As I promised on IRC, I'm forwarding to the whole membership, contributing or not, the DRAFT of the resolution I intend to put on vote at the next SPI meeting, scheduled to happen on August 12th.
This resolution, if approved, will govern how legal fees are assigned between projects and SPI General Fund. The goal is to ensure the General Fund remains sustainable, that associated projects remain adequately supported, and to increase SPI transparency by documenting properly and publicly SPI current practices. Note that at the date of writing, SPI has no pro bono attorney or lawyer available, and all our legal needs are being met by paid professionals. While the General Fund is meant primarily to support SPI as a whole and not any individual project, nothing prevents it from being used for specific projects, specially in cases when the risks or the benefits are collective. The goal of this resolution draft therefore is not to prevent projects from having their legal fees paid from SPI General Fund, but to ensure the fund remains sustainable and benefiting SPI as a whole. Finally, I'll do my best to answer any questions the membership may have and welcome feedback, however I cannot promise that received feedback will modify the final version. (I was told to put this disclaimer here). -- Jonatas L. Nogueira (“jesusalva”) Board of Directors Member Software in the Public Interest, Inc.
2024-08-12.jln.0: Resolution DRAFT for Legal Counsel Fees -------------------------------------------------------------------------------- Considering SPI no longer has a free as in gratis legal counsel; and Considering having a paid attorney option provides strategic advantages to SPI and its associated projects, and that SPI purpose is to support its projects collectively, as stated in the Certificate of Incorporation, RESOLVES In this resolution, "attorney", "lawyer" and "legal counsel" terms are used interchangeably. 1. Legal fees incurred by projects which require the use of a paid attorney will be billed against the project; 2. If a pro bono attorney offers SPI their services, or withdraw their offer for free services, SPI will inform that at least in the projects mailing list, so the projects may opt for the option more aligned with their goals; 3. Legal fees which can benefit multiple projects, such as templates, will be invoiced against SPI General Fund as is current practice; 4. If SPI decides that consulting a paid attorney is required as part of the process for providing some other service, the project will only be billed with the liaison's acknowledgement; 5. When a project has requested SPI legal counsel, has no assets to cover for it, and SPI has no pro bono lawyers available, SPI will decide administratively to either temporarily refuse the request until a pro bono attorney becomes available, or to sponsor the request with the General Fund. 6. Legal Fees incurred of SPI's interest as a whole, or which cannot be appropriately divided by project, will be billed against SPI general fund. 7. When financial reality allows for it, SPI Treasury or Board may resolve to cover certain low volume, day to day or regular expenses such as trademark renewals with the General Fund. 8. Revoke resolutions 2007-11-14.jdd.1.jb.1 and 2004-09-07.dbg.2
