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I'm working with a group of people that are trying to form a 501c7 (non-profit social club) in Erie, PA, the Erie Makerspace. We have been active as an unofficial group for a little over a year now, and are trying to incorporate so that we don't have individuals responsible for leases and contracts and the like. So far, our budget is, in a word, tight. Any advice for finding someone willing to do some pro bono work? We're not involved in any cases, we just want a bit of consulting to make sure we're properly covered and doing all of this in a law-abiding way and have done the things we're legally supposed to do. (We're also going to try to find a tax professional of some sort to help with that side of things, but that's not entirely relevant here, I guess.) On a related note: where does liability fall in a group like this? How do contracts (such as a building lease or ISP contract) work in this case? Is this 501c7 status (which PA apparently doesn't have a direct equivalent for, it's just a catch-all "non-profit" designation) going to get us the individual insulation we're after? That is, if the makerspace goes under, am I, the treasurer, going to remain financial liable for the aforementioned makerspace contracts? Is the president of the group going to get boned if something goes haywire? How paranoid do we need to be? Thanks in advance. 
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May 28, 2013 16:33
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| # ? May 31, 2024 21:27 |
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I am not a lawyer, but my wife was involved in a similar sort of organization that wanted a non-profit incorporation. They were able to go to a legal clinic at a local university and speak to some lawyer-people on what structures and stuff would be appropriate and possible for them. I'm not sure it was top-notch advice, but it was more than they knew and it was free.
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May 28, 2013 16:36
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Ive seen this come up a few times in these threads. Lawyers usually (almost always) perform pro bono work ONLY for organizations that achieve some charitable social good or for people who are genuinely poor (like no income). So if you are earning anything near or over federal poverty guidelines, a lawyer most likely will not be doing pro bono for you (and even if they do it will be through the structure of a local law clinic or the PD). If your organization is not strictly charitable, a lawyer most likely not be doing pro bono for you. (Non-profit status may not be enough either.) Lawyers do not do "pro bono" for people who do not want to pay a lawyer. The ethical rule for lawyers to to provide service for those "unable to pay," not those "that do not want to pay." So unless you are completely broke, or represent an organization that helps people that are completely broke, do not really be expecting any pro bono work. euphronius fucked around with this message at 16:55 on May 28, 2013 |
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May 28, 2013 16:50
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While euphronius is entirely correct, occasionally lawyers will do pro bono work for organizations they're part of/interested in/emotionally invested in. So if you had an attorney on the board of your social club, they might be willing to do the articles/bylaws. It's not terribly likely unless you're doing charitable social good (as euphronius said), especially because attorneys who end up on boards always get asked to do stuff like that for free, but there's an outside chance.
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May 28, 2013 16:53
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Right, it's not a matter of not wanting to pay, we just literally don't have any money for it. We make rent, and that's about it. We've recently started growing, so that's going to help, but in the mean time, we need to get this done sooner rather than later. Otherwise, an individual in the group could front the money, but considering that half the time, people can't even afford to make their dues on time, I don't see that happening. I'd like it if we had a for-pay relationship with a lawyer, that we could handle all our legal matters through in a more normal fashion, but at this point in the group's development, we really just don't have the money. I may end up trying to do a little "let's fund a legal consult" drive among the members, if it looks like that's going to be our only realistic option. How about the liability stuff? That's our biggest motivating factor besides incorporating: to insulate individual members from legal/financial liability. I really have no idea how this stuff works, so I'm just wondering if I should be afraid of putting my name on the paperwork we're submitting to incorporate. And yeah, that's also a question for the aforementioned lawyer, but any general advice on the topic would be much appreciated.
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May 28, 2013 16:59
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I'm making a guess here, but I bet a regular old for-profit LLC would be way cheaper than getting set up as a non-profit. If you don't have any profits, the tax ramifications are fairly negligible between the two. It might even cost you less in accounting fees for an LLC since any accountant will deal with tons of them every year. A lawyer only charged me a couple hundred when I went through the process. I mean, that's probably way less than the monthly bill for liability insurance for a makerspace type thing. You do have liability insurance, right?
