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#Is a bad sign for my ability to communicate my priorities and interests to other ppl
drumlincountry · 1 year
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A fun fact about Parable of the Sower by Octavia Butler is that it is set in July 2024
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aralisj · 4 months
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hi umm if you wouldn't mind......... would u drop the "carmy is autistic" list..... because you're so right he's so autistic-coded but i want to compare notes
You don't know the can of worms that you just opened. Know that I cracked my knuckles and kicked my feet excitedly when I got this ask and I would LOVE to hear your insights too.
This is pretty much the format I used for myself, so I do apologize if there's something wrong with it. Also, this is only my appreciation of it and autism is a spectrum, etc.
Difficulty socializing - Imitating forms of communication (sign for "sorry", cursing) - Unable to read when he's being rude (shitty) and need for external confirmation from Sydney - Uneasy in group gatherings (not joining the rest of the staff for family during his first weeks at The Beef), avoiding social events (never been to a party, misses family reunions) - Can be gregarious when masking/using costumes - specifically the scene with him pretending to be Logan at the party - "And [Mikey] had this amazing ability. He could just, he could walk into a room, and he could take the temperature of it instantly. You know, he could just, he could dial it. And, um… I'm not built like that, man. I, um… I didn't have a lot of friends growing up. I had a, a stutter when I was a kid. I was scared to speak half the time. And, uh, I got shitty grades 'cause I couldn't pay attention in school. I didn't get into college. I didn't have any girlfriends. I don't think I'm funny."
Problems with body language - Cannot read easily when he's being teased/mocked and when he isn't: - He gets really defensive when Mikey and Richie mention Claire even if they're being genuine and doesn't calm down until Stevie says so. - He doesn't realize Sydney is joking at first in the alley scene or her outright mocking him in the S3 trailer ("I can sense the sarcasm" "No, no, no. Not sarcasm, snark, contempt even.") - Asking Sydney constantly what's wrong - he listens intently which suggests that he cares but he genuinely can't pick up on what the problem is - Lack of eye contact, especially at the beginning, giving priority to looking at the food than whoever he's talking to. He seems more comfortable with looking at Syd and Richie in the eye than the rest.
Difficulty making friends and navigating relationships - No romantic relationships before Claire (we assume 🤷🏻‍♀️) - When Claire called him and told him that Fak said he was his best friend, Carmy took a second to process and then agreed. He genuinely has no idea. - The whole "a girl who is a friend" debacle
Stimming - Fiddling with his spoon, shaking hands and blinking hard - Arguably, also smoking
Routine -~Consistency~ - "And the routine of the kitchen was so… consistent and exacting and busy and hard and alive" - Wears almost the same outfit every day (white t-shirt, slacks, coat, apron) - Doesn't deal well with change
Special interests - Cooking, drawing, (vintage) fashion - he's really out there cooking in hundred dollar t-shirts and gifting Thom Browne chef whites - Creative and flourishing in his chosen field ("I felt like I could speak through the food, like I could communicate through creativity. And that kind of confidence, you know, like I was finally… I was good at something, that was so new, and that was so exciting") - Understanding the world and other people in terms of food
Abnormal sensory response - Cannot stand certain sounds (~ball breaker~) and doesn't mind others (alarm) - Possibly heightened sense of taste/smell?
From childhood and more notorious overtime - Described as weird and shy even as a child - Stutter - Bad at school
More notorious under stress - Meltdowns and lashing out (1x07, 2x10) - Gets overwhelmed when plans change - Shutdown/anxiety attack after sleeping with Claire
Not playing cooperatively - Individualistic and cutthroat in the kitchen - VERY task focused (when he’s cooking HE IS COOKING) - Territorial over his things (knife) - He has a hard time finding a managerial style that suits him, delegating, and motivating the staff
Detail oriented - Toothbrush cleaning - The bowl thing in S3 trailer - His ~everything~ tbh
Depression, anxiety and APD comorbidity - Having special interests/happy stimming/needs shut down at a young age resulting in a pessimistic mindset (waiting for the other shoe to drop), anxiety attacks and unhealthy attachment styles - His trauma plays a huge role in this too but autistic children are particularly prone to suffering abuse in silence/staying in toxic environments and relationships
Insomnia
Alexithymia - "I Googled fun." - "I guess all the time I feel like I'm kind of trapped because I can't… Describe how I'm feeling. So to ask someone else how they’re feeling, that seems, uh… I don’t know, insane?" - "I hate this feeling" "What feeling, Carm?" "Uh, I'm not sure."
Black and white thinking - Difficulty focusing on more than one thing at a time, a very clear example is the majority of S2 when he's trying to juggle a relationship with Claire with opening the restaurant, while actively compartimentalizing the two of them, ignoring Syd's calls while he's out, then Claire's when he's at the restaurant - At the beginning of S1, he's hanging onto the idea that there's only ONE way to properly run a restaurant - Whatever "advice" he gets from Al Anon meetings is taken to the extreme, causing most of his fuck ups of S1 (more on this) - In the same vein, my boy can't understand a metaphor to save his life
I'm keeping track of the list (more or less) here
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Week 1
I will need to use successful time management strategies to balance my studies in 2023 with part-time work. Therefore, my biggest takeaway from the early part of the semester has been learning what tools I have at my disposal to effectively plan my working and study weeks.
In Academic and Professional Communications class, we were shown two different devices that each provide their own benefits.
The Melbourne University planner (Melbourne University. (2023). Students - Academic Skills - Resources - Time Management - Assignment Planner Assignment Planner (unimelb.edu.au) ) uses a granular approach which enables me to visualise the work I have each week and specific tasks to complete en-route to fulfil my obligations. It allows me to map out the approximate time I want to spend on each part of the task, which helps streamline my focus while undertaking the work.
These are tools which can also be translated into my working life as a journalist which will further assist my balance as I will be able to map out the time each will take and how they can complement each other.
Entry 2
The key challenge from working in a team setting was getting everyone’s schedule to line up and that stunted our overall progress as a trio. We had agreed to do a time and day that suited everyone over zoom, but a lack of communication meant we didn’t keep each other accountable for the amount of work we had done, preventing us from properly rehearsing at this time. A clear issue was the lack of a true leader within our group to facilitate the meetings, which led to our only rehearsal being the morning of the presentation. On reflection, given my availability was the most limited, it should have been me who took the initiative with the planning — though it was something I was conscious I did not want to do as I’ve taken responsibility by default in similar situations in the past and was hoping someone else would step up.
It should however be noted that we all pulled through — the product of us all being clear on our roles, which counteracted our disorganisation and still allowed us to deliver a smooth presentation. However this could probably be more viewed as a sign of three people keeping themselves individually accountable rather than a team remaining on course, which is not a sustainable method when doing group work. The division of focus areas itself presented its own difficulties: given there was to be two key themes between three group members — who hindsight shows did not collaborate enough — the third group member ended up being left with a smaller workload. This is not a criticism of them, who completed all the work we expected them to very well — it was a result of how we thought it was most straight forward to divide the focuses. However, it should be noted that giving everyone a fair share to do is a common issue that leads to students having negative sentiment toward group work (Tucker & Abassi, N, 2016) and we were unable to truly overcome this.
What did work well was the determination of a topic. We consensually agreed we wanted to investigate the social implications of a topic, and each brought different knowledge when it came to the chosen topic area. I believe this shone through in our presentation and, in particular, the ability to bounce off each other and take different angles when answering audience questions.
Tucker, & Abbasi, N. (2016). Bad attitudes : Why design students dislike teamwork. Journal of Learning Design, 9(1), 1–20. https://doi.org/10.5204/jld.v9i1.227
Developing self-management strategies: how have you balanced your study and any external interests?
Entry 3
Balancing study with work has been difficult and has resulted in me simply ticking boxes with my study because other areas of my life simply have to take priority. I have had to remain disciplined on Wednesday afternoons, and Thursdays because those are effectively the only times I have to do work outside of class generally. I have tried to remained disciplined through the use of a diary so I am aware of the times I have to study, and spending those times at a library or in a designated study space away from home. I find that I tend to work better when I am separated from the distractions of home  which is important given I need to do high volume in a short space of time when I am studying. The addition of a second screen has also made things easier with my study and allowed me to develop a system to ensure my referencing is correct, enhancing my motivation. The second screen allows me to keep the textbook open while making notes which I can then transfer onto a word document on the second screen.  This saves me crucial time which allows me spend more time researching and crafting and saves me stress.
