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What is a minister's worst nightmare? How about a large group of lawyers gathered to discuss the best way to sue clergy and churches? In 1992 the American Bar Association hosted just such a seminar, and similar ones have been held regionally across the country since then. What is disturbing about these meetings is not their intention of bringing those clergy or churches that act illegally to justice—wrongdoers should be held responsible—but their emphasis oftentimes on how to land large settlement amounts. A Christian lawyer who attended one such meeting described it as "blood being poured into shark-infested waters." In the last decade, the number of lawsuits filed against ministers and churches has increased precipitously, shattering the old (if incorrect) concept of "sacred immunity" that many churches have operated under. In response, books and seminars have emerged to educate ministers, lay workers, and attorneys on how to defend against these lawsuits. Many divinity schools and seminaries have also instituted courses on "ministry and law" as part of their curricula or as part of their continuing ministerial education. Despite these efforts, though, it seems clear that, guilty or not, ministers and their churches have become large and desirable targets for many plaintiffs' attorneys and their clients. Clergy, churches, and religious organizations in America appear to be on the defensive.

Given the new litigious environment, churches need to—and can—take concrete steps to lessen the likelihood of their being taken to court. (Even frivolous cases that can easily be defended in court will sap a church's budget.)

When it comes to ministry, all lawsuits are not created equal. There are what I call the "seven deadly lawsuits" that are particularly damaging to churches because they involve claims of moral as well as legal wrongdoing: fraud, defamation, child abuse, sexual misconduct, clergy malpractice, invasion of privacy, and undue influence.

Here are three stories that demonstrate the very real legal threats churches face today—and suggestions for how such legal dilemmas might be avoided.

Invasion of privacy
In recent years the legal claim of invasion of privacy has gained considerable notoriety. There are four kinds of invasion of privacy claims: (1) intruding upon another's affairs or seclusion, (2) public disclosure of private facts, (3) publicly portraying another in a false light, and (4) wrongful use of another's name or picture. Seemingly innocent actions or words sometimes ensnare even the most cautious Christian workers in invasion-of-privacy lawsuits. Consider this case involving "the public disclosure of private facts":

In his column in the church's monthly newsletter, Pastor Edwards (the names in this case have been changed) wrote the following:

I was personally deeply blessed this last week after speaking with one of our newest members about his experience in coming to know Christ. He admits to a long history of drug abuse and sexual promiscuity prior to coming to the Lord and becoming involved here at First Church. While he regrets many personal decisions that he now believes were foolish and destructive, he also now sees God's constant direction in his life, even during his wayward years. We rejoice that he is now with us here at First Church and that he and others like him are willing to share their wisdom and faith with us as well as their personal trials and failures during years without the Lord.

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January 6 1997, Vol. 41, No. 1