Should I File A Catholic Church Sex Abuse Lawsuit?

Dec 12, 2021 -

In a recent article titled "How To File A Catholic Church Sex Abuse Lawsuit, " the author wrote, "You don't need a large sum of money to pursue justice and hold a priest accountable for his crimes. " This article was interesting and thought provoking; however, I have never understood why the author felt it necessary to advise you that you could not "get" your compensation.

Let's assume for the moment you obtain a funding advance or some other type of private funding in order to pursue a case against the Church. The Church is allowed to defend itself in court by arguing to the jury, "I wasn't really supposed to be doing this, but this is what our religious superiors told me to do. " The U. S. Catholic Church has been guilty of such self defense tactics in the past. Yet, the victim has already had his day in court and should be entitled to at least part of the compensation that he is seeking. The Church is not a bank; therefore, if the Church was to fail, it would be bankrupt and unable to pay.

Funding is not needed in order to file a lawsuit, but is necessary in order to have the resources to continue the case. The Church is allowed to use funds it receives as its defense. It can also use its money to pay for legal fees, so long as those funds are used to protect the Church from any future legal action. If those funds are used to pay for unrelated expenses such as travel, entertainment, personal hygiene products, and other expenditures, then the Church may not have the funds available to protect itself in a court of law.

The author does recommend obtaining a lawyer, preferably someone who has been practicing law in California, in order to file a lawsuit. However, the attorney will also be required to retain an accounting firm to handle all financial aspects of the case, including all accounting for all funds received from the Church and for any funds spent on litigation and all accounts receivable from the case. Again, the accounting firm must be very knowledgeable about California tax laws and be aware of any potential restrictions on tax-free fundraising.

In the case of the California law firm, I would advise seeking out a person who focuses primarily on litigation involving the Church, such as someone who practices in San Diego or Orange County. The law firm should be familiar with the California Rules of Professional Conduct. As well, the attorney should be familiar with the "San Diego Church Lawyer" designation and be willing to meet with you in person or online to discuss the case in detail.

This article appeared in the New Millennium Edition of "The Newsletter of the Southern California Conference of The United Methodist Church, " where it is called, "The New Millennium - What You Need to Know About Your Church. " For more information, please visit the author's website listed below. If you want to get a copy of the current issue, please contact me right now.

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