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May 28, 2013 18:11
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Regarding the Makerspace, there are two separate issue being mixed and mingled. Taxation and personal liability. I do not know PA's laws and I've only touched on 501(c3) certification, but here is what little I know: Pretty much any corporate form (inc, s corp, llc) will provide shelter from personal liability. The big thing to watch out for is commingling money. Commingle and that wonderful corporate veil gets holes in it. Keep a decent set of books. There are online tools for this like mint and wave. After the organization is officially formed you can start trying to get it certified 501(c7). Most lawyers have never messed with such a thing so it's doubtful you'll have a member lawyer who can just do it because he knows how. When I looked into, briefly, I got a NOLO book off amazon titled: How to Form a Nonprofit Corporation. Maybe you don't need a lawyer to handle the certification.
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May 28, 2013 18:52
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501(c)(7) status is just going to be for recognition as tax-exempt at the federal level, not for liability protection. I'm not entirely sure if this holds true for (c)(7) status and I don't really feel like looking it up right now, but I know for 501(c)(3) orgs to be recognized as tax-exempt they also need to incorporate under the nonprofit corporation statute of a state (the "catchall designation" you referred to). Ashcans' advice about checking with clinics at local law schools isn't necessarily bad, but if you can pull together the cash for a consult you probably should. Edit: At least, if they're a corporation. Obviously a trust wouldn't be. Ugh. My point was, you need the state law form of organization. Emily Spinach fucked around with this message at 19:14 on May 28, 2013 |
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May 28, 2013 19:03
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There are no law schools within 100 miles of Erie.
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May 28, 2013 19:06
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euphronius posted:There are no law schools within 100 miles of Erie. Man, it sounds like a joyful place.
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May 28, 2013 19:08
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Not exactly a booming economy in this forgotten corner of the state.
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May 28, 2013 19:16
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A bit ago I had a falling out with a friend. We were supposed to go to London together after her conference there was over, but she uninvited me. That is, she explicitly stated that I was no longer welcome to stay with her parents, which then made the trip impossible for me. We each purchased somewhat expensive tickets to a show (well, she bought both, I paid her), and has since gone on the trip and came back. I asked for my money back before she left and she refused. I looked into the refund policy and all she had to do to get our money back was to take the tickets to the box office and if they resold (show was already sold out, wouldn't see why they wouldn't resell), but she refused to do that. She would not even send me my ticket so I could mail it to the box office form a chance at a refund. For all I know she went and took someone else for the ticket I paid for. I don't want to sound petty but that's $200 I'm out. They were tickets to the royal ballet. I'm in grad school and money is tight as is. Am I legally entitled to getting my money back? All of our communication about this is saved, since it was all through email. I'm not trying to sue or anything extreme, just a "hey I'm legally entitled to that money, you have to return it" would be enough to get her to move on paying me back. I live in Mass.
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May 28, 2013 19:25
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Bad Munki posted:Not exactly a booming economy in this forgotten corner of the state. I'd recommend asking some of the established hacker spaces how they went about it. If you don't know anyone at any of them, PM me and I'll put you in touch with a couple I know.
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May 28, 2013 19:40
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Your contract wasn't with your friend though, it was with the theatre who supplied the tickets or possibly a secondary supplier who sold them on to you, and that will have been done on their usual terms and conditions (which most likely includes the refund policy). So if you can't comply with that, you aren't entitled to get your money back. They kept their side of the bargain by supplying a ticket for a seat. You couldn't take up the seat, of course, for reasons beyond your control, but that happens to people all the time. Your best bet is probably to contact the ticket supplier, explain the circumstances and ask them for a refund despite not meeting the usual requirements. You haven't got much of a legal leg to stand on if they decide to stand on their rights, but if you make enough of a fuss, in consumer situations, people will sometimes give you what you want just to get rid of you. E: Don't try to pull that one with your friend, by the way, whatever you think of how she acted. General Panic fucked around with this message at 19:45 on May 28, 2013 |
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May 28, 2013 19:41
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Her friend didn't send her the ticket that she paid for, nor did she attempt to get the money refunded so it sounds like the issue is between her and the friend.
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May 28, 2013 19:59
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Cruseydr posted:Her friend didn't send her the ticket that she paid for, nor did she attempt to get the money refunded so it sounds like the issue is between her and the friend. Minor thing, but I'm a guy. Straight guys can enjoy ballet! There was no contract between myself and the box office. She bought the tickets, and emailed me how much I owed her for said tickets. When the fallout happened, I looked at the refund policy, which stated that the only way to get a refund is to return the tickets so they can resell them. I asked for my ticket, she refused to give it to me. She then made no effort to take the tickets back for a refund. E: All of this was communicated via email so I have everything documented
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May 28, 2013 20:22
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You can tell your friend that you're legally entitled to that money, and she can just as easily tell you to go pound sand. You are basically SOL, especially so if she doesn't live in the same state as you.