Entry 4
Both my peer and lecturer gave me feedback to ensure that I include artefacts in my blog posts. This is something which is easily actionable and I sought to address once alerted to it by simply ensuring that my remaining blog posts each referenced an artefact. Furthermore, my lecturer advised me to style my Tumblr posts in a more cohesive manner. Having initially focussed solely on ensuring the crux of my content was both accurate and answered the question, I then spent time on editing the presentation to make it more engaging. I received similar feedback for an assessment in my introduction to Public Relations class and thus my presentation is a growth area for me for the remainder of this course – I see them as simple marks which I am missing out on. 
Entry 5
I feel the research I have done so far has well informed all of my assessments, however my method hasn’t been conducive to efficiency. So far, I have often sought to plan essays and other similar assessments as soon as it is introduced, thus skipping the research element. This leads to me sometimes having to retrofit the evidence I find into my predetermined ideas and hypothesis and robs me of the learning experience. Instead, as the semester has endured, I have found that I am much better positioned to make notes from a sustained period of research, which then informs a much more accurate thesis. Doing this makes the writing part of my assessment flow much better and leads to greater time-effectiveness. Instead of searching for sporadic papers which support my original idea which may not be well-organised in my head, I am now simply able to write an overview of the common themes that come out of the research. Thus, my ability to juggle assessments is, in some ways, improved as the process for completing each is much more straight forward.
Entry 6
The granular, methodical nature is something that has surprised me about university. The emphasis placed on citing each piece of information has altered the way I have completed assessments. As well as keeping a record of the peer reviewed journals I have visited to source my knowledge, I have also added an extra step of preparation to ensure I get the citations accurate and the information is presented in an organised manner. Prior to typing my essays, I handwrite the notes from each of the peer reviewed essays I read, giving me a process that bullet-proofs my citing. It also has led to a more logical flow in my writing and prohibits me from starting my essay until I have sufficiently researched. Thus, my responses to questions are always rooted in research rather than based on preconceived notions with any research done retrofitted as auxiliary knowledge. My organisation in juggling assessments waned throughout the semester. After beginning with a diary aiding me to structure my week and allot times to required tasks, I failed to reference it enough as the semester wore on, falling back into old habits which caused some procrastination and frantic days as I wasn’t forward thinking enough. For example, this has led to me in this assessment being aware of what I need to complete to enhance the quality, such as including artefacts and improving the aesthetic of the posts, but not having sufficient time to action it. Going forward, I could use a calendar on my phone, rather than hard copy, as it will be far easier to check and add to, given it is constantly in my hands. Overall, I gained great insights into the media industry, particularly through my media industries and introduction to PR class which has also assisted my role and will help my future endeavours. As well as the course syllabus, discussions within class have provided an understanding of industry trends and what that means for job opportunities. The introduction to PR class also reaffirmed that is an industry within sport I am most interested in exploring as it aligns with my skillset and interest. 
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mack3030 · 2 years
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Here is why the news about paywalls today is so important:
The primary reasons are because: 1) The old "ruling" was made by ONE EA staff member and was posted in a forum. So anytime people quoted the 2-3 week early access rule, there was always that potential pushback of "That was years ago, and the guru who stated that isn't even in the company anymore etc." This is recent (this year, this month), and posted on EA's OFFICIAL FAQ for the sims. 2) There was a screenshot that was being spread around of that same guru making other statements about meshes that some people purposefully misinterpreted to mean that they could paywall if the mesh was 100% theirs. This was always untrue, however a lot of people in the alpha CC community were so desperate for $$$ that they took that misinterpretation and ran with it. This statement debunks that screenshot entirely. 3) It indicates that EA SEEMS willing to enforce their policies. Because unlike Guru Drake's statement saying that EA isn't going to police CC, this not only has links and ACTIONABLE steps, but mentions the team will be reviewing them. The fact that this policy on mods/CC also goes hand in hand with another policy (about using EA's logos/etc) that I KNOW they have been very good at enforcing (The modder/CC maker Nando can testify to this as he got contacted by EA about his previews for one of his CC packs) gives me significant hope. I should also note that the strong use of phrases like "do not" "must be" and "cannot use" very much seems like they are behind this. 4) It gives the players the ability to cut through the bullshit of permapaywallers and tell them to shape up or fuck off. Over 90+% of modding communities are not like this one and operate on a donation only model of support for their mods. Usually what happens when people try to make their mods monetized is they are very plainly told what the expectations are for the community and that if they aren't going to follow them, to get out. This gives simmers the power to tell that to these people. Because they can't hide behind the excuses anymore. Now the important questions that remain: 1) What does this do to early access creators? Because the new policy seems very much to be anti-early access. People are very mixed on this right now, with some being very "monetization has ruined this community entirely it all should go" and some going "Well I don't mind early access but permapaywalls are bad". We'll see how this shakes out... 2) How will the community handle this new policy? Will creators who are currently permapaywalling quit and take their ball with them, or will they adapt to the new policies and just hope donations are enough? Will early access creators end up having to change policies? Will this lead to an exodus of creators, or a more thriving community as monetization becomes less of a priority? 3) What will perma-paywallers do in reaction? Although this kinda falls under the previous question, I think it is interesting to see what happens. Will perma-paywallers ignore this change and hope that EA does nothing? Will some of them try to lie and justify themselves to the community? Another question is....could some of them try to scrounge up enough money to try to legally challenge EA? [They wouldn't win, but I can speak from past experience they LOOOOVE legal threats.] And last but most importantly: 4) Will EA actually enforce this? My hope, is that this is a sign that they will. Since it's pretty stupid to massively update policies you don't plan on enforcing. But of course, this is EA...so we'll seeeee..
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adapembroke · 3 years
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The Best Self-Care Routine For Your Moon Sign
If you’ve ever read an article about self-care and felt like it was adventures in missing the point for you, you’re not alone. Just like one-size-fits-all clothes are a myth, one-size-fits-all self-care routines aren’t going to work for everyone.
In astrology, the moon describes the things you need to be happy. It is your personal recipe for comfort and well-being.
In this article, I talk about what a daily routine of self-care looks like for each of the astrological signs.
Moon in Aries
Aries is a stress magnet. With the moon in Aries, it’s essential for you to build activities into your routine that help burn off stress.
In the morning… Start your day with a quick yoga routine or an adaptogen-filled smoothie.
At work… It’s easy for you to fall into a bad posture or unconsciously clench your muscles when you’re stressed out at work. Make sure to take a few minutes throughout the day to stretch and move your body—especially if your job requires you to sit for long periods of time.
At lunch… Fuel up on food that will give you energy, and take a few minutes to do deep breathing exercises. If you have a hard time sitting still long enough to meditate, try taking a walk or doing a simple mindfulness practice.
After work… It’s important to communicate to your body when stress is over. If you find your work or your commute stressful, do something that marks the transition from work-time to home-time like changing your clothes or taking a shower.
On your days off… Look for adventures. You weren’t made to be bored, and there’s a big, wide world out there to explore.
Moon in Taurus
Earthy Taurus moons feel best when you are in your body, and it feels good. You weren’t born on this earth to be a stress-ball, and the more you lean into that, the happier you’ll be.
In the morning… Try to give yourself plenty of time to get through your morning routine. Taurus is a slow sign naturally, and you thrive on calm. Having a few minutes before you begin your day to drink your coffee before you have to start anything important will do a lot for your mood.
At work… Resist the temptation to give into productivity culture. You work best when you’re able to work at your own pace, even if that’s slow and steady. The time other people spend healing from burnout is time you can use to catch up.
At lunch… If there’s anything about your job that is physically uncomfortable, spend a few minutes getting away from that thing, if you can. Otherwise, eat something delicious and take a walk outside when the weather is nice.
After work… Take care of your body. Taurus is the most embodied sign in the zodiac, and it’s important for you to make time in your routine to feel good every day, even if it’s as simple as switching to the comfy shoes instead of the ones that pinch.
On your days off… Spend as much time as you can outside in nature. Taurus gets a lot from connecting with animals, so spend some time at the park watching people walk by with their dogs.
Moon in Gemini
Gemini is the sign of the conversationalist. Gemini moons are happiest when you feel like you are thinking quickly and on top of your game.
