News of a contentious dispute surfaced this week from Two Rivers Baptist Church in Nashville, Tenn., where several dozen members filed a lawsuit seeking to remove Pastor Jerry Sutton.

As a former first vice president of the Southern Baptist Convention, a 2006 candidate for the SBC presidency and the longtime pastor of one of Nashville's largest megachurches, Sutton's case has attracted notice well beyond the Music City.

Lamenting the times

Those familiar with Paul's warning to avoid lawsuits (1 Corinthians 6:4-7) will sigh and lament another sign of the times that harms the Church's witness. As the apostle concluded in this passage, "The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated?"

Because of those words, many Christians have retained a healthy disdain for the legal system, particularly when it comes to civil matters.

While I applaud those who refuse to resort to lawsuits to settle disagreements within the Church, wise pastors and church leaders will retain a keen awareness of the law.

Refusing to acknowledge basic legal requirements regarding safety, screening of employees and volunteers, handling of finances and other administrative duties can easily wind up in a church being dragged into court, like it or not.

Safeguards

For years now, Christian attorneys have been warning that the days when churches enjoyed immunity from lawsuits is over.

According to legal expert Richard Hammar, who writes extensively on church and legal matters, people can sue a church for improperly supervising staff and activities, retaining a staff member after finding that person may harm others, or failing to report child abuse.

Hammar also recommends never allowing male counselors to counsel a female without another person or staff present, and having women counsel women if possible. He says congregations must also obtain insurance against claims not covered under their liability policy.

Basic legal matters

Texas attorney Sheila Korb warns that a church is not insulated from legal hassles, whether it chooses to incorporate or not. Nor is incorporating a safeguard from future problems: she says unless churches review their articles of incorporation periodically, they may not realize the period of duration has expired.

Korb says many churches fail to grasp that, whether the congregation chooses to incorporate or not, bylaws are required. She says these guidelines must clarify a variety of procedures, such as what constitutes a quorum, procedures for calling staff and members' voting rights.

In addition, a church may open staff and volunteers to lawsuits if it fails to meet requirements of the Charitable Immunity and Liability Act of 1987. To meet its provisions, a church must meet certain organizational and operational tests, according to lawyer Butch Korb.

Among protections offered under the law are immunity for Sunday school teachers acting in good faith and within the scope of their duties, limited liability for employees, and limited liability for churches with adequate liability insurance.

Don't neglect love

Among other common-sense steps attorneys say churches can take are adopting a safety policy, removing potential physical hazards from their property and performing regular maintenance to avoid problems.

Of course, the most important step may be biblical instruction about love and reconciliation. And prayer. Start by praying that the days of church members filing lawsuits against each other will soon come to end.