What the Record Shows: The Governance Risks Hidden in Informal Communication

Informal texts, emails, and side conversations can feel harmless, but they can create serious governance risk when they begin doing the work that should happen through formal board deliberation. In this article, our founder explains how casual communications can later become evidence about whether a board acted collectively, exercised meaningful judgment, and followed a defensible decision-making process.

The article draws a clear distinction between communication that prepares directors to govern and communication that begins replacing governance itself. It encourages boards to keep substantive deliberation within authorized meetings and processes, use written channels carefully, and build a record the organization can explain and defend if its decisions are ever questioned.

Read the full article on Substack and subscribe to The Bright Line Standard to receive new articles directly in your inbox.

Nancy Durand, Esq.

Nancy Durand, Esq. is the founder of Good Works Legal Solutions and a nonprofit attorney with more than 20 years of legal experience. Her work helps nonprofit leaders understand the legal and governance responsibilities that shape their organizations and translate that knowledge into thoughtful, practical stewardship.

Through Good Works, Nancy brings together nonprofit law, governance, and real-world organizational experience to help leaders make sound decisions, strengthen governance practices, and steward their missions with clarity, wisdom, and integrity.

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