What happens when you ask a 14 year-old to give advice to a bunch of board members who can't get along? Well, sometimes your local teenager might just give you the BEST take on the situation.

I'm joined by a very special guest this episode: my kid, Max. We start with a crash course on what a nonprofit board is, why board members are volunteers, and what the typical officer titles really mean. Then Max puts on his guest expert hat and helps me untangle a board drama that's threatening to sink an entire organization.

Real Listener Questions:

Becoming a volunteer at my nonprofit requires a majority board vote, and becoming a full board member requires a unanimous vote. Now our president is trying to impose veto power so he can overturn our votes if he disagrees. Other board members and I think he's trying to become a dictator instead of a leader. How do I make him understand he doesn't own the nonprofit and doesn't get to call all the shots?

Max and I dig into what's really going on here, why veto power isn't how healthy boards work, and why the answer to almost every board conflict comes back to one thing: communication.

What You'll Learn:

• What a nonprofit board is and why members are unpaid volunteers
• Why volunteer status comes with legal liability protection
• What the president, treasurer, and secretary actually do
• How to handle board recruitment through policy instead of power plays
• Why community and togetherness are what keep an all-volunteer org alive

Bottom line: You can't hammer your will through a board with veto power and expect the organization to survive. Communication, being heard, and a real sense of community are what keep a nonprofit standing. And sometimes a teenager can see that more clearly than anyone.

Resources from this Episode

• Previous Episode: https://birkenlaw.com/charity-therapy-podcast/ct171-fundraising-myths-patrick-kirby
• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/09/CT_Ep172_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
• Follow us on Facebook, Instagram, Twitter

Fundraising doesn't have to be intimidating, jargon-filled, or a total drag.

I'm joined by Patrick Kirby, the nonprofit and fundraising consultant behind Do Good Better Consulting and a self-described human exclamation mark. Patrick brings so much energy and joy to fundraising that it's genuinely contagious. We tackle three listener questions, bust some persistent fundraising myths, and Patrick goes on a rant that you will not want to miss.

Real Listener Questions:

What do you do when your software is getting in the way of your marketing? How do you keep the faith when what you're trying just isn't working?

Patrick and I dig into what actually drives donations, why software is never the silver bullet, and why losing a program that made you almost no money might be the best thing that ever happened to your fundraising.

What You'll Learn:

• Why "this is the way we've always done it" kills good ideas before they start
• How to be purposeful with your calls to action instead of always asking for money
• Why a CRM helps but won't magically fix your fundraising for you
• How to keep your motivation up when donor outreach feels like a grind
• Why a thank-you voicemail counts as a real, meaningful touchpoint
• How to make your fundraising about the donor and the community you serve

Bottom line: You're doing more impact than you think. Let the old ways go, focus on great stories and real relationships, and remember that you're part of the solution to problems the government can't fix on its own.

Resources from this Episode

• Check out Do Good Better Consulting: https://www.dogoodbetterconsulting.com
• Previous Episode: https://birkenlaw.com/charity-therapy-podcast/ct170-fire-your-board/
• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/08/CT_Ep171_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/
• Patrick Kirby: https://www.linkedin.com/in/fundraisingdad/

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
• Follow us on Facebook, Instagram, Twitter

What if you could just... skip the whole "having a board of directors" part of running a nonprofit? Turns out, you're not the only one who've thought about it!

We all know every nonprofit pro has quietly wondered at some point whether they really need a board at all. This week's listener question puts that quiet part out loud, and we dig into what's really going on when a board goes off the rails.

Real Listener Question:

"I work for a small business league and our whole board is useless. They do nothing to help us but keep finding random projects for us to do. The directors all say they're too busy for their normal board duties. My ED and I are wondering if there's a way to get all the board members to just sign away their roles so we don't have to have a board at all. Can we do that?"

Meghan and I break down what a board is actually supposed to do, why some people join boards for reasons that have nothing to do with the mission, and why "let's just get rid of them" is a fantasy (even though the underlying frustration is very real).

What You'll Learn:

• What the core job of every nonprofit board actually is
• Why some boards drift into micromanaging staff and how it happens
• Why "signing away" board roles isn't a legal option (sorry!)
• What to do when board members treat staff like their personal assistants
• Why board and staff relationships are hard for every nonprofit
• When it's time to bring in outside training for your board

Bottom line: It's completely normal to be frustrated with your board. You're not alone. But the answer isn't getting rid of them. It's figuring out what your board is actually there to do and getting them back on track.

Resources from this Episode

• Previous Episode: https://birkenlaw.com/charity-therapy-podcast/ct169-nonprofit-retirement-christopher-tipper/
• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/08/CT_Ep170_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/
• Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
• Follow us on Facebook, Instagram, Twitter

A nonprofit was built to run like a co-op. Everyone's equal. There's no HR. Is that your dream, or a nightmare that feel suspiciously like high school?

