We had two lawyers, who were also moms of kids at the school, help with re-writing our by-laws when we went for our 501c3 status. One of them also got started on the 501c3 application (Form 1023), but I finished it up, and I'm not a lawyer. The Start-up Toolkit from PTO Today was a good help there. So, lawyers can help, but they're not absolutely necessary.
Yes, we used a lawyer. But mostly because I happen to be married to a corporate lawyer. Most don't have that "in house counsel" advantage.
I don't think you really need one, but yes, pro bono help is certainly allowed. And if there's a parent at the school who is a lawyer, he/she may be able to help, IF they are the right kind of lawyer. If you're going to get one, you need someone who knows corporate/contract law. A litigator or a divorce attorney probably isn't going to be much help. A neighboring school just had a health care lawyer work on their documents, and that person managed to drag out the process for months longer than they should have. Another school had a trial lawyer look at their bylaws, and I think the parents were ready to sue him at the end of the process for making everything so complicated.
Plenty of groups don't use lawyers. Your best bet is to spend the ~$40 on the PTOToday Start Up Toolkit and use that. It has a sample Articles of Incorporation, Form 1023, etc. Takes you through everything step by step, and worth its weight in gold.
I just joined the PTO at my daughter's school. After presenting some research I have done on becoming incorporated and tax exempt, they decided we will incorporate and apply for 501 (c) (3) status. We plan on raising a large sum of money for a playground and feel this is an essential part of that plan.
Several members feel that we should not do this without a lawyer working with us.
Has anyone worked with a lawyer to incorporate and apply for 501 (c) (3) status? Has anyone found a lawyer who will do it pro bono? Is that allowed? The PTO is hoping we have a parent in the school who is a lawyer that might be willing to help.
The group itself will still have to create the Articles of Incorporation and bylaws, correct?
This seems like a huge undertaking. The PTO has been running for many years, but does not have any formal rules or regulations written down. They seem to work well, just neeed to formalize their traditions.
