Being Smart About Lawyer-Board Members

by:

Joe Patti

Non-Profit Business Advisor recently published a piece to make non-profit organizations aware of the potential problems related to having a lawyer serve on the board. Back in 2016 I provided similar information on ArtsHacker.  I wanted to revisit the topic due to how easy it is for both the lawyer/board member and the rest of the organization to misunderstand the role the lawyer is fulfilling

The general aim of both pieces was to emphasize the need to distinguish the context in which advice and comments are being made.

Some of the questions both raise are:

When the lawyer board member makes a comment, is it a legal opinion or personal opinion? Are people according the member’s personal opinion more deference due to their profession?

When they provide their professional opinion, could it be clouded by the fact they earlier advocated or voted for a related course of action?

Is a conversation covered by attorney-client privilege?

Loss of Attorney-Client Privilege. Are you communications with the rest of the board protected by the attorney-client privilege? If it’s clear that the communications are to be attorney-client communications, they should be protected by the privilege. However, such protection may be lost if it’s not clear that you are communicating only as a lawyer or if the communication is recorded in minutes to which other persons have access.

If a lawyer represents a statement as professional advice, do they actually have the specialized knowledge and experience to offer that advice?

Actually, as I notice the strong similarities between my ArtsHacker post and the recent Non-Profit Business Advisor article, I realize that both were drawn from lawyers at the same law firm so either of the links here represent a good resource for exploring the nuances of this topic more carefully.

RARRRRR!! Express Your Creativity And Smite Your Inner Demons!

by:

Joe Patti

My admiration of Zenpencils artist Gavin Aung Than continues to grow with his illustration of Berne Brown’s thoughts on personal creativity. Below are screenshots of the first few panels as an inducement to visit his page rather than passing over my text link to the page. Clicking on the images will take you to his site.

Interestingly, he had originally made a comment dismissing the current trend of coloring books for adults as an outlet for expressing creativity. People took exception to his remark. He subsequently apologized and offered high resolution versions of his art for people to color.

When Kissing Feels As Safe As Being Stabbed

by:

Joe Patti

From the “why hasn’t this existed before” file is an article about staging intimacy with the same care employed with fight choreography.

The fact I came across this mention on economist Tyler Cowen’s Marginal Revolution blog rather than a performing arts industry aligned publication somewhat compounded my curiosity about the lack of conversation the topic.

The article in the Louisville Eccentric Observer discusses the need for clear rules when employing any type of intimacy onstage. Whether it is a kiss, nudity, simulated consensual intercourse or staging emotionally and physically intense depictions of sexual violence, abuse and unwelcomed physical contact, performers shouldn’t be left on their own to negotiate the interaction.

Those interviewed discuss the need to have someone act as third party providing an element of control and clarity for each situation. In some cases, they take a page from fight choreography practice and place the recipient of an action in control. (For those who aren’t familiar, in situations where a person is grappled, thrown, choked, pulled around by their hair, the person being attacked rather than the attacker is generally in control.)

Even if you could be guaranteed that everyone would be well behaved and well intention and no one would take advantage of the opportunity afforded by the way a show is staged to take liberties for their own gratification, being asked to engage in an unfamiliar action with an unfamiliar person is difficult for people.

Having someone who works toward assuring a environment of safety and comfort for all parties when it comes to intimate acts just as they do with stage combat seems like it should have been a standard practice for years. Reading the article I wouldn’t doubt that many groups may already approach these interactions with the same care they would have approached fight choreography and never thought they were doing anything special.

I do want to suggest a different term for the role be created. I have a sense that being asked to work with the “Intimacy Director” might make people as uncomfortable as being told to just improvise the scene because the director didn’t have any ideas about how it should be staged.

The article suggests that while every theater company may not have the means to hire an intimacy director, they can use existing guidelines to make things safer and more comfortable.

Among those guidelines and suggestions are the following:

They are practitioners who use concrete guidelines and techniques, such as the “four pillars” of intimacy direction, according to Alicia Rodis, a member of Intimacy Directors International.

Consent: Get the performers’ permission — including concrete boundaries and out of bounds body parts, and do it before you start.

Communication: Keep talking throughout the process. What’s working, what’s not, who’s touching who and how and do they feel safe.

Choreography: Performers wouldn’t spontaneously add an extra pirouette to a dance number or an extra kick to a fight scene. Don’t add an ass grab or extra kissing.

Context: Just because you kiss someone in one scene doesn’t mean you can kiss them in another scene without communicating about adjusting the choreography and seeking consent to do so. Just because someone is topless with you on stage, it doesn’t mean they won’t mind being topless around you offstage, or in another scene onstage.

Being Heard Is Not Necessarily Being Acknowledged

by:

Joe Patti

There is often mention that if the performing arts want to be relevant, audiences need to see themselves and their stories on stage. More and more frequently I am hearing about projects like the one in Reading, PA Margy Waller wrote about last month.

A number of artists and arts groups worked together to create a transmedia production called “This Is Reading,” that allowed the residents of the city to talk about and depict their experiences in the community.

One of the collaborating groups, The Civilians, went to other cities around the country and videotaped interviews with residents about their best and worst memories as part of a virtual dialogue with the residents of Reading, PA.

The various elements of performance, projection and interactions were staged in a community event involving food trucks and special lighting.

According to Margy Waller, the producers went to great pains to ensure participation by a wide spectrum of the community,

“The producers made sure that residents got tickets, delivering them in person to people they were afraid might not learn of the show through traditional marketing. All of the tickets were free. When the first two weekends of six shows sold out quickly, they extended the show for a third weekend.”

As I read Waller’s post and explored some of the other links and videos about this event, I recalled assertions that the last Presidential election resulted as it did because people didn’t feel like they were being heard. I wondered if events like the one in Reading might provide the sense of being heard, even if the relevant political leaders didn’t attend.

It is theoretically easier to make oneself heard to a wider group of people than ever before thanks to the Internet and social media. I suspect that this method of expression doesn’t provide the confidence that what one has said has been sincerely acknowledged in a way that existed 25-30 years ago when the effective reach of a statement was much more limited.

Even as people are increasingly able to experience creative expression without leaving the comfort of their homes, perhaps the value that local arts and cultural organizations can offer is the sense that people are being heard and what they say has value. The quality of experience when others are present to witness your story depicted in a performance, visual representation, broadcast or projection is entirely different from having your story appear on an online forum for 100,000 anonymous eyes.