In the morning… Take a deep breath. You might be tempted to do All The things, but you don’t have to jump into everything right away. All you have to do right now is breathe.
At work… You might do your best work by going along with the task that is most immediate or urgent, but it’s important to remember that your priorities are important, too. Make a list of a few things you think are important to finish every day and do your best to make sure they don’t get lost.
At lunch… Talking with people is a very important emotional need for you. If you have a job that doesn’t allow you to talk to people while you’re working, reach out to a friend or grab a colleague for coffee.
After work… If you have a job that bores you, now is the time to stimulate your mind. Talk to people you find interesting or geek out about the thing you’re obsessed with at the moment.
On your days off… Socialize, socialize, socialize.
Moon in Cancer
Cancer is the sign of the nurturer, which means that it is extra important for you to take care of yourself. There’s a lot of pressure (especially on people of certain genders) to put everyone else’s priorities first, but you will do a better job taking care of others when you’re well taken care of first.
In the morning… Feed yourself. Literally. It sends a message to your body that you’re taking care of yourself.
At work… Honor your emotions, whatever they are. If it isn’t appropriate to express your feelings in front of your colleagues, there’s a reason the bathroom door has a lock on it.
At lunch… Find quiet if you can. If you can’t, a good pair of noise cancelling headphones works wonders.
After work… Reconnect with your feelings before you jump into anything. If your job is particularly stressful, be careful about making plans on work nights, or make sure you can back out of them. Sometimes self-care isn’t compatible with dinner parties.
On your days off… Schedule yourself some free-time alone. Ask yourself: If I was my best parent, what would I do with this time? Then do that thing.
Moon in Leo
Leo is the sign of the entertainer and the child. You have an emotional need to be seen, and you need to feel like you are making the people around you happy. When you are alone, creative self-expression feeds your soul.
In the morning… Put on something that feels like You. Other signs can get away with wearing the same gray dress slacks 6 days a week. (I’m looking at you, Capricorn.) You don’t have that luxury. A spontaneous smile when you look in the mirror is a must.
At work… You need to be in a job where your work is appreciated. If the people around you don’t get what you’re about, lunch breaks are for job hunting.
At lunch… Do something playful. Adult coloring books were made for Leo moons.
After work… If you’ve got social energy to burn, use it, baby!
On your days off… The best audience is a grateful audience. Take a few hours to volunteer for a cause you believe in.
Moon in Virgo
Virgo is famous for being a detail-oriented perfectionist. As a Virgo moon, you have an emotional need to feel like you have all your ducks in a row. Don’t let anyone tell you otherwise.
In the morning… Get straight on your priorities. List making was made for Virgo moon mornings.
At work… Find yourself being especially critical of yourself (or someone else)? Make it a practice to notice three things you (or they) do right every day. You can do it. Honestly.
At lunch… Check in with yourself: How is that to-do list coming? If you’re feeling antsy because things aren’t getting done, reassess your plans and make peace with changes or set some boundaries on your afternoon.
After work… Make yourself a healthy dinner and get some exercise. …That isn’t the kind of indulgent self-care advice you usually get, but it will make you feel better.
On your days off… Connect with a craft. Anything that you really enjoy doing and can work on perfecting is good for the soul.
Moon in Libra
Libra is the sign of the scales, which means that feeling like you have balance and calm in your life is important for your emotional health.
In the morning… Get into your body and literally find your balance. Spending a minute in a one-legged yoga pose will tell your brain that it’s time to wake up and find your footing.
At work… People are going to look to you to be the peace maker. You can embrace this, or you can fight it, but your ability to see all sides of an issue is valuable. Allow yourself to shine.
At lunch… Look at your face in the mirror. If your best friend had that expression on their face, what advice would you give them? Go do that.
After work… Tend to your relationships. A healthy relationship is a happy Libra moon.
On your days off… Seek serenity, chase beauty, live poetically.
Moon in Scorpio
Scorpio is the sign of the psychologist and the sorcerer. No one feels their darkest emotions as strongly as a Scorpio moon. Tending to hard emotions is essential for your emotional health.
In the morning… Watch out for getting in the habit of waking up depressed, anxious, or angry. If you find that you’re in the same bad mood every morning, it doesn’t have to be that way. Change up your routine, and, if that doesn’t work, talk to your doctor.
At work… It can feel sometimes like you are a researcher behind a one-way mirror. You can see everyone else, but everyone else can’t see you. You can use this to your advantage. It can also make you invisible at times when people should be seeing the good work you’re doing. Make sure you’re using your super power intentionally.
At lunch… If your job denies you solitude, take it back during your breaks. Having times to sort through your feelings during the day is vital for Scorpio moons.
After work… Music is your best friend. If you have a commute, listening to music that resonates with your feelings (or, better, takes you to a better emotional place) will give you a much better evening.
On your days off… Connect with people who love your intensity. The cool kids are supposed to be easy-going, but there are people who value deep honesty. Treasure them when you find them.
Moon in Sagittarius
Sagittarius is the sign of the wanderer, the philosopher, and the student, and no sign understands that life is a journey better than Sagittarius moons. You have an emotional need to feel like life has meaning. Don’t let the cynical world out there put out your fire.
In the morning… If you don’t know the reason you got up this morning, figuring it out is the first thing on your to-do list.
At work… No matter what your job is, find some time to do something you’ve never done before, even if it’s finding out where they keep the big boxes of ketchup packets. Learning something new every day is key to your happiness.
At lunch… Do something that makes you happy. Taking a break to look at silly kitten pictures is a thing.
After work… Break up your routine and try something new. That new Ethiopian restaurant down the street really is calling your name.
On your days off… Explore, explore, explore.
Moon in Capricorn
Some of the other signs might not realize that you weren’t born wearing a business suit, but we know you have a big heart, Capricorn moon.
In the morning… The person who invented goal setting was probably a Capricorn moon. Feeling like you have a clear idea of the mountain you have to climb today is important to you.
At work… You don’t need advice. You’re a Capricorn.
At lunch… Be intentional about eating at your desk. Is it really helping, or does it just feel like it’s helping?
After work… Exists. If you let it.
On your days off… Take them.
Moon in Aquarius
Aquarius is the sign of the genius and the rebel. Aquarius moons have an emotional need to go against the crowd and do their own thing.
In the morning… If you can, try to wake up without an alarm. The feeling of starting the day on your terms will do a lot for your emotional state.
At work… Check your relationship with authority. If you are in a position where you need to take orders from someone you don’t respect, don’t underestimate the toll that will take on your emotional health, and account for that in your self-care practices.
At lunch… Think about the future. It’s something you probably enjoy doing anyway, and if you don’t like your current circumstances some healthy day-dreaming will help you make changes.
After work… Get back into your body. Aquarius’s favorite coping mechanism is dissociation, and it’s important to remember to stop when the need is gone.
On your days off… Do your own thing.
Moon in Pisces
Pisces is the sign of the mystic, the poet, and the open ocean. It is essential for Pisces moons to have free time to explore the mysteries of consciousness and Just Be.
In the morning… Start your day with meditation, even if it’s a few minutes staring out the window on the bus.
At work… Pisces has the ability to masquerade as other signs when necessary, but it’s important to remember who you are. When you’re starting to feel ungrounded lean into the place in your body that feels like the core of your being. Meditate on it for a minute. You’ll know what I’m talking about.
At lunch… Space out. If you don’t do it now, you’ll do it this afternoon. (You might do it this afternoon, anyway.)
After work… Have you meditated yet today?
On your days off… Sensory deprivation tanks were made for Pisces moons.
What about you? What’s your moon sign, and what are you doing to take care of yourself today?
If you’ve read this far, you’re pretty cool, I’d love for you to connect with me on Instagram and tell me about your plans.
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ddarker-dreams · 4 years
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Puppet Strings. Yan Ghost Josuke x Reader [COMM]
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Warnings: Josuke’s temper flaring, typical yandere elements, brief alcohol mention. Word count: 3.1k
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i.
You didn’t think much of it when you saw your window wide open. 
No, it wasn’t that particular moment that sent alarm bells ringing. It’s remarkable what the human mind is capable of scrounging up to justify an otherwise horrifying situation. Moving from one place to another is an exhausting effort -- you reasoned to yourself -- maybe you reopened it and forgot. That sounds perfectly plausible. Sleep came easily to you that night and all was forgotten the next morning. There were some other minor occurrences, cabinets being open, the television flickering. Nothing incriminating, nothing to worry about. 
