Charity Therapy

Jess Birken, MNM, JD
  • 5.0 (19)
  • NON-PROFIT
  • UPDATED SEMIMONTHLY

What if you could hang out with experienced nonprofit professionals and ask them your burning questions about the day-to-day life of nonprofits? What if you could take their wisdom and bring it back to your organization, for free? That's what we do on Charity Therapy. Hosted by Jess Birken - owner and lawyer at Birken Law Office. Every episode is an in-depth look at how to run a nonprofit, from fundraising to IRS woes to people problems and more! Our goal is to empower nonprofits to achieve your mission by doing things right.

  1. 12H AGO

    Is Your Ringer On? | How Nonprofits Can Find and Hire a Good Lawyer

    Finding a lawyer should not feel harder than solving the legal problem itself. And yet, here we are. In this episode, Meghan and I talk about something that comes up constantly in my nonprofit law practice: how nonprofit leaders and boards actually find a good lawyer and how to tell whether someone is the right fit. Real Listener Question: "I am a board member tasked with finding my small nonprofit a lawyer. I am trying to collect five options for the board to review and have the board interview each lawyer. I've prepared an RFP to get information from as many firms as possible. Is there anything else I'm supposed to do to make sure we did a fair search?" We dig into why hiring a lawyer is not the same as hiring other vendors and why an RFP is often the wrong tool for the job. We talk about common misconceptions nonprofits have about fairness, pricing, and process, and why trying to copy large institutions can backfire for smaller organizations. This conversation also pulls back the curtain on how lawyers actually work, what red flags to watch for, and how to avoid overcomplicating a decision that already feels overwhelming. What You'll Learn: How nonprofits typically find lawyers Why RFPs usually do not work for legal services What legal expertise actually looks like How pricing structures should be discussed Warning signs early in the relationship Why "cheapest" is not always best How to trust your gut while doing due diligence Bottom line: Hiring a lawyer does not require a perfect process. It requires clarity, trust, and a focus on finding someone who understands your nonprofit and can actually help you. Resources from this Episode Previous Episode: How Classy May Be Hurting Your Donor Relationships: https://birkenlaw.com/charity-therapy-podcast/ct157-classy-donor-acknowledgement/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/01/CT158_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

    24 min

  2. FEB 5

    Old Woman Shakes Fist at Sky | How Classy May Be Hurting Your Donor Relationships

    Nonprofit newsflash - your donation platform might be quietly annoying your biggest donors 😬 In this episode, Meghan and I dig into some nonprofit LinkedIn drama sparked by a post from the one and only Eve Borenstein. Here's the situation: You gave a big donation, and you received an auto-generated donation receipt from the org's donation platform. The problem?  The gift acknowledgement letter and receipt are WRONG.   We break down why donor acknowledgement letters matter so much, what the IRS actually requires in those receipts for gifts over $250, and how automated systems can unintentionally damage donor trust. We also talk about the growing trend of for profit software companies promising to "handle everything" for nonprofits while missing critical compliance details. If you rely on online donation platforms, this conversation will likely make you rethink what you are outsourcing and what still needs human attention. What You'll Learn: What SHOULD be in your donor acknowledgement letters How bad receipts can create donor frustration Where donation platforms and tech solutions for nonprofits can fall short How automation can quietly hurt your donor retention Bottom line: Donor relationships are built on trust and gratitude. When your systems create friction instead of appreciation, even unintentionally, it can cost you future support and credibility. Resources from this Episode Listen to our past episode with Eve Borenstein here: https://birkenlaw.com/charity-therapy-podcast/ct104/ Read Eve Borenstein's LinkedIn post about Classy here: https://www.linkedin.com/posts/taxexemptlaw_so-annual-gripe-continues-last-week-activity-7412874086961541120-7bsN?utm_source=share&utm_medium=member_desktop&rcm=ACoAAAEjProBQJRvgNexcp-oDkRTlIoUrU5fW7Q Listen to our last episode with Ephraim about GoFundMe here: https://birkenlaw.com/charity-therapy-podcast/ct150/ Generate a good Gift Acknowledgement Letter here: https://birkenlaw.com/mg-document-app/gift-acknowledgment-letter/ Previous Episode: Can Nonprofits Give Tax-Free Money to People?: https://birkenlaw.com/charity-therapy-podcast/156-nonprofit-give-money/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/01/CT157_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

    21 min

  3. JAN 22

    Captain Depressio Reporting for Duty | Can Nonprofits Give Tax-Free Money to People?

