[SCA-AE] Definitions? (RE: ANNOUNCE: FW: [Announcements] Request for Comment-LegalCounsel proposal)

Michael B. Greenstein greenstein at earthlink.net
Tue Jul 22 16:48:33 EDT 2008

> While it's an interesting semantic point ... "what does 'represent' 
> mean?", I believe that the Board has the idea of an attorney i the first 
> case you spoke of, not in the idea of a prospective autocrat getting 
> advice on a contract.  Now, if Uncle Joe were to go to Phil the Lawyer for 
> the Church & ne3gotiate the contract, that WOULD be a problem, I believe, 
> for then Uncle Joe would be acting as an unpaid agent of the SCA group & 
> thus the SCA as a whole.

Why *should* that be a problem?  If an autocrat or the officers of a 
sponsoring group decide that manner of assistance is beneficial because they 
feel unqualified, why interfere?  My guess is that the Board would respond, 
"We don't intend to."  If so, the provision, as written, is overbroad.  If 
they want to prohibit something specific, let them supply the specific 
context and hardwire it in.

Another scenario:

The Shire of Righteous Endeavors (SORE) books an event at Lackluster Hall. 
The contact is signed, and a $500 deposit changes hands.  On the day of the 
event, Lackluster's caretaker discovers that the SCA includes Norse 
personae, screams "Bloody Vikings!" and locks out the Shire, in violation of 
the contract.  Now, Lackluster won't return the deposit.  Dex Presk, Esq. is 
happy to donate his time to help the Shire recover its deposit.

I understand wanting to control who steps forward to claim "I am the SCA, 
Inc.," but at the same time the proposed restriction does not say that the 
Seneschal cannot file suit on behalf of the Shire, just that the Shire 
cannot be represented without prior authorization.  At the same time, the 
proposed restriction offers no guidance concerning how Presidential approval 
is to be sought, under what conditions it is to be granted, and how quickly 
a response can be expected if a request is made.

It seems to me that the proposal needs work.  I will write to the Board, 

- Michael 

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