For a time, this logic worked in your best interest. The last straw was when your personal belongings started going missing. Lip glosses, shirts, and even some sketchbooks. Contacting the police served to be no help. When they asked who could hold a vendetta against you, you had no solid leads. You’d only been in Morioh a little over a month. Earning an adversary in that short a time felt unlikely, if not impossible. Classmates were interviewed, their alibis clearing them of possible suspects, the investigation stagnant. Your neighbors hadn’t seen questionable figures lurking around your home. Days went by, and a few patrols later, the police claimed there wasn’t much else they could do. There were no signs of breaking and entering, no fingerprints, no leads. 
No peace of mind.
You’ve explored every logical avenue. Not knowing what to do next is the worst part, it’s what serves to frustrate you the most. Sighing, you dry your hands off, mulling over what to do next. Now that you’ve finished washing the dishes, there are no other chores to procrastinate with. Guess I better get started on that project, you think. God, but it’s so hard to focus anymore. 
Without noticing it, you felt drawn to the living room. Anyone would understand, that from the stress you’ve suffered, it’s fine to take a break. A distraction from reality sounds great right about now. Your PlayStation 2, which has been collecting dust, can finally get used. The multiplayer games are bugged -- a Player 2 shows up even when you play it with yourself -- so you haven’t used it in some time. Scanning over the various game choices, you never get a chance to pick one out. 
“Huh, so they released a sequel to that?” An unknown voice, masculine and lighthearted, chimes in behind you. Your immediate reaction is to whip your head back, searching for the source. Heart pounding, you realize this is exactly what you feared. That whoever was stalking you would eventually come to settle things for seeking help from law enforcement. You don’t see him, even though the voice had been close enough to assume he’s behind you. There’s no way you imagined it. Where is he? 
That’s when you see him. 
Whether or not it was intentional, he stands blocking your path to the kitchen, where your phone is. A young man of imposing size, easily dwarfing you. His style throws you off, it’s like he was ripped from another time. That hair… a pompadour? Narrowing your eyes, you stand from your kneeling position, preparing to hold your ground. He might be blocking your ability to call the police, but there’s still the option of running out the front door to alert your neighbors. It’ll be fine, you tell yourself, not entirely convinced. Just don’t panic. 
“Who are you?” Is the first question that slips past your lips. There’s unfiltered hostility in the words, despite your hesitation to aggravate him. Your eyebrows furrow when he puts his hands up in defense. It gives an impression of mockery in an otherwise grave scenario.
“Woah, calm down there,” he lets out a nervous chuckle that further irks you. “You can call me Higashikata Josuke.”
This person -- Josuke -- is acting too casual about this. There’s no doubt in your mind that he’s the source of your torment these past few weeks. How else could he be standing in your home, acting in such a deplorable manner? For your own best interest, you bite your tongue, that’s dying to hurl numerous insults his way. In contrast to his polite speech, he’s dressed like a stereotypical delinquent. Who knows what Josuke would do should you provoke him. You’ve heard rumors of rambunctious youths in the area and don’t want to test the validity of those claims. 
“Alright, Higashikata-san, I’m going to ask you to leave. This is my house. If you just… leave me alone, I won’t contact the police. Alright?” You feel like your proposal is a considerate one, even if you don’t intend to follow through. Once you get to safety, like hell you’re going to let this punk get away with it, he just doesn’t need to know that yet. Josuke shifts weight from one leg to another, contemplating your words.
“I can’t do that. Besides, the same way you feel this is your house, I equally feel like it’s mine.” Josuke replies, scratching his cheek. His tone almost sounds… apologetic. As if it isn’t completely within his control to leave. You gulp when you realize your approach might not work. Maybe he’s not mentally sound? That’s the most plausible solution. Taking a deep breath, you shift to a less combative posture, still hoping to talk him down.
“Is there someone I could call? A guardian, a friend? Let’s figure this out.” You will yourself to keep each word steady to lure him in. The innocent inquiry doesn’t have the intended effect, Josuke frowning as soon as the word guardian left your lips. Shit. Was that a sensitive topic? The scowl is gone in a split second like it never existed. He takes a step closer to you and you take a step back.
“There’s not much to figure out. I’ll be honest then since I’m sure you’re freaking out right now. Which makes sense. I’d be freaking out too…” he trails off, going deep into thought. Finally, Josuke manages to choose the proper words. “How do I go about this? Alright, I’ll just come out and say it.” 
“Well, to put it in simple terms, I’m dead.” 
You blink. Tilting your head, you conclude that this Higashikata Josuke is not mentally well. Getting in contact with a professional is your new top priority. Josuke picks up on your hesitant body language and rushes to give credence to his claim.
“I know, crazy, isn’t it? I’m sorry about your stuff, by the way. Felt like the best way to understand my new housemate without sending you running right away. I’ll return it now,” Josuke’s demeanor doesn’t give you the impression of a liar. Still, a spirit? You don’t know what to think anymore. He sighs at the sour expression on your face. “How to prove this to you… ah, I know. Hey, check this out.” 
Josuke points to the controller sitting on your couch. Not a second later, it starts levitating in the air, your jaw-dropping at the unfeasible spectacle. Josuke lets out an airy chuckle at your bewilderment. “Sorry, that was pretty lame. I didn’t know what else to do.” 
“There’s… really a spirit, in my house.” You struggle to say it aloud. The people living in Morioh could be superstitious, a view you attributed to living out in the country. This paranoia, or sometimes reverence, never fell in line with your beliefs. There was no solid proof that the supernatural existed. It made for riveting local stories, for youths to gossip and movies to adapt, but the line was drawn there. A timeline plays in your head of the past few weeks. It would explain how no one in this active community spotted an intruder, or how the police never found physical evidence. 
“Our house, actually.” He corrects with a beaming smile.
ii. 
Maybe it’s not so bad. 
Josuke, with whom you have an unusual relationship, makes for decent company in your otherwise uneventful life. You still can’t help but feel on guard around him for his earlier behavior. As he explained it, borrowing your belongings was just a way to get to know you. He apologized wholeheartedly for the stress he put on your life. It felt genuine, but an apology doesn’t make everything go away at once. Little by little, Josuke’s grown on you, worming his way into your heart. Memories and feelings fade, your first few weeks after the move are no different. 
“Have you seen my red scarf anywhere?” You call out, peeking underneath your pillow. Josuke appears from thin air -- an element that took some getting used to -- helping to look around your room. One of your conditions for remaining here was that he’d show up in your room only when invited, a condition Josuke was more than happy to agree to. You guess everyone is lonely in their own way.
“It’s not over here,” Josuke yells from beneath your desk. “What do you need it for, anyway? Can’t you just turn the heater on?” 
“Well, I could, but that wouldn’t do me much good. Some friends invited me to karaoke tonight, and the weather report said it’ll drop to four degrees celsius.” Feeling defeated, you plop onto your bed, staring at the ceiling. Josuke leans over, popping into your line of sight. He’s lacking the trademark smile you’ve grown used to seeing. For such a minor change, it packs a punch. Josuke sulks like a kicked puppy.
“Karaoke, huh?” He mutters, more to himself than you. “My old classmates used to do stuff like that. Sounds fun.” 
You sit up and cross your legs. Josuke’s tone is a longing one, wishing to fulfill a dream that can never be, visage painfully bleak. Guilt bubbles up in your stomach for the insensitive comment, not realizing he has a lot on his mind too. Josuke’s bubbly personality stood on a thin sheet of ice, ready to plunge into the depths at any moment. You wrack your mind to try and appease him. 
“It really isn’t anything that exciting. I was going to say no, but they insisted. Just imagine it as a bunch of tone-deaf people drunkards belting, that’s all it is.” You console. Josuke doesn’t light up at your joke, his eyes hollow. From what you know about spirits, if they linger in this realm instead of moving onto the next, that means an obligation is holding them here. You’ve never asked Josuke why he hasn’t passed on. That leaves room for speculation, numerous hours spent ruminating over theories. Maybe he’ll tell you one day, or maybe he won’t. Either way, it’s still tragic he never got to live his life.
