EJ 12/13/02
Dec. 13th, 2002 10:10 am- Dec. 13, 2002My father worked at Brackenridge Stables. I was supposed to spend
some time with him, I went down to the stables & was petting the
horses, and then he told me I should go up to his house & get ready
to go out & he'd meet me there.
Anyway...it was wierd. I remember feeling slightly ashamed of him,
like he was doing work that was beneath him, he was smarter than his
bosses, etc.- Dec. 13, 2002I sent this to Jen so we could laugh at SIL being all pretentious, and
Jen got actually pissed. I am sure she is going to be offended at me
choosing family peace over 'what is right and lawful'...but what can
I say, I'm a coward.
==============================================
evilE wrote:
The High Fantasy Society geeks are talking about where
to have their next big meeting of the 'kingdoms',
which is apparently a major annual event. One member
of HFS said it would be easier to find a place to have
these events if HFS incorporated so they could get
insurance and then be able to deal with the same
venues that host Boy Scout campouts, SCA events, etc.
A pipes up with this (looks damn fishy to
me!--my instinct is that she's going to use this to
try and dun people for money to pay for the property
she just bought with E's money & good name):
----------------------------------------------------
As a paralegal with considerable corporate experience,
I would suggest investigating the following
possibility, in that it successfully avoids all the
below mentioned entanglements and hindrances:
* incorporating as non-profit,
* tax id number
* interaction with the IRS
* interaction with the Secretary of State.
The loosest possible legally recognized form of
organization is the Unincorporated Nonprofit
Association.
URL:
http://www.capitol.state.tx.us/statutes/vn/vn0003201.html#vn116.1396-
70.01.
"Nonprofit association" means an unincorporated
organization, other than one created by a trust,
consisting of three or more members joined by mutual
consent for a common, nonprofit purpose. However,
joint tenancy, tenancy in common, or tenancy by the
entireties does not by itself establish a nonprofit
association, even if the co-owners share use of the
property for a nonprofit purpose.
Vernon's Texas Civil Statutes, Art. 1396-70.01.
http://www.sos.state.tx.us/corp/nonprofit.shtml (Form
208)
The filing guide (and the nice thing is, almost all,
if not all, filings are optional) is located here:
http://www.sos.state.tx.us/corp/forms/filingguide/html/tuna.htm
Once we are organized as an Unincorporated Nonprofit
Association, then perhaps we can get insurance without
the hassles involved in being a NonProfit Corporation.
Benedizione chiari e scuri,
Roar, aka
Aurora Shena Tale'Sedra, aka
[SIL]
Minstrel, Commander of Cavalry, Queen of Swords
*****
May the Roads rise to meet you
May the Winds blow always at your back
May the Sun shine warmly upon your face
May the Rains fall softly upon your fields
Until we meet again, may the Lady hold you always in
the palm of Her hand
=====================================
Jen replied with:
That is called unauthorized practice of law. Report her to the State
Bar of Texas.
=========
and then this, a few minutes later:
P.S.
Really. I am serious, and seriously appalled. Sure, she said "as a
paralegal, bla bla bla," but NO ONE BUT AN ATTORNEY CAN GIVE LEGAL
ADVICE. Her ham-handed and pretentious disclaimer will not prevent
people from give more weight to this advice than it is worth (a)
because her advice is vague and incomplete, and more importantly, (b)
she is not supposed to be giving it.
The formation of a business entity (be it a partnership, corporation,
nonprofit, whatever) is a VERY sticky proposition, with lots and lots
of legal and practical pitfalls. Only an experienced and reputable
attorney should handle this.
====================================================
I asked:
Does it matter that she's not giving them her 'real'
name, and that her actual legal name is not available
anywhere on the HFS website/member info?
========================
Jen replied:
absolutely not.
In fact, it makes the case for unauthorized practice that much
stronger.
The reason unauthorized practice is so bad is because there's really
no remedy - if a lawyer gives you bad advice, you sue him for
malpractice. If a non-lawyer does it, there's no malpractice for
which to sue.