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May 28, 2013 20:31
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the milk machine posted:You can tell your friend that you're legally entitled to that money, and she can just as easily tell you to go pound sand. You are basically SOL, especially so if she doesn't live in the same state as you. Lives in the same state, but she is only here on a student visa. I'm a citizen.
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May 28, 2013 20:41
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You are legally entitled to the money, but collecting it is a huge pain (what milk machine said). Basically you had a contract where you paid her $200 for her to buy you a ticket, she never gave you the ticket (i.e. didn't perform her end of the contract). Hence, breach, damages, blah, blah blah. Unfortunately, how are you going to make her pay it? You could file in small claims court, but that's hard if she's out of town and even if you get a judgment collecting it is difficult.
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May 28, 2013 20:41
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I've got a question on how to find lawyers for a given situation. I wanted a little insight before I called the LRS. If it matters the jurisdiction is Texas, and the scenario is this. A person suffered injuries in a traffic accident and was treated and stabilized in the ER about a month ago. Person required surgery as follow up treatment and was treated in a different city. Surgeon indicated that the ER treatment was inappropriate, and as a result there may be additional medical expenses and possibly permanent damage. Person now lives in a third city. If I want to examine whether damages are justified as a result of a.) the accident, and b.) the treatment in the ER, what kind of lawyers do I need to talk to and where should they be? All three of the cities mentioned above are in Texas. The most convenient choice would be to deal with a single personal injury lawyer near the current residence. I suspect the most effective choice would be to get two lawyers, one personal injury, and one healthcare, both in the city where the actual incidents occurred. For reference, nobody is trying to screw anyone, but I want to be able to get an accurate determination as to whether damages are owed in either event.
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May 28, 2013 22:02
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Always get a PI attorney in the town the accident was in because he will know the judges, have best access to witnesses, you aren't paying him to travel, etc etc etc. also a PI attorney will be WELLLLLL versed in all things healthcare related. euphronius fucked around with this message at 22:17 on May 28, 2013 |
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May 28, 2013 22:11
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euphronius posted:Always get a PI attorney in the town the accident was in because he will know the judges, have best access to witnesses, you aren't paying him to travel, etc etc etc. Thanks very much. We'll get a referral for a PI attorney in the accident location.
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May 28, 2013 22:30
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Ok here is a super minor question: I received a parking ticket in Nashville, TN. At first I thought I had been ticketed for failure to pay (I had paid) but later I realized the ticket said "food trucks only 10-2" and had tow-away zone circled. I plan to stop by the area on Thursday to see what signage exists stating this. If no signage does exist will pictures be sufficient evidence to successfully plead not guilty? If not, what would I need? With my current living situation and easily shiftable working hours my cost of fighting this ticket will only be a few hours of personal time. Thanks.
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May 29, 2013 06:26
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So I don't know about TN specifically, but yes I have seen someone else represent themselves in this kind of situation (actually the car was towed) and get out of it by taking pictures showing the lack of proper signage.
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May 29, 2013 15:43
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Dogen posted:So I don't know about TN specifically, but yes I have seen someone else represent themselves in this kind of situation (actually the car was towed) and get out of it by taking pictures showing the lack of proper signage.
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May 29, 2013 17:22
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Arcturas posted:You are legally entitled to the money, but collecting it is a huge pain (what milk machine said). Basically you had a contract where you paid her $200 for her to buy you a ticket, she never gave you the ticket (i.e. didn't perform her end of the contract). Hence, breach, damages, blah, blah blah. Unfortunately, how are you going to make her pay it? You could file in small claims court, but that's hard if she's out of town and even if you get a judgment collecting it is difficult. I was able to collect. I just sent an email saying I spoke with a family friend who is an attorney (true, I saw him this past weekend on vacation visiting the family) and that he said I was legally obligated to the money (not true, I didn't ask him). Already deposited the check.