“Mm… guess so, yeah.” He isn’t paying attention to your words. Guilt as sharp as knives slices through you at Josuke’s gloomy mood. For a split second, you consider canceling with your friends, to stay home and cheer him up. He always loves playing games with you or just speaking over trivial matters for hours. You push the idea away. Fraternizing with a spirit on the daily isn’t enough to supply your social needs, only friends of flesh and blood can fill that role. 
“Hey, I’m sorry for mentioning it. If you want to talk about--” 
“No,” he cuts you off, shaking his head. “Go ahead. Go live life.” 
You don’t offer a rebuttal. Josuke probably needs time to think, you decide. We can talk about it later.
iii. 
“What’s up?” 
You lean against the wall, payphone pressed against one ear and your hand covering the other. Music blares in the background, terrible acoustics of the crowded bar making it difficult to hear the other line. One of the workers grabbed you, saying you had a call, your guesses of who it could be next to nonexistent. You scrunch your nose up when you hear Josuke’s distinct voice on the other side.
“It’s late,” you hear him say. His voice is muffled, but the exasperated tone is hard to miss. “Shouldn’t you be back by now?” 
Sighing, you struggle to rationalize why Josuke’s pestering you like this. You never gave a time when you’d be home, not thinking it was necessary. “I was going to leave soon. I don’t have class in the next few days, so it’s fine.” 
“It’s dangerous to be out on your own--” 
“Josuke,” you deadpan, rubbing your temples. “I appreciate the concern, really, I do. But I used to live in Tokyo, remember? If I could survive the city at night, I can survive here.” 
“That’s not the point here,” Josuke counters, voice dropping dangerously low. Your patience is wearing thin at his attempts to police your autonomy. It’s not his place to enforce a curfew on you. “You don’t know what kinds of danger lurks in Morioh.” 
Josuke’s statement is full of bone-chilling conviction. Almost like he was speaking from firsthand experience. You take a deep breath, remembering that you’re speaking to someone who likely died in a traumatizing manner here. Maybe extending a little grace wouldn’t hurt. It’s a shame to cut the night short, but it’s not that big a deal.  
“Okay, I get it. It’s about a fifteen-minute walk back home. I’ll see you soon, alright?” 
Softening your voice seems to have the effect you intended. Josuke takes a second to consider, the two of you waiting in tense silence. This is the first time you’ve gone out with friends, maybe he just wasn’t sure what to make of it. You hold no intention of bending to his every whim, but this one time, you’ll offer him peace of mind. There’ll be major boundaries set up in the future. 
He sighs begrudgingly. “... Right.” 
iv. 
This is getting ridiculous. 
Josuke’s behaving no better than an entitled child, your paper-thin patience starting to give way. The circumstances you’ve been placed into were unusual enough, to begin with, but they never felt malicious, not until Josuke’s personality seemed to switch in the blink of an eye. What you can only describe as sabotage has become a regular occurrence. It perfectly parallels the problems you had upon first moving into this house, only now you know the one responsible. He’ll act none the wiser, claiming innocence in what has to be his doing.
Cut phone lines, missing shoes, personal journals disappearing into thin air, nothing has been spared. Maybe you were foolish for trusting a spirit. You’d like to have thought you were on solid terms with Josuke, your mortal mind doing its best to wrap around the otherworldly events. You’re at your wit’s end, now fully prepared to confront him on this unacceptable display. It’s a shame it came to this, you think. Confrontation is the worst.
“Josuke.” 
“[First].” 
The two of you sit in the living room, on opposite sides of the couch. Ever since the karaoke disaster a few weeks ago, Josuke’s attitude has taken an undesirable turn, as evidenced by how he’s acting now. Never did you imagine he could be so petty. You straighten out your posture, squaring your shoulders, and placing your hands on your lap. He stares at you with faint interest, cerulean eyes shining at your attention. 
“I’ve tried my best to be understanding,” you wince at how dramatic your words are. It almost sounds like you’re breaking up with a partner. “If I did something that upset you, please just be honest about it.” 
Josuke gives a nonchalant wave. “Nah, it’s not that important anymore. I recently made up my mind, so I don’t feel too concerned about it.” 
There weren’t many expectations in place for this talk, but Josuke dismissing you this fast wasn’t an outcome you envisioned. It feels like a slap to the face after you spent days dreading this talk. What did “recently making up his mind” even mean? Irritation rises in your throat like bile, words snapping out before you can stop them.
“You don’t just get to be that dismissive,” you point out with a scowl. “I know what you’ve been doing. Taking my stuff again, right, Higashikata? I’m fed up with this shit. Maybe I should just move out--” 
Your sentence gets cut off by the coffee table’s glass shattering. The high pitched noise makes you jump, shards flying in multiple directions on the floor. Glancing from the mess back to Josuke, you find the sight of him as a stronger cause for worry. He looks thoroughly unimpressed with your emotional outburst. Thick eyebrows knit together, his face contorting from friendly to enraged. You gulp when a sudden chill in the air sending shivers down your spine. With how friendly your relationship with him had been up to this point, you forgot to watch your tongue, the initial reverence wearing off long ago. 
Josuke stands up, flaunting his towering build. Looking down at you through lidded eyes, he reaches down, and you catch a glimpse of light blue and pink. Huh? What was that? A trick of the lights, maybe? As fast as it was destroyed, you watch in awe as the pieces return to their original place. Broken glass, chips of wood, screws and all, become whole as if it was a movie playing in reverse. Is this something else a spirit can do? 
“Y’know, [First],” Josuke begins with a humorless laugh. “This is great. I wasn’t sure how to do this part. Now I don’t have to worry about that, so let me cut right to the chase.” 
You feel the blood draining from your face, goosebumps dotting your skin. This is wrong. Whatever he’s doing now, you can’t stand another second of it. “Josuke, you’re scaring me.” 
“That’s fine by me.” He smiles. There’s a palpable thickness in the air, tension elevating as each second crawls by. Your mind trips over itself in search of a solution to this, but deep down inside, you’re filled with dread. A dread that this damage is beyond repair and that you’ve made a fatal mistake. Would screaming even help you? Could you outrun a ghost? Your heart pounders against your ribcage and you pray it isn’t Josuke who’s trying to rip it out. 
“You saw that table,” Josuke points to the once destroyed furniture, now neatly put back together. He frowns at your lack of confirmation, pressing further, voice increasing in volume. “Right?” 
You somehow manage to nod. Your throat and tongue are too dry to use and the room feels like it’s spinning. 
“That makes this simple then,” Josuke sits back down to his spot from before and stretches his arms. “There’s a lot I’m capable of. Way more than I’ve shown you. Breaking things apart and fixing them is my specialty, but… that last part can easily be omitted.” 
Josuke turns to face you, eyes peering into the depths of your soul.
“Threaten to leave me again and I won’t even bother to put you back together.” 
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The Signs of the Zodiac: Based on my Experiences
Aries
Frightened by small things (getting shots, heights, ect.), yet paradoxically they are courageous, even heroic, in a crisis
Develop a sense of self-sufficiency and personal autonomy at a young age
Enjoy being single, but when they fall in love, they fall hard and fast.
Upfront with their thoughts and feelings- they grow impatient with cryptic or evasive forms of communication (a strong water influence can slightly subdue this tendency)
Tactile people- they learn by doing, in a trial and error fashion
Hate delays- there is a distinct sense of urgency in their energy, they can make other people feel rushed even when that is not their intention.
They can be physically destructive when angry (every Aries I know has broken something in a fit of anger)
Taurus
Sensuous, they are skilled at identifying and enhancing their attractive qualities.
Determined and resolute- they know exactly who they are, what they want, where they are going, and how they going to get there.
Great a determining the amount of time and energy needed to reach a particular goal, and pace themselves accordingly.
Can become stagnate and miss opportunities for development and growth
Can be in denial when proven wrong.
Gemini
the definition of a renaissance man/woman- possessing a wide variety of skills, hobbies, and interests.
Insatiably curious about the world around them
Learn very quickly
Know how to entertain- they have an abundance of jokes, anecdotes, and topics of conversation
They are fussy, critical, and argumentative when bored.