The fact that A. is basically anonymous to these people (i.e., cannot
be caught, sued, checked out, etc) and is holding herself out as
someone with specialized professional knowledge makes it that much
worse.
The fact that you would have to be stupid to follow advice given in
this context won't matter.
State bars take this very, very seriously. If you do report it, be
very detailed and specific.
======================================================
I answered with this cowardly, waffly answer:
I privately emailed the person organizing the big event [which I
*did* do] and basically told him what you told me & told him he
should talk to a real lawyer if he wanted to follow thru on the
unincorporated association idea. If it becomes obvious that he is
going to take her advice without consulting a real lawyer, I'll send
the whole message thread to the state bar, with her 'real life'
contact info.
I *really* don't want SIL pissed at me--I imagine an insult to
her 'professionalism'/'expertise' would not be forgiven in my
lifetime, but I also don't want the clueless kids of HFS screwed over
by taking bad advice and only finding out after someone gets hurt,
sued, whatever, that they had no business forming the association and
assuming that would make things ok insurance-wise. -E
- Dec. 13, 20021. There is an argument going on in the 'drandmir' group because the
people in charge of the event said that the feast would cost $9 per
person, and in the end, it was only $8. So there is alll this fussing
and hollering because A misinformed everyone and B thought A should
have emailed them privately before announcing the misinformation, bla
bla. I am 1/2way to saying 'look, let's all just pitch in $10 and use
the extra $ to buy y'all some chill pills' god damn. it's a fucking
dollar, people! If your budget is so close tht a single dollar makes
that much difference, you probably have no business having an
expensive hobby like making costumes & padded weapons and driving all
over half of Texas to camp and poke eachother with said weapons.
Fucking christ.
Next: One of the HFS people wants to be a 'Samurai' and wants a
special 'Class' of fighter created to accomodate all his Samurai
weapons, armor, abilities, etc. For some reason, this has created all
sorts of cocksuckery amongst the troops. He posted this impassioned
thing about how he "Lives his dream" and gets up to 'train'
and 'meditate' as a 'samurai' every day...and then SIL posts this
self-serving batch of bullshit:
-----------------------------------------------------
Since the Cavalry is not allowed in on the field of combat, I don't
play combat class characters, I don't have a dog in these fights, and
I have always stayed out of them, until now. However, in this
instance ...
quote:
----------------------------------------------------------------------
----------
I said that I was going to become the MOST honorable man in HFS. I'm
going to serve as the testament to why a samurai class is worthy of
being accepted into HFS life. If I have to do it a kingdom at a time,
I will. Everybody will see that there are both grand (honor and duty)
samurai and corrupt (cause conflict, great for gameplay) samurai, and
it's more than just roleplay. If any of you did half the things i
did, you understand where I'm coming from. When all of the regular
HFS crew is waking up and thinking about wether or not it's raining
too hard to play, I've already been practicing by doing rolls and
attacks on fenceposts in my dojo (I found an area of land behind my
house that I've cleared the brush and cactus out of and lines with
rocks and placed in fenceposts. It's in the shape of a crescent moon
and is surrounded by thich trees. I call it the moonshrine.) When
everybody else has their clothes on, I've already practiced and have
begun meditation to clear my head of anything that would hinder me in
a battle. And when you're climbing in the vehicle to get to the field
at two o' clock... I've been on my field for two hours already
because HFS in Kalladen starts at Twelve and I don't want to miss
anything important.
I live and breathe HFS samurai. In no way, shape or form is this
class meant to shift balance of power or nor is it meant to change
the game in my favor. It's an outlet for all my spent energy and
practices. My customs. My way of life. And I'm not the only one.
