Association Legal Services

Your association or trade group has many of the same legal challenges as any small business -- coupled with a public accountability and membership which can mean additional legal obligations and organizational headaches. At James M Loots, PC we understand the unique legal needs of managing an association's day to day operations while delivering to your constituency the level of service and representation it deserves. Whether assisting in advocacy efforts or dealing with routine office issues, our attorneys bring to their tasks a sensitivity to your organization's needs and mission. We take the time to learn about your structure, goals, and membership, then apply that knowledge to make recommendations and solve problems in a manner which best fits your situation.

Organizational Structure. Our attorneys are skilled at assisting organizations in identifying the optimum business form -- unincorporated association, not for profit corporation, joint venture, or other creative approaches to unique situations. We can assist in preparing the appropriate tax and business registrations, and in ensuring that you comply with the rules and regulations of the local, state and federal governments. In addition, we can assist in drafting and implementing bylaws, resolutions, and operating agreements which will maximize protection for your members while assuring a flexible and workable organizational structure.

Taxation Compliance. Tax and regulatory compliance for an association is a potential minefield which invites the invalidation of your entire mission and qualification for seemingly minor infractions. Our attorneys can assist you in the initial 501(c) application process, as well as in ensuring ongoing compliance with the regulatory requirements of a not-for-profit organization. We can also ensure that the correct mechanisms are in place to record and report employment, personal property and other tax liabilities.

Lease & Contract Negotiation. Association executives need competent legal assistance in identifying and negotiating away potential risks and liabilities in all manner of contracts, from office leases to convention services to independent contractor. Let us guide your business decisions with years of solid legal experiences in exactly these situations.

Antitrust Compliance. For many trade groups, the advocacy of common interests outweighs the risk of compromised individual goals for certain projects. However, in competitive industries it is always essential that members stay clear of areas where the exchange of information might lead to violations of state and federal laws against restraint of trade. By monitoring group meetings and assisting in the identification of appropriate agendas and guidelines, our attorneys can lessen the risk of anticompetitive behavior and threats of enforcement.

Employment Issues. Any organization which has employees will have employee problems. We can help reduce the exposure to risk by assisting in the drafting and implementation of effective employment policies, and by working with your organization to solve potential problems before they become major issues. We can also help draft and negotiate executive compensation agreements in a way that will maximize the tax benefits and minimize the organizational risk and cost. See also, our Employment Law summary.

Amicus Curiae Briefs and Judicial Monitoring. Our attorneys include experienced appellate litigators who have a solid track record of presenting the positions of our clients in "Friend of the Court" briefs. Where appropriate, we can intervene in important litigation and assure that your membership is represented in cases which may have an ongoing class-wide impact. We can also monitor litigation of interest and concern to your membership and report periodically about new developments in the law, either through seminars or newsletter contributions.

James M Loots is a proud member of GWASAE: