Private Foundation Attorney Chicago

Counsel For Private & Family Foundations

Private and family foundations carry significant responsibility. Trustees and board members must balance donor intent, family dynamics, regulatory requirements, and public expectations, often while managing complex assets and grantmaking activity. When questions arise, you need guidance that understands both the legal framework and the reality of operating a foundation connected to Chicago.

At Airdo Werwas LLC, we provide legal counsel to organizations, including nonprofits and local governments, across a broad range of civil matters. Our attorneys have nearly 160 years of combined practice experience, and we direct that experience to helping institutional clients manage risk and make informed decisions. For foundations, this means access to a team that is comfortable in the boardroom and, when necessary, in the courtroom.

We exclusively represent commercial clients, which includes private foundations, family-controlled entities, and other charitable organizations. This focus keeps our attention on the issues that matter to boards and executives. Whether your foundation is based in the city or has significant activity here, we work to align legal strategies with your mission and governance structure.

Legal Issues Facing Chicago Private Foundations

Operating a private foundation in a major metropolitan area introduces layers of complexity. Boards must consider the tax rules that apply to private foundations, state law duties imposed on directors and officers, and the reputational impact of each decision. When a foundation owns or manages property, operates programs, or funds projects in Chicago, those decisions can intersect with contract, real estate, employment, and insurance issues.

We frequently see questions around governance structures, conflicts of interest, and the documentation of board decisions. Foundations may be unsure how to handle transactions that involve insiders, recurring grants to aligned organizations, or changes in leadership. Our civil practice, which includes business law, employment disputes, insurance coverage, and real estate transactions, provides a framework for addressing these questions in a coordinated way.

Local foundations often interact with large nonprofit institutions, universities, cultural organizations, and healthcare systems. Grants or program-related investments tied to these institutions can raise questions around risk allocation, reporting expectations, and long-term commitments. Our attorneys assist organizational clients in evaluating these issues so that boards can weigh opportunities against obligations with a clear understanding of potential consequences.

When a matter becomes contested, disputes may proceed in the Circuit Court of Cook County or another Illinois court, depending on the circumstances. Litigation risk can arise from contracts, employment relationships, property issues, or third-party claims. Our firm handles civil litigation for organizational clients, and we work to integrate litigation strategy with broader governance and communication considerations that are important to foundations.

How We Work With Your Foundation

Board members and executives typically want to know what it looks like to work with legal counsel. Our approach begins with listening. During an initial conversation, we aim to understand your foundation’s structure, history, and current questions. We then help you identify the legal issues involved and the options available, in terms that are accessible to both lawyers and non-lawyers on your board.

We provide guidance in the boardroom by helping trustees and officers evaluate decisions within their fiduciary roles. This can involve reviewing proposed transactions, discussing policies, or assisting with documentation of key decisions. Our attorneys are accustomed to working with family members, independent directors, and senior staff, and we strive to respect internal roles and communication patterns while giving clear, candid advice.

When a dispute or potential claim arises, our role can expand to include negotiation and, if needed, litigation. Because we represent organizational clients in civil litigation, we can assist when a foundation faces a contract claim, employment allegation, or other civil matter. Our goal is to coordinate legal strategy with public messaging and stakeholder communications so that boards can respond thoughtfully rather than reactively.

We also understand that foundations often work with accountants, investment advisors, consultants, and in-house professionals. Our attorneys routinely coordinate with other advisors, subject to the board’s direction, so that tax, investment, and legal considerations are evaluated together. This collaborative approach helps leadership teams receive consistent guidance rather than fragmented input.

Why Foundations Choose Our Chicago Firm

Foundations choose legal counsel based on more than technical knowledge. They look for judgment, reliability, and an understanding of institutional decision making. Our nearly 160 years of combined experience, spread across a team of 10 attorneys, provides a depth of perspective that boards can draw on when evaluating difficult questions. We have seen how issues arise across different kinds of organizations, and we use that experience to help clients anticipate risk.

Because we exclusively represent organizations, our attention is centered on the types of challenges foundations face, rather than individual matters. We work with nonprofit institutions and local governments, which gives us insight into the environments in which many foundations operate. This focus supports our ability to talk with trustees and executives about governance, regulatory concerns, and operational needs using concepts that resonate with institutional leaders.

Our presence in Harwood Heights places us near the heart of the region’s business and nonprofit community. Many matters involving foundations touch this market, whether through local properties, grantees, or partnerships, even when the foundation’s work extends across the country. We serve clients nationwide and are members of bar associations across the country, which supports our ability to address issues that cross state lines while remaining grounded in this region.

Attorneys at our firm hold leadership positions in state, national, and international legal organizations. These roles reflect our engagement with developments in the law and with broader conversations about governance and risk management. For foundations, this involvement supports a level of awareness that can be useful when considering how legal trends might affect long-term strategies.

Frequently Asked Questions

When should our private foundation contact legal counsel?

Your foundation should consider contacting legal counsel whenever a decision could significantly affect assets, governance, or reputation. This often includes unusual transactions, internal disagreements, or communications from regulators. Early conversations can help boards identify issues and evaluate options before positions become difficult to change.

Do you work with family foundations and their boards?

Yes, we represent family foundations and their governing bodies. Our attorneys work with both family members and independent trustees, and we are attentive to the relationships that shape decision making. We aim to provide clear, candid advice that supports the foundation’s mission and respects the roles of all involved.

How will your attorneys work with our existing advisors?

We typically coordinate with accountants, investment advisors, consultants, and internal staff at the board’s direction. Our goal is to help integrate tax, financial, and legal considerations so leadership receives consistent guidance. We strive to communicate clearly with other professionals while maintaining the confidentiality and priorities of your foundation.

Can you assist if our foundation operates outside Illinois?

We assist organizational clients that have activities across the United States. Our attorneys are members of multiple bar associations, and we evaluate multi-jurisdiction issues with care. When matters involve other states, we consider applicable laws and, when appropriate, coordinate with local counsel so that the foundation’s interests are protected.

How do you help boards navigate sensitive decisions?

We help boards by clarifying the legal considerations, outlining potential outcomes, and discussing how choices align with fiduciary duties. Our attorneys draw on experience in negotiation and litigation for organizational clients. This allows us to describe risks in practical terms so boards can deliberate with a clearer understanding of implications.

Speak With Our Foundation Counsel

If your private or family foundation is facing a challenging decision, a developing dispute, or questions about governance, it can be useful to discuss the situation with counsel that focuses on organizational clients. We work with foundations connected to Chicago and with entities whose work extends across the country.

Our attorneys combine broad civil practice experience with an understanding of how boards and executives operate. We aim to provide practical, informed guidance that helps protect your foundation’s mission, assets, and reputation. 

To talk with our team about your foundation’s needs, contact Airdo Werwas LLC. Call (312) 506-4450 to speak with our team.