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May 29, 2013 18:30
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I have a question about FMLA (Family Medical Leave Act). I live in Seattle, WA USA. About 3 weeks ago I hurt my back somehow, I'm not exactly sure how. I got officially diagnosed with a herniated disc, which pretty much keeps me on my back all the time. I'm a scientific project manager, and most of my work is online, using sharepoint, and being on teleconferences with clients, so despite being on my back and not able to come in to the office, I have been still doing my normal work (~ 65 hrs billable every week). I should also mention we have a second site besides the one in Seattle, and a number of the project managers there essentially telecommute from their office in Boston (all the work on projects is physically done in Seattle, planning and managing is done by employees at both sites). So I was a bit surprised to receive a phone call from my company's HR person today asking me to fill out forms to go on FMLA. My question to the goon law squad is this: If I go on FMLA do I still need to be working 65 hours a week? It seems to me that going on FMLA is starting a timer so that they can replace me (after 12 weeks). I'm not really sure how long I am going to be out at this point, since I may need surgery. Can my employer simultaneously require that I go on FMLA full time and work my normal 65 hours a week? Thanks for the help.
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May 31, 2013 03:22
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Just as a really rough time frame, how long do EEO sexual harassment investigations last? Weeks, months, years?
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May 31, 2013 11:52
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Appachai posted:I have a question about FMLA (Family Medical Leave Act). I live in Seattle, WA USA. FMLA just gives you the right to take up to 12 weeks of leave in a 12-month period to deal with your medical issue without losing your job. You are supposed to notify your employer as soon as you know you will need FMLA leave, so it's not unusual that they want you to fill out paperwork now (though you should of course read anything they ask you to sign). Notifying them doesn't force you to begin the leave immediately; you can take the time off whenever it's needed. Nor do you have to use all 12 weeks at once; you could take that time off in smaller time periods throughout the year if your condition requires it. As long as you don't take more than the allowed 12 weeks off in a year under FMLA, your employer isn't supposed to fire you or "discriminate against you" for taking leave, so it's not like they're permitted to fire you 12 weeks after you submit an FMLA leave request or anything. And no, when you are on leave you won't be working. If you are working, then the time you are working doesn't count towards your 12 weeks of leave. Telecommuting counts as working, as well, so when you're working from home, that time isn't part of your leave either.
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May 31, 2013 13:37
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tishthedish posted:Just as a really rough time frame, how long do EEO sexual harassment investigations last? Weeks, months, years? Federal agency investigations don't move fast. We've filed complaints with HUD that they're "still investigating" after four years.
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May 31, 2013 14:36
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tishthedish posted:Just as a really rough time frame, how long do EEO sexual harassment investigations last? Weeks, months, years? Months and you will most likely be asked to go to a mediator first which also takes months. So like a year total.
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May 31, 2013 14:38
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dennyk posted:FMLA just gives you the right to take up to 12 weeks of leave in a 12-month period to deal with your medical issue without losing your job. You are supposed to notify your employer as soon as you know you will need FMLA leave, so it's not unusual that they want you to fill out paperwork now (though you should of course read anything they ask you to sign). Notifying them doesn't force you to begin the leave immediately; you can take the time off whenever it's needed. Nor do you have to use all 12 weeks at once; you could take that time off in smaller time periods throughout the year if your condition requires it. As long as you don't take more than the allowed 12 weeks off in a year under FMLA, your employer isn't supposed to fire you or "discriminate against you" for taking leave, so it's not like they're permitted to fire you 12 weeks after you submit an FMLA leave request or anything. And no, when you are on leave you won't be working. If you are working, then the time you are working doesn't count towards your 12 weeks of leave. Telecommuting counts as working, as well, so when you're working from home, that time isn't part of your leave either. Great, that really helps me. I guess maybe I should be thinking about this in work hours instead of a set duration of 12 weeks. Thank you!
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May 31, 2013 17:04
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Oh cool. Definitely glad I decided to report SH now, especially to a company with a built in EEO department.
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May 31, 2013 17:38
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loving dog bit me. Bite Mark I already contacted the city and they're going to start up the process. I want this dog destroyed. Question is, are some photos I took myself good enough documentation or do I need to get a doctor's note? The wound is really superficial, verified the dog had its shots, so I don't want to pay for a doctor if I can avoid it.