----------------------------------------------------------------------
----------
That sounds awfully familiar...actually...it sounds remarkably like
the preparation time, the training, the love, the energy, the desire,
the physical labor and many other aspects of taking the Cavalry to
various HFS events so that other people have the opportunity to
experience Mirage Moonshadow, Jezebel the Firebreathing Battle
Nightmare from Hell, and Arthur Pendragon tyrannowmacaw rex (the
horses and the bird).
In my experience too, some people never even begin to have a clue how
much goes into what some of us do for HFS. And in not having a clue,
there is no understanding, and no appreciation. My reasons for
bringing the horses and the macaw to events is not for my own selfish
pleasure and enjoyment, I could stay home and enjoy them if it were;
what I do is for the sake of sharing that pleasure and enjoyment with
the rest of my HFS family and friends, old and new alike.
But, having been there, and done that, I want to say to Jin that, I
understand, I appreciate...more power to you, and keep on rockin,
baby.
Benedizione chiari e scuri,
Roar, aka
Aurora Shena Tale'Sedra, aka
Minstrel, Commander of Cavalry, Queen of Swords
*****
May the Roads rise to meet you
May the Winds blow always at your back
May the Sun shine warmly upon your face
May the Rains fall softly upon your fields
Until we meet again, may the Lady hold you always in the palm of Her
hand
- Dec. 13, 2002--- J-Law wrote:
That sounds like an excellent solution.
=============
evilE wrote:
I'm glad you think so & don't just think I'm being a
coward. :P
I bet you are having a crazy morning with trying to
get things done before your party, so I won't bug ya
too much :)
XO!
-E
================================================
Jen:
No bother at all. Things are crazy, but I also need to step back
every little while. It is raining pretty steadily.... I hope it
lets up, even if it's just so we can get to the St. Francis without
getting drenched.
I am very proud of you for coming up with a two-step solution...
first trying to discreetly prevent someone from getting shnookered,
and, if that doesn't work, reporting her. If the HFS bloke is smart,
he will look into getting professional advice.- Dec. 13, 2002I took this 'belief o matic' quiz on beliefnet.com, and it said I
should be a Unitarian Universalist or a reformed liberal Quaker.
I am so not into organized religion.
I remember when I became a Catholic, when my mom married my ex
stepdad and we were converted, baptised by Father Mike, how proud I
was of my new walk with God, bla bla, and then I went off to my dad &
his side of the family for the summer, went to a Methodist service
with aunt, uncle & cousins and the Minister stood at the front of the
church and announced to everyone that I was a Catholic and could not
participate in their communion (I hadn't even had my Catholic first
communion yet, so I probably wouldn't have even tried, anyway)...
Which is why I avoid hierarchichal religion, which is why I don't
participate in secret magickal traditions that
have 'degrees'and 'orders' and 'initiations' that you have to pass
before you're really 'in' and can learn the 'true mysteries'. I
despise elitist exclusionary bullshit. Any religion that divides
people up into 'us' and 'them', any organization which condemns
outsiders to a fate worse than death [hell, eternal torment, blabla],
any religion that singles out a 10 year old child and humilates her
in front of a group of mostly-strangers (and her her daddy, who she
never wanted to look stupid in front of, and her cousin whom she
loved more than any bestest friend)....fuck 'em. God/ess loves me,
and that's all I know and all I need to know.
What made me remember that today (I remember this incident at odd
times every now and again and still feel hurt and angry about it) is
that I was thinking about how long I'd kept a diary, how long I'd
been writing my thoughts. It all started when I was 8 or 9 and got a
diary with a lock on it for Xmas or my bday. I rarely wrote in it,
and mostly just made stuff up. I was thinking about how I went thru
one day and filled in all the 'Sunday' spaces with "I was good in
church"...and of course, I probably didn't go to church that often,
and when I did I probably wasn't that good. I remember another time
in my summer family's church when my cousin and I watched the guy in
front of us doing all this bizarre stuff--taking off his shoes,
rolling up his program and looking through it, acting stupid, and he
was older than us. We stifled giggles thru the whole service.
So ...no, I wasn't good in church.