Are excited by opportunities and newness, sometimes they will begin the next adventure before the conclusion of the current one- the root of their notorious fickleness
Cancer
Passionate advocates for their family, friends, and the causes they believe in
Have a knack for making people feel comfortable enough to open up, and be their authentic-self
Hilarious, they possess a distinct quirky, childlike humor
Very fearful, can be anxious to a neurotic extent
It’s very difficult for them to remain objective, even in situations where an objective approach is needed
Have the tendency to foster dependencies in their relationships
Leo
One of the best when it comes to motivating other people
Naturally discard negativity, and cultivate the positive (“sunny” personalities)
Creative (not always in an artistic way, this just means they create their lives in accordance with their values and dreams)
Uncomfortable with self revelation, they tend to suppress their shadow-side and any threats to their ego.
Underdeveloped Leos take themselves way too seriously
Can feel entitled, in inappropriate situations 
Virgo
The most unproblematic sign of the Zodiac, they are great at keeping things in perspective
Discerning, they combine logic and intuition, and forecast future events with uncanny accuracy
Genuinely enjoy helping people, and expect nothing in return (except for gratitude)
Sharp and witty, they don’t get enough credit for their sense of humor
More vulnerable to illness when under tremendous stress
Judgmental of their emotions, if they “don’t make sense”
Sometimes they unconsciously create chaos in their lives, because they driven to bring order to chaos.  When there’s no chaos, there’s nothing driving them
Libra
Conscientious about how their actions will effect others, and have a strong sense of “right vs wrong”
Can give great advice, because they remain objective when evaluating situations 
The give and take of interpersonal relationships comes naturally to them
Like Taurus, they have a knack for identifying and enhancing beauty in themselves and environment
Don’t always give themselves the guidance they offer to other people
The perfectionists of the Zodiac, they hold themselves and others to high standards; sometimes they are unforgiving of the weaknesses and shortcomings of other people
Procrastinators, they get overwhelmed before they even get started
Once they’ve reached to a conclusion on any subject, they are more stubborn than Taurus
Scorpio
Don’t get stuck for too long, personal development and growth are a priority for them
Sense things that are not immediately obvious about people and situations, both good and bad
Strategic, they know how to influence situations to their benefit (sometimes without appearing to exert any influence)
Don’t skim over the surface, they exhibit a full-bodied intensity and focus in every aspect of life
Extremely sensitive, tending to assume the worst as a way of to defend themselves
When feeling confronted or cornered, their retaliatory sting can be ferocious
Extreme… they have a tendency to push past their own limits, sometimes to an unhealthy (even dangerous) extent.
Sagittarius
Forthright and candid, in an endearingly kind of way, if you want the truth… ask a Sagittarius
Perceptive, they notice everything, even things most people would overlook, and they’ll point out their observations
They seem to be at the right place at the right time, they live life followed by a comforting sense of luck
Optimistic, they trust that even the worst of situations will work out in the end
Insensitive, the feelings of others come second to “telling the truth”
Workaholics, their family and friends have a difficult time keeping up with them
Complacent, they are caught off guard when things don’t go their way
Secretly insecure, they fear they aren’t doing enough with their lives
Capricorn
Mature people, they are ready to accept the consequences of their actions (both good and bad)
Skilled at identifying their talents and passions, and using them to achieve their dreams
Dedicated to their goals and relationships, they don’t give up easily
Great at giving advice, they have a realistic grasp on the world
Can be dismissive of emotion, their own and those of other people
Find it difficult to be accepting of other people’s weaknesses and shortcomings
Equate their self worth with accomplishment, causing anxiety, depression, and a highly fluctuating self esteem.
Aquarius
Embrace their individuality and encourage others to do the same
Have very specific hobbies and interests, which they give a lot of their time and attention
Take a genuine interest in others, they are fascinated by the lives of other people
Friendship is incredibly important to them, they helpful, dynamic, accepting, and interesting friends
They are uncomfortable in situations where others expect an emotional response from them, at their worst they invalidate the feelings of others to maintain control
Abrupt mood swings
Subtly condescending, some of them are inclined to believe they understand the world better than anyone else
Pisces
Connect with other people in a way which transcends appearances, class, and differences; they have a diverse group of friends
Have any easier time tuning in to their psychic abilities (give it a try guys, you’ll be surprised)
Multi-faceted personalities, developed over many lifetimes
Rewards and punishment, have no effect on their behavior.  They are motivated by their soul
Deceptive… a Pisces “gone wrong” can be a skilled con artist
Their grasp on reality can be flimsy, a lot of the time they are only willing to see what they want to see
Avoidant personality, they are susceptible to anything which offers a temporary escape from what is troubling them
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appleasing · 4 years
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Light Observations as an Art Student in Quar
It’s strange being interested in art right now. With a great deal of the world (rightfully) panicked that they will be getting a potentially-deadly disease, it feels selfish to be wondering, “but what will happen to Art?” However, as it has it I’m an art student who was removed from her studio due to school closings, who wants to work in the field upon graduation, and I can’t help but be curious. 
While art schools were closing and galleries were postponing events, there was speculation that corona would be great for creation. Quarantine was supposed to stimulate artists, with no shortage of uncertainty fueling creation. 
Since quarantine has started, I have had little to do besides observe what has happened to the art world, and think on what all of this means for the status quo. 
Observation 1: No one was ready for this, and inconsequentially so, especially not my college.
Back in March when higher education began to close, art students were deeply concerned about rounding out their semesters. There was a hesitation in the air, with students and faculty being left in the dark over plans for studio and equipment access.
Sub-observation 1: Art professors are notoriously bad with technology, and hate answering emails (Deeply challenging in an online course).
While online classes are a valiant effort by professors trying to salvage their curriculum, there is little to be said for the value of online art learning. Students were left without the equipment they are promised when enrolling in an art program. 
Sub-observation 2: I am tired of people telling me it is exciting for me to be making work in this way, right now. Art is not making me feel excited, it is making me feel useless. 
Imagine you’re a carpenter. You have all your necessary tools in front of you, and you are told to build a box. Suddenly, someone comes in and tells you it is not safe to stay in your woodshop. You may not re-enter the shop until we can guarantee it is safe, and we have absolutely no clue as to when that will be. You have some tools, but one of them breaks. You cannot go to the store, and the Amazon employees are striking. You do not cross the picket line. You decide not to search for tools. 
Now, everyone is very excited for the carpenter. “Aren’t you so excited to make the box? No one has ever made a box under these conditions! We are in completely unprecedented times, you should be excited to make this box.”
The carpenter is not excited, they do not learn to make a box in these new circumstances, the carpenter instead spends the next two months learning to make sourdough. 
Observation 2: Cancelling everything and creating a world where I have no schedule doesn’t make me want to fill my time with making art, it makes me want to binge Saw movies. 
The halting of opportunity surrounding corona is not exactly the inspiration we were all waiting for. This void of creation is not as freeing to the artist as we hoped. In fact, according to some galleries, artists are having trouble making art at all. 
With the world being separated by circumstance, there is a disconnect that has formed in the arts community. In the contemporary, collaboration between artists is huge. Artists inspire each other to make art, and become invigorated by each other to make new work. 
Quarantine is the antithesis of community. With no one to tangibly share work with, there is little motivation to create. Art is inherently developed to be shared, and this sharing has been completely stunted. 
Observation 3: I have no idea how bad anything is, still.
At times during quarantine it is hard to figure out exactly how dire things. Turns out, mass isolation is a big deal, life-altering really,and we are having a much harder time recovering from it than certain other emergencies of yore. 
In an Art Basel panel discussion, Lisa Spellman, founder of 303 gallery in New York, describes the difference between how COVID-19 is affecting art versus previous tragedies. She describes the aftermath of 9/11, and how art communities responded in its wake. She described how public officials were begging galleries to continue to host events, to retain some sense of normalcy in the city. The thing that healed New York was the sense of togetherness which brought communities back together.
In this new type of tragedy, the arts are in the fourth and final phase of New York’s reopening plan. This choice makes sense, with art being low on the list of priorities for keeping anyone healthy. However, it does mean much longer of a wait time for our communities to be able to experience that same sense of togetherness.
Observation 4: I don’t like quarantine art.
Two months into the nationwide calls for self-quarantine, there have been a slew of works being made about staying at home. Some artists are photographing themselves bored in their living rooms; some are documenting empty streets, and storefronts with signs that say “closed due to COVID-19”. Honestly? I think it’s mostly boring.
Back in 2016, when Donald Trump was first elected to office, there was a light consensus that Trump would spur a quality increase in political satire. In a matter of months, there were men painting themselves orange and adorning blonde wigs on television screens across the world. A few months after that, seeing even the bonafide Trump face on television felt like a tired, cruel joke. 