    Nonprofits are tax-exempt, so lots of people assume that nonprofits don't have to worry about taxes ever. Right???? Well, not quite 😐 In this episode, Meghan and I dig into a question I hear all the time from people who want to help their communities but are confused about how nonprofit tax rules actually work. Real Listener Question: "I own a couple of restaurants and we have several events to raise money for certain causes. Usually the money goes toward a charity or a local group, but sometimes we'll do it for a community member who needs financial support. The problem we're seeing is that when we give money to an individual, it messes up their taxes for the year. My bookkeeper suggested starting a nonprofit since nonprofit money isn't taxed. What kind of nonprofit would do that for us?" Quick answer – nonprofit tax exemption does NOT mean that everyone can ignore taxes for any money coming from a nonprofit. Sorry to be the bearer of bad news! In this episode, we unpack what tax exempt status really means (and what it absolutely does not mean). We talk about why starting a nonprofit does not magically make money tax free, how the IRS views giving cash to individuals, and where well-intentioned advice can lead to trouble for nonprofits AND their constituents. What You'll Learn: What tax deductible actually means for donors Why nonprofits cannot fundraise for specific individuals How giving money to people is treated for tax purposes Why starting a nonprofit doesn't prevent you from all taxes What private benefit and step transactions are Why sometimes the best answer is simply to pay the tax Bottom line: Nonprofits aren't a magic bullet to absolve you of all tax complications. Usually, starting a nonprofit doesn't make your charitable activities easier – in fact, sometimes it's best just to continue on with the good deeds you already do. Resources from this Episode Previous Episode: What to do when a donor gifts harms more than helps: https://birkenlaw.com/charity-therapy-podcast/155-donor-gifts/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/01/CT156_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

    16 min

  4. JAN 8

    Baby Don't Hurt Me | What To Do When a Donor Gift Harms More Than Helps

    You're getting donations for a nonprofit – and that's great! But sometimes generosity comes with strings you never expected. In this episode, Meghan and I dig into the wild world of donor gifts and why nonprofits need clear guardrails to protect themselves from gifts that actually hurt the nonprofit. Real Listener Question: "We have a donation button on our website where people can give online and set up recurring donations for monthly contributions. A few weeks ago, someone set up a daily 50 cent donation. Our accountant looked into it and is saying that it's not fraud or anything like that, but it just seems really silly. Our payment processor takes $0.30 out per transaction plus a merchant fee, so we're getting next to nothing on these donations. What do I do?" This tiny daily gift opens the door to a much bigger conversation about gift acceptance policies and the hidden costs of donations. Meghan and I talk through the drawbacks, the admin time, the donor relationship dynamics, and the surprising ways well-intentioned gifts can actually drain your resources. We also break down how to set minimums, how to talk to donors with compassion, and how to avoid getting stuck with gifts that cost more than they give back. What You'll Learn: Why every nonprofit needs a gift acceptance policy How to know when a gift creates more harm than helps The hidden administrative costs behind every single donation Ways to set smart donation minimums How to redirect donors without damaging the relationship Why saying no is actually part of stewardship How to prepare for unusual gifts before they show up Bottom line: Not every gift is a positive thing for a nonprofit. Sometimes you need to say no and guiding donors toward giving that truly supports your mission. Resources from this Episode Generate a Gift Acceptance Policy here: https://birkenlaw.com/mg-document-app/gift-acceptance-policy/ For the others who aren't Gen-Xers, Night at the Roxbury: https://youtu.be/HwVh8pmOot4?si=2v3D5MAKXDFGteT_ Previous Episode: What is a Nonprofit Audit with Hannah Hugen: https://birkenlaw.com/charity-therapy-podcast/ct154-nonprofit-audit-hannah-hugen/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/12/CT155_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

