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SBC Executive Committee officers address law firm concerns

  • April 14, 2022
  • Jennifer Davis Rash
  • Featured, Latest News, SBC, Sexual Abuse Investigation Archive
Bradley law firm representatives had reserved seating (not occupied in photo) on the second row for the Feb. 21–22 SBC Executive Committee meeting in Nashville.
(The Baptist Paper)

SBC Executive Committee officers address law firm concerns

As the Sexual Abuse Task Force finalizes its report in the coming weeks, the law firm representing the Southern Baptist Convention Executive Committee during the investigation will be wrapping up its service in the coming months, according to an announcement this afternoon (April 14).

The upcoming change in attorneys comes amid questions about the firm’s support of organizations and efforts in conflict with traditional Christian values.

The EC secured the services of the Bradley law firm, a national firm with a local office in Nashville where the EC is based, in a temporary capacity in late October. Three attorneys from the group were hired to assist with legal aspects related to Guidepost Solutions’ third-party review following the decision of longtime EC attorneys Jim Guenther and Jamie Jordan (from the firm Guenther, Jordan, and Price) to terminate their role with the EC earlier in October.

EC board members and officials explained in October that the recommendation for Bradley came from a then-EC staff member and the decision had to be made quickly.

In a statement officially released April 14, EC officers said, “The urgency of the effort to cooperate with the Sexual Abuse Task Force investigation was, and is, critical to the reputation of the SBC Executive Committee and in demonstrating its commitment to transparency during the investigation and to the convention at large.

“Bradley came highly recommended with expertise in critical areas being faced by the SBC Executive Committee,” the statement reads. “Since their engagement began, they have resolved potential litigation, ensured maximum cooperation with the Sexual Abuse Task Force’s investigation, demonstrated an understanding of our statement of faith and mission as well as our polity, earned the trust of Guidepost Solutions and the Committee on Cooperation, and tirelessly worked to protect and preserve the interests of the SBC Executive Committee.”

The EC anticipates paying at least $4 million in legal fees — which includes Bradley, Guenther and others — at the conclusion of the Guidepost investigation and task force report. 

The report will be released publicly in mid- to late May and a presentation with recommendations will be made to convention messengers attending the June 14–15 SBC Annual Meeting in Anaheim.

For the full background on the chain of events that led to the EC needing a new law firm, read The Baptist Paper coverage from September and October, such as articles here and here. A recap of all that happened between the September EC meeting and the February meeting can be found here. And learn more about the task force and the work being done here.

Background on law firm

Concern over the law firm’s support of the Nashville Pride festival and other LGBTQ-related groups surfaced publicly in late February through an article written by Don Hinkle of The Pathway in Missouri. He followed up in March with an editorial stating most Baptist news outlets were ignoring the issue.

The firm, which also reportedly supports the National Rifle Association and several faith-based organizations, had removed its online list of charitable contributions.

Several groups, including ministries and hospitals, were initially listed among those it supports in what the leaders describe as their way of giving back to the various communities they serve.

Founded in 1870 in Elyton, Alabama, before moving to Birmingham in 1871, Bradley is now a global operation with 10 offices located in Alabama, Florida, Mississippi, North Carolina, Tennessee, Texas and the District of Columbia, according to the firm’s website. Bradley (officially Bradley Arant Boult Cummings LLP) has nearly 600 lawyers on its payroll.

The EC officers said in their statement, “Federal law requires Bradley (and all other nonreligious employers) ‘to ensure that its employees work in an environment free from prejudice, harassment, discrimination, and that each employee is afforded the same opportunity for promotion and success.’ This federal mandate requires them to consider and employ individuals that may not typically be hired by Southern Baptist churches or entities.

“As a result, Bradley supports multiple diversity and inclusion efforts and internal affinity groups,” the statement reads. “Some of these efforts may be out of step with Southern Baptist convictions expressed in the Baptist Faith and Message 2000, but most churches and state conventions are faced with similar challenges when they engage in business with various secular companies.”

CP connection

Hinkle reported the firm also has been used by Lifeway Christian Resources in some capacity, but no specific details were included in his article.

Lifeway officials confirmed for The Baptist Paper that one attorney connected to the Bradley firm is working on one case at the moment and other attorneys from there have been used for temporary assignments through the years. However, using outside attorneys from a variety of firms in isolated situations is not uncommon for any company when a certain expertise or jurisdiction is needed, officials explained.

“Lifeway has a robust, in-house legal department that handles most of our legal needs,” Lifeway spokesperson Carol Pipes said. “But if we don’t have the expertise for a particular subject, then we search out an attorney in that area who can help.”

Lifeway does not receive Cooperative Program funds, while the EC is solely supported through CP and income gained from investments made with CP dollars.

The use of CP dollars to hire a law firm that supports causes in conflict with traditional Christian values is the concern, Hinkle pointed out. “There is genuine concern over how Cooperative Program money is being spent,” he wrote in the editorial.

Longtime attorney Guenther continues with ‘limited scope’

The EC used Guenther’s firm for more than 55 years in a billable-hours arrangement, the same structure used with the Bradley firm. The EC currently does not have in-house legal counsel but has had a position in the past.

The search for a new law firm will begin after the annual meeting, the April 14 statement noted. “The SBC Executive Committee requires sophisticated legal counsel to guide the SBC in our faithful response to the findings and recommendations from the Sexual Abuse Task Force’s investigation, and we are determined to secure such counsel.”

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