In a similar way to the Trump comedians of 2017, COVID-19 art has the potential to quickly grow stale. The work is simply too surface level to be sustainable. Though potentially therapeutic to view for a moment, the audience quickly moves on as they are unable to dig deeper into work that is only observational, with no punchline.
Plus, we all know what is going on, and a dozen photographs of empty streets aren’t going to make us feel any better about it. 
Observation 5: I like Instagram more than I thought I did. 
It has been a delight to watch everyone try to figure out how to transform their physical presence into shareable online content. Some have done great, others are struggling a bit, but I have enjoyed the growing pains. Something is nice about seeing formal institutions being forced to figure out Instagram live. 
In order to not be left behind, online programs and workshops have been developed en masse by galleries across the US. Due to this, programs that used to be sheltered in galleries are now on view through Instagram stories. In a strange way, galleries are now creating more accessible content than ever.
This forced accessibility is the most groundbreaking thing the art sphere has managed in quarantine. One thing art spaces have always failed to grasp at is how to get the everyday person into their galleries. Art has simply never been commonplace in the mind of the working class, and is dismissed as high society nonsense. Which, honestly, holds true in the old way of doing things. 
Suddenly, since no one can access anything, everyone can. Anyone is able to click through a digital gallery, with institutions as big as the MOMA putting their exhibitions online for free. It makes art attainable, with no cost or intense time investment, and no need to leave the house. Maybe now it is about putting it in front of the right (new) people, but it is certainly an improvement.
This shift in attainability is game changing, and should cause museums to think long and hard about returning to their old practices. Just because quarantine is lifting, does not mean everyone has the same ability to participate in art spaces. Accessibility to a general public is something artists and galleries have been striving for for years. We are now, in a bizarre way, the closest we have ever been to that goal, and it would be a shame to see galleries reopening be the thing that shuts people out.
Closing Observation: I am not sure if the novel coronavirus will be good or bad for art but I am not even certain if that matters if we all perish. 
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ashlip-arts · 4 years
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1. If waking up is the only thing you can do, worry not.
Do not feel sorry if you’re feeling lazy today or you don't feel like accomplishing anything, there’s still tomorrow. And in today's time, what matters more is you wake up because it's a sign that God has given you another shot in life. You have your own pace to do everything you need as long as there’s a goal in your mind.
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  2. People will come into your life unexpectedly.
Some people will drop by your life and will make a big impact on your life. They may be people who are strangers to you, but as the quarantine extends for a few more months, they become someone who'll make you smile. You shared the ups and downs of each other's lives, the incomparable laughter shared, and for once, once this is all over, you decided to meet up and that’s okay. Cherish the moments and experiences throughout your journey with every person because someday, in those ordinary days of your life, you'll remember the people who gave you so much lesson and made you grow as a person.
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 3.    Personal health must come first before academics.
Never pressure yourself to complete your academic requirements. Education is important, but so does health, and whenever you feel like doing nothing and you’re feeling off, you can stop what you’re doing. I know time is very precious, but for once, look at yourself in the mirror and tell yourself that it's okay to calm down and relax.
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  4. Your family will always be your strongest companions.
Nothing in the world can replace your family, even though sometimes it doesn’t have your best interest in mind. There will be times when you guys are untiringly arguing about the little things, but you have to believe that it’s normal for family members to argue sometimes. And trust me, that won't change the fact that they still want the best for you and will be supporting you no matter what. They still love you even though you're being too hard on yourself and you're having a hard time loving your entirety. Even though your family can hurt you in a way no one else can, but during struggles, you can always count on them to nourish you and bring out the best in you, again.
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 5. Give time to hone God-give talents.
We are all naturally gifted, and during this period in time, we should also give time to our skills because it’s a wonderful thing to do. Play musical instruments, cover a song, do some artworks, cook for yourself, and even for your loved ones, sing like there’s no tomorrow. You have all the time in the world to hone your skills and to perfect them. Stop comparing your talent to others, as we all have our unique aspects as a person. Never look for validation of others and let them tell you what they like and what they don't. What matters the most is you love what you're doing and you're giving your all to the passion of doing what you love to do. It will all be enough, just enjoy things and keep on getting better every day.
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  6. Pain might not what we want, but it is something we need.
 Sometimes life gives you so much pain that you barely hold on and it makes you feel very vulnerable and there will be times that you just wish to end the void of losing someone, a friend, a relative, or maybe yourself. The time you feel that the entire world is on your shoulder, continuously crushing and pushing you to the edge of giving up. But dear, that madness, the pain, will only make you stronger than before, it will bring out a better version of yourself. It will teach you so much and you'll barely know it. Take a deep breath because every person has their struggles and everyone has their strategy to deal with it But dear,Rule of parallelismCrushing and pushing you to the edge— and so are you . Time passes by and the pain will eventually stop, so hold on. Life isn't about the destination, it's about the journey.
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 7. Time is a big factor in life.
Have the wounds healed and the scars of yesterday's struggles have now become unnoticeable? After the encounters of everything that broke you in the past, the people who hurt you and left a scar on you,  suddenly you begin to see a better version of yourself and you feel so much better than before. Even though some scars are still visible, it's fine. Remember, warriors got wounded in battles. The scars will be reminders of his bravery and fortitude.  Time may not undo the things that broke you, but it also reminds us to heal not for them, but ourselves.
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 8. Taking care of yourself must become your priority.
During this quarantine period, taking good care of yourself is a must. No one else can do the relaxing for you. Have fun with those little things you do in your bed at 3 in the morning, sing along while your favorite OPM song is playing, take your time in the shower, or maybe try cooking something you saw on the internet, or maybe your favorite dish. Enjoy being yourself at your home. But as much as there's leisure time, never forget to work out as exercising makes your body look better and will help your immune system to be stronger. Get enough sleep and always stay hydrated.
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 9. Prayer is powerful.
Filipinos are culturally religious and one part of that is praying. Filipinos are known to be prayer warriors. And during the hard times like this, we always come to Him, to lean on to Him and believe that He's in control of everything that's happening. Praying also is a way to communicate with Him, and talking to Him will give you a lighter heart, and the belief that you'll overcome everything will be existent. Individuals seek His guidance amidst the crisis, asking to save everyone who is infected, the medical experts, the victims, the Filipino people, the entire world. Maybe God is not answering right now, but believe that He, always, has a plan. Believe that He's in control of everything and things will get better in time.
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 10. Anxiety and crying are normal.
 Everyone breaks down and cries, just for various reasons. But during this time, the anxious feeling and the urge to cry is common. It won’t make you less of a person if you cry. It’s alright to break down sometimes. It's not a sin to feel sad and feel like the world turned its back on you. Don’t feel sorry for yourself, it doesn't mean that you're weak. Crying won't make you less strong. Letting those tears fall down your face is helpful to ease the pain and the burden you're feeling because life may be unfair to you or your order online just got canceled. Always believe that it's fine to be sad. Sadness is temporary, it is a normal feeling. You may feel like you failed, but hey, you did not, you learned.
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11. Boredom will never be an excuse to hurt yourself again.
We are in the quarantine period and of course, everyone is bored and so is your ex-lover. Just focus on yourself and think that he's part of the past now. Move forward in life and see the great things that lie ahead of you. As the famous quote says, "There's a lot of fish in the sea". And you don't have to worry about love. Love is everywhere, and love doesn't need to be a romantic kind of love. If a person cares about you and loves you for who you are, they will want you to grow, be successful, help you become a better version of yourself while you guys are making what you have grown. Know that in the end, the world will always find a way for you to meet the perfect person at the perfect time. Just trust God's timings. Breakups might be stressful and might damage you so much, but someone will come to help you always remember your worth.
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12. Pessimism and stress must not be entertained.
  Although life is full of drama, it will continue to happen and the only choice we have in life is to never stop living because we have only one life. We only have one precious chance to live our life to the fullest. And stress must nowhere to be found in that single opportunity. Enjoy every little thing you do and figure out the things you love the most. Always look at the positive side of life.
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 13. Love yourself more than you love anyone.
My mother always reminds me to not lower my standard to anyone, especially in love, because in this world, there this one person who will do everything to love you and while waiting, love yourself more, so that if that person comes, you know how to act maturely and how to reciprocate the love your partner will give you. Love your flaws and embrace your insecurities because thinking about them will just eat up too much of our time and will fill our minds with negative thoughts. But those things don't define us, it will never summarize our entirety. Instead, turn your weakness into a strength so that no one will use it against you.