    17 min

  5. 12/24/2025

    154: It's Gravy, Baby! | What is a Nonprofit Audit? with Hannah Hugen

    Think an audit is something to fear for your nonprofit? I get it! But what if it's actually a powerful tool for growth? In this episode, I sit down with nonprofit auditor Hannah Hugen from Abdo to unpack what an audit really is and why it's not nearly as scary as it sounds. Real Listener Question: "We filed the 1023-EZ and said we'd stay under $50K… but now a funding opportunity would push us past that. Will the IRS audit us? Should we say no to the money?" Hannah and I dig into what an audit actually involves, what the IRS does (and doesn't) care about, and how nonprofits can prepare for growth without panicking. We also talk through the "scary myths" that float around new organizations and the real steps you can take now to avoid future chaos. If you've ever wondered what auditors look for, how to document properly, or what GAAP even means, this conversation breaks it down in plain English. What You'll Learn: What a nonprofit audit actually is When the IRS might look at your organization and why it's not as dramatic as rumors imply How to show good-faith financial projections from your 1023-EZ Why documentation habits will save your future self The difference between cash and accrual accounting Practical steps to get audit-ready even if you're small Bottom line: You don't need to fear audits — you just need systems, clarity, and good habits. Your nonprofit deserves room to grow, and the right preparation makes that growth possible without being overwhelmed. Resources from this Episode Understanding Cash vs. Accrual Accounting: https://youtu.be/5tSI1IPBVWk Internal Controls 101: https://birkenlaw.com/blog/internal-controls-101/ Connect with Hannah on LinkedIn: https://www.linkedin.com/in/hannah-hugen-b0045a1b5/ Learn about Abdo: https://abdosolutions.com/ Previous Episode: How to Fix the Culture of Overwork at Your Nonprofit with Rachel Platt https://birkenlaw.com/charity-therapy-podcast/ct153/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/12/CT154HH_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-st Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/   Follow us on Facebory  ook, Instagram, Twitter

    18 min

  6. 12/11/2025

    It's a Triple Whammy | How to Fix the Culture of Overwork at Your Nonprofit with Rachel Platt

    If your team is exhausted, overwhelmed, and constantly working nights and weekends, you might be dealing with more than a scheduling issue. You might be dealing with a culture problem that is hurting your mission. In this episode, I invited my friend and people strategy expert Rachel Platt of Plattinum Consulting to talk with me about the hidden issues inside nonprofit overwork and what it really takes to build a sustainable organizational culture. Real Listener Question: I'm a new staff member, and everyone at this nonprofit works tons of overtime without being paid (as hourly employees). The ED works all the time, and the team is drowning under an unspoken expectation to always be on. How do we fix it?? In this conversation, Rachel and I dig into what overwork actually signals inside a nonprofit, why compliance and culture go hand in hand, and how leaders can unintentionally create burnout without ever meaning to. We also talk about the uncomfortable truth that many nonprofits have normalized unhealthy habits in the name of "the mission," and why that approach backfires every time. We share practical ways to reset expectations, open the right conversations, and rebuild trust without blame. You might hear some things that feel familiar, because almost everyone in the sector has lived some version of this. What You'll Learn: The first steps to take when your team is chronically overworking How leadership habits shape culture more than policies Why "mission passion" cannot replace fair compensation or boundaries What you can and cannot ask hourly staff to do Simple tools that help reset norms around urgency and availability How to start culture change when you're the new person on the team Why clarity, consistency, and modeling healthy behavior matter Bottom line: Your people are how your mission gets done. If they are burning out, you are losing capacity, trust, and impact. A healthier culture is possible, but it starts with honest conversations and leadership modeling the behavior they want to see. Resources from this Episode Learn more about Platinum Consulting: https://www.plattinumconsulting.com/ Reach out to Rachel Platt here: rplatt@plattinumconsulting.com Previous Episode: When an Entrepreneur has a "Really Good" Nonprofit Idea https://birkenlaw.com/charity-therapy-podcast/ct152/   Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/10/CT153_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Rachel Platt: https://www.linkedin.com/in/rachelplatt/ 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

    24 min

  7. 11/27/2025

    That's Called Tax Fraud! | When an Entrepreneur has a "Really Good" Nonprofit Idea

