personal affairs . Instead , ALPS highly recommends that you consult an attorney or other professional before making any decisions regarding the subject matter of this publication or document . ALPS Corporation and its subsidiaries , affiliates and related entities shall not be responsible for any loss or damage sustained by any person who uses or relies upon the publication or document presented herein .
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