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14. The past doesn’t define who you are in the future.
Mistakes are lessons in life that will make you become a better person. If you’ve made a lot of mistakes in the past, it doesn’t make you less of a person. Although our past reminds us of who we were before and the people who we have been, use that to fuel you and prove that what you've done, doesn't count on what you'll become. You are the ruler of yourself, you are  the vase of your garden, so take care of your flowers and let your flower blooms beautifully through positivity and love.
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15. Your dreams are always reachable no matter what's going on.
 Never give up on your dreams, It’s your ticket that will bring you to places, freeing you from the shackles of impossibility. Look at yourself in the mirror and let go of what's holding you back because you can reach for whatever you're looking up to. Never lose your ability to dream. Be like Peter Pan - he who never held back because your dreams can come true and life will be as colorful as Neverland.
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 16. Prevention is better than cure.
We often overlook the fact that we could have prevented this pandemic if we have taken necessary precautionary measures. If we help prevent something bad to happen, we won't be needing a lot of time to figure out how to solve things. But as much as we prevent these things from happening, there will be times that God will test us. It might not be what we want to happen, but His plans will always be better than ours.
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17. We take a lot of things for granted.
The dusted books in your bookshelf are now being read. The clothes and the pajamas you haven't worn before are now covering your skin almost twice every week. Yes, we take a lot of things for granted. But as much as the personal stuff we have in the corners of our rooms, there are more out there that we often overlook but are now crucial in this period. What I'm talking about are our front liners. Those are the people in the groceries, the janitors, nurses and doctors, health workers. Admit it, at some point in our lives, we have taken them for granted, but this pandemic changed our perspective in what they can do. After this tough time, never forget to thank them and always value what they can do for others.
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 18. Home is and will always be the safest place on earth.
We often time hear the government says stay in our homes, to not go out if it is not essential. As much as we want to go outside, being behind closed doors will always be the best option. Our homes are the safest and best place. Home is our heart’s sanctuary, but also, it helps us grow and foster.
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19. This pandemic brings out the best and the worst in all of us.
Some of us discovered how to cook, some of us got into better shape. Unfortunately, a lot of people lost their jobs and worse, someone might have lost a loved one due to COVID-19. In this trying time, let’s do our fair share to end this pandemic. This time made us find ourselves more, but let us not forget those who just lost a part of their life. This might be a tough time for us, but let us always remember to look at the silver linings in everything that's happening.
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20. There's no problem that we cannot surpass.
No dilemma in life can stay forever in our lives. We are definitely in the toughest times of our lives, but let's keep on holding on and believe that this, too, shall pass. There's no mountain we cannot climb and there's more to life than being sad. Learn to believe that we can overcome what's happening and know that you are not alone in this battle. Your family, friends, and most especially, the Lord will never turn their backs on us. . Know that any problem that we encounter, we can always find a way to overcome it and it will help us have a better perspective in life.
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kingofthewilderwest · 5 years
Text
peachdoxie replied to your post “somewhere in my childhood family household late at night…. dad: you...”
monoinstrumentalists are just so frustrating, aren't they
(anyway I know it's because you're a huge NERD and your family wouldn't be able to handle your NERDINESS because there's so much of it)
I know we’re goofing around and it’s cracking me up, but I thought it’d be interesting to discuss how what you said is true. While I live in a musical enough family, I’m the only actively multi-instrumental player. There is a different culture and priority to them as single instrument players, versus me, a multi-instrumentalist. 
For most of my family (even the casual players), the concept of purchasing and picking up a musical instrument is consistency and proficiency. I also want that. But I don’t “come across” that way with my musical activities; I may look flighty, undedicated, as I “bounce” seemingly from one instrument to another. 
It can look like I’m picking up and dropping instruments (What became of that clarinet I took lessons for for four months, but haven’t performed on since high school?). Or, it can look like I’m never developing any performable skill in them (despite playing viola for nearly ten years, I still sound scratchy, and the only reason I performed on it in college is because the orchestra accepted ANYBODY who signed up). Or, it can look like I’m buying instruments simply to have more instruments (the first question my mom asked when I went to buy the ukulele was whether or not I’d play it). Like an amnesiac crow attracted to pretty trinkets, they might see me as getting excited about The Latest Thing and then forgetting about it a year later.
But see: that’s not what I’m investing in. Here’s how I actively work through playing multiple instruments:
Some instruments are more casual and some are more serious. I did get good enough at flute to be first chair in All-State Orchestra my senior year of high school. I continued playing flute in bands through the end of my Master’s degree. Hell, I played keys and flute in praise band for church this last month! While I’m not in a classical ensemble now, it’s not impossible to expect I could rejoin a community ensemble, or if I had some extra disposable income, return to private lessons. 
The banjo, by the way, is my First Very Serious Musical Instrument Acquisition since I started playing viola almost ten years ago!!! I’m actively looking up ways I can get private lessons for this baby and Git GUD! I’m so excited. So this banjo investment is literally as serious as I can get.
Other instruments are never intended to be performance instruments, and when I nab them, I know that. I will invest my best time and attention to performance instruments that I want to be proficient/skilled in. But that doesn’t mean I neglect my “more casual” instruments. There are MANY ways in which all my instruments receive a lot of love.
First: I received my degree in Music Composition for a reason. The purpose of a Music Composer is to compose music, not be a hired performer. And the more instruments I have hands-on knowledge and experience with, the better I can compose for more instruments!
One point five: It is a VERY VERY fascinating experience to learn about all instruments out there. Whether or not I become amazing on them, I learn and experience so much by having on hand diverse music-making machines. It’s a world of difference between reading about an instrument and playing it. I gain endless enrichment by learning how these babies work. Sometimes I’m learning more about how an instrument ticks than how to be amazing on said instrument. You could say part of my music hobby is “learning how ALL music is played and performed”!
Second: Most paid music composition gigs I have are not for live performances. I’m contracted to produce tracks combining MIDI (computer synthesized music) and audio (recordings of real instruments being played). In general, if I can get good sound, audio is more appealing, expressive, and impressive than MIDI. Because I do not have the budget, time, and network to hire other people to perform my music, I can get more live instruments into my compositions by playing more instruments myself. My lack of professional performance-level skill can be worked around by how easy I make the part, how I splice audio files, how I mix the parts, etc. Ergo, it is always a net benefit when I have another instrument to my disposal, which goes back into the degree I went to school for, and comes out in every audio track I create.
Third: It’s fun. If I can fiddle around on an ocarina, it’s fun!!!!!!! If I can play HTTYD tunes on pennywhistle cosplaying Hiccup, it’s fun!!!!!
It’s true that, on occasion, some instruments are more keepsakes than playthings. But that’s rare, and I DO play all my instruments and don’t drop anyone. In general, the only time I get an instrument “to get an instrument” is because I have a souvenir tradition: every time I leave the country, I get myself a dictionary for an appropriate local language (to celebrate my Linguist side) and I get myself an instrument (to celebrate my Composer side). Thus far, I’ve only exercised this tradition on two trips. Getting meaningful, special souvenirs that I also might use for decades to come (even if rarely) is valid, yes? 
Last, I want to point out that the majority of my musical instrument acquisitions have been dirt cheap. I think my first pennywhistle cost $3, I got it my junior year of high school, and I still play it. My recorder and two other pennywhistles were an unexpected gift from a high school teacher. I found a didgeridoo in Goodwill for $15 last year. Literally, instead of eating out for one dinner, I got an instrument. Not a bad investment! I’m not being flighty running from instrument to instrument; I’m seizing opportunity to have an extremely exciting life experience, something much longer lasting than one night eating out. I tend to haunt craigslist for radical deals. The banjo, because I’m planning on getting very serious on it, is a raaaaaare investment to get A Good Instrument (and I’m STILL using craigslist to get used to drop price).
For my family, in a mono-instrument mindset, lots of these motivations don’t exist. Buy a good starter instrument so you can learn it seriously, buy an upgrade instrument after you’ve graduated to an advanced playing state, spend a ton of time practicing, they get that. They don’t get “SHIT GOODWILL HAS A $15 DIDGERIDOO!!!!!” excitement. For them, it makes no sense to grab it.
So to my