I'm joined by Dr. Pablo Otaola, CEO of Thriving Culture LLC, to tackle a listener question about this exact scenario. An executive director walked into an organization built on flat structure ideals, but instead of a utopia they found bullying, cliques, and power plays..

Real Listener Question:

"I'm an ED for a nonprofit with a flat structure. We supposed to run like a co-op, where everyone but the board and ED shares the same title. The goal was to create a fair and equitable environment, but in practice it's like high school. Bullying, power plays, cliques trying to control the group with zero accountability. How do I change the organization?"

Pablo and I break down the problems we've seen with flat organizational structures, what actually creates a thriving culture, and how a nonprofit leader can start changing the DNA of an org that's been stuck for years.

What You'll Learn:

• The building blocks of a healthy organizational culture
• Why flat structures look SO good on paper but may fall flat (pun intended!) in real life
• Why "no HR" is a legal red flag no matter how good your intentions are
• How a leader's personality can get embedded into org culture
• What it really takes to change a culture that's been encoded for years
• When to stop reading blogs and get outside help from someone who's done this before

Bottom line: You don't hire the surgeon not to cut you. If your culture is broken, it's okay to ask for help. Change is uncomfortable, but it's the only way forward!

Resources from this Episode

• Learn more about Pablo's work at Thriving Culture LLC: https://www.thrivingculturellc.com/
• Previous Episode: https://birkenlaw.com/charity-therapy-podcast/ct167-directors-officers-insurance-cody-wiswasser/
• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/07/CT168_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/
• Dr. Pablo Otaola: https://www.linkedin.com/in/pablootaola/

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
• Follow us on Facebook, Instagram, Twitter

You're sitting on a nonprofit board. You haven't done anything wrong. Could someone really sue you personally over it? The unfortunate answer is YES, and the costs can pile up fast.

I'm joined by Cody Wiswasser, an insurance professional at Community Partners Insurance Group, to tackle a question from a small animal rescue trying to decide whether directors and officers insurance is actually worth the cost. The short answer is yes, but Cody walks me through why that is, and what most nonprofit boards don't realize about their exposure.

Real Listener Question:

"We recently learned about directors and officers insurance but I'm not sure if it's really necessary. I'm worried the cost will be prohibitive for her. I don't want some litigious person to come after me for something stupid, but we work in a small community where everyone knows everyone. Is this really worth it?"

Cody and I break down what D&O insurance actually covers, why most claims aren't what you'd expect, and why every nonprofit needs this coverage no matter how small.

What You'll Learn:

• The two insurance policies every nonprofit needs at a minimum
• Why most D&O claims come from interpersonal disputes
• What a "prominent person lawsuit" is and why it matters for wealthier board members
• Why even frivolous lawsuits can cost $10,000+ to make them go away
• The difference between A-side, B-side, and C-side D&O coverage
• Why talking to an insurance broker should happen when you start, not years later

Bottom line: No one is going to wave their fairy dust over your nonprofit just because you're doing good work. Plan for risk like you mean it and protect your board before something goes wrong.

Resources from this Episode

• Learn more Community Partners Insurance Group at https://communitypartnersins.com
• Previous Episode: https://birkenlaw.com/charity-therapy-podcast/ct166-strategic-planning-perry-monastero/
• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/05/CT167_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/
• Cody Wiswasser – reach out at: cody.wiswasser@cpiginsurance.com

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
• Follow us on Facebook, Instagram, Twitter

So you've submitted your IRS application and you're anxiously awaiting the letter in the mail with their response. But what if it just… never comes??

Meghan and I tackle a listener question from a new nonprofit that did everything right – they got their tax-exempt status (yay!) but still can't find the actual letter. What do you do?

Real Listener Question:

"My org got approved as a 501(c)(3) according to the IRS bulk list for my state. But I never actually received the determination letter and it's not on the website. Is this common? I know that many grants ask for the actual letter, so I'm not sure what to do."

Meghan and I break down what a determination letter is, why it might not have arrived yet, and what to do if you need a replacement (for any reason).

What You'll Learn:

• What a determination letter is and why it matters for your nonprofit
• Why your letter might not have arrived even though your status is real
• How to use the IRS Tax Exempt Organization Search and what it actually shows
• When to wait it out vs when to request a replacement letter
• How to request a replacement determination letter from the IRS for free

Bottom line: The IRS moves SLOWLY sometimes. You can request a new determination letter anytime, but remember that every new request is another filing that will take time to complete. Take a deep breath and be ready to wait.

Resources from this Episode

• IRS Tax Exempt Organization Search tool: https://apps.irs.gov/app/eos/
• Request a replacement determination letter from the IRS: https://www.irs.gov/pub/irs-pdf/f4506b.pdf
• Learn about the leadership fiasco at the IRS: https://birkenlaw.com/charity-therapy-podcast/ct139
• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/04/CT165_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/
• Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
• Follow us on Facebook, Instagram, Twitter