    You've got a great business idea, people want to donate to help, and you're thinking… "What if I just start a nonprofit?" Hold up — let's talk about it. In this episode, Meghan and I tackle one of the most common (and most frustrating) misconceptions out there — when entrepreneurs try to mix business ventures with nonprofit structures. Real Listener Question: "I'm coaching a small business owner who wants to restore a historic hotel, turn it into an Airbnb, and start a nonprofit to collect donations for the renovation. He says it's a win-win — is that legal?" This one had me fired up. We get into why turning your business dream into a "nonprofit project" is usually a fast track to tax fraud, how to tell when an idea crosses the line, and what to do instead. From historic preservation loopholes to optics in small towns, we unpack all the ways good intentions can turn into bad legal problems. If you've ever thought about forming a nonprofit to fund your own idea — listen to this first. What You'll Learn: Why the IRS cares about your "exempt purpose" more than your passion project How "good ideas" can become tax fraud with one wrong move What happens when your nonprofit owns your business asset Why perception matters just as much as legality Smarter, legal alternatives like crowdfunding and business partnerships How to know when a project is charitable — and when it's just creative entrepreneurship Bottom line: Not every good idea is a nonprofit idea. If your goal is to make money, serve customers, or grow your business, that's awesome — it just means you need a for-profit model, not a charitable one. Learn more about IRS exempt purposes: https://www.irs.gov/charities-non-profits/charitable-organizations/exempt-purposes-internal-revenue-code-section-501c3 Previous Episode: Can You Convert a Failing Business Into a Nonprofit? https://birkenlaw.com/charity-therapy-podcast/ct149/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/10/CT152_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

    20 min

  8. 11/13/2025

    Give Mark Your Crap! | When a PEO is a Good Fit for Your HR Needs with Mark Bromberg

    Nonprofit HR can be messy — but it doesn't have to be. Let's talk about when it's time to call in reinforcements (and what "reinforcements" actually look like). I sat down with Mark Bromberg, a Business Performance Advisor at Insperity and one of my favorite people to send clients to when HR headaches start taking over. We dug into what PEOs (Professional Employer Organizations) really do — and when they make sense for nonprofits. Real Listener Question: "Our professional association has seven employees. We're losing our CEO soon, and our board wants to consider alternatives. When does it make sense to have a PEO instead of a CEO or in-house HR support?" This is one of those big-picture nonprofit management questions that hits close to home for a lot of leaders. In this episode, Mark and I unpack what a PEO actually is (spoiler: not just payroll!), what a true co-employment model looks like, and why choosing the right PEO is more than a price comparison — it's a relationship. We also talk about how post-pandemic remote work complicates HR, why private equity moving into the PEO space should give nonprofits pause, and what "due diligence" really means before signing a PEO contract. What You'll Learn: What a PEO is — and what it isn't When outsourcing HR actually helps your nonprofit How remote teams across multiple states complicate compliance Why private equity's growing interest in PEOs matters What to ask before choosing a PEO (hint: "Who owns you?" is fair game) Why HR pros and PEOs can actually be a dream team How to make sure your PEO relationship is an ethical, cultural fit Bottom line: Nonprofits don't exist to manage payroll, benefits, or compliance — you exist to change the world. The right PEO can help you do that, but only if you choose wisely and partner with someone who truly understands your mission. Resources from this Episode Learn about Insperity: https://www.insperity.com/ Connect with Mark on LinkedIn: https://www.linkedin.com/in/markbromberg/ Previous Episode: GoFundMe Creates 1.4M Nonprofit Donation Pages Without Consent with Ephraim Gopin https://birkenlaw.com/charity-therapy-podcast/ct150/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/11/CT151_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

    25 min
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About

What if you could hang out with experienced nonprofit professionals and ask them your burning questions about the day-to-day life of nonprofits? What if you could take their wisdom and bring it back to your organization, for free? That's what we do on Charity Therapy. Hosted by Jess Birken - owner and lawyer at Birken Law Office. Every episode is an in-depth look at how to run a nonprofit, from fundraising to IRS woes to people problems and more! Our goal is to empower nonprofits to achieve your mission by doing things right.

Information

  • Creator
    Jess Birken, MNM, JD
  • Years Active
    2019 - 2026
  • Episodes
    159
  • Rating
    Clean
  • Copyright
    © Jess Birken, MNM, JD 543617
  • Show Website
    Charity Therapy