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May 31, 2013 22:51
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Added Space posted:loving dog bit me. Laws vary state by state about remedies available for a dog bite. Need a bit more than just the fact that you got bit.
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May 31, 2013 22:55
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xxEightxx posted:Laws vary state by state about remedies available for a dog bite. Need a bit more than just the fact that you got bit. Sorry. I'm in Edmonton, Alberta, Canada. I was working at the time with a minor who was also bitten. The parents are taking care of him; I've notified my employer and they said there wasn't a problem from them. There were also some neighbors who witnessed the attack, I told city code enforcement to speak to them as well. As for the attack itself, we were just walking by on the sidewalk when the dog ran out from the backyard to attack us. The owner was right there but only subdued the dog after it bit both of us.
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May 31, 2013 22:59
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Wait, you want someone's dog to die because it bit your thumb, I just want to be clear. Has the dog bit a bunch of people?
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Jun 1, 2013 02:55
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Located in California. I purchased a used car about 2 and a half months ago from a large somewhat reputable dealership and have put approximately 1k miles on it since. They informed me when I purchased it that 8 years ago when the car was brand new it was in a collision but assured me it was minor and if it were serious carfax would have listed the damage amount. I found out today that the car, either from that accident or something else, has been extensively repaired, with essentially 75% of the body having been replaced and not with the highest quality workmanship. Also found out that there are bolts, panels, and rivets missing from various areas of the car, some of which I never would have know there should have been a panel there, and some of which were hidden and I never would have thought to look, and was told to have the car inspected by a dealership specializing in this type of car (it's a very unusual foreign car) for structural and frame damage, as something serious enough to warrant this much body replacement would likely cause frame damage as well. They also informed me that the few parts of the car that had not been replaced had been disassembled and painted and that there were some internal screws and pieces missing, and that my door is not aligned properly which could be from frame damage. I was told that my car is actually worth somewhere in the range of $10k less (nearly 1/3) than what I purchased it for and they (another dealership that was appraising the car) recommended that I go back to the dealership I bought the car from and tell them to take it back since they didn't disclose the amount of work that had been done. My question is: Does a dealership have the obligation to disclose the fact that such extensive work had been done to the car, with again, approximately 75% or more of the body of the car being replaced and the rest being disassembled and painted? The dealership also claimed to be experts in this type of car, yet never informed me about certain pieces being missing that I did not know were supposed to be there (again it's a very unusual car and this was the only one I was able to look at) that they must have known were missing. The title on the car is clean and the carfax only listed the old rear end collision which does not explain the massive amount of the car that was replaced. The dealership did have me sign the carfax indicating that they had shown it to me, but as they assured me that the damage was minor and that in my uneducated opinion looking at the car I thought it was all okay. Does not having a third party inspection done myself leave the blame legally on me? Do I have some kind of recourse? Is it reasonable for me to ask to return the car, or to have the portion of the purchase price above the actual value (which can be officially determined by an impartial party) refunded? Can they simply tell me to go gently caress myself? Is it ok if I cry a little? edit: Sorry it was not carfax, it was autocheck by experian, and I just found the copy of it which states that there were no major damage incident records, no rebuilt title records (which I would think this car would have with the amount of apparent prior damage), and no frame or unibody damage records. If these turn out to be false, does that help me? omgitstheinternet fucked around with this message at 07:30 on Jun 1, 2013 |
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Jun 1, 2013 07:26
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beejay posted:Wait, you want someone's dog to die because it bit your thumb, I just want to be clear. Has the dog bit a bunch of people? Neighbors told me this was the third attack. I did mention it also bit a kid I was with, and this was after he ran across the street to get away from it.
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Jun 1, 2013 07:41
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What paperwork did you sign and was it as-is? As-is does not protect a dealer in case of fraud, but the question is did this dealer actually know the extent of the damage? Did they claim to have inspected the car, etc? If your damages are actually $10,000, you probably want to consult a California attorney ASAP to go over your options, if any. You very wel may be poo poo out of luck. Also, no offense, but you really bought a $30,000 obscure car without an independent PPI? Also, carfax/autocheck is a black list, not a white list. It tells you what to avoid, not what to buy Edit: This is a Lotus Elise. You bought such a car and you didn't know that a 10mph impact on the back basically totals the car? I wouldn't touch a wrecked Elise with a 20 foot pole.
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Jun 1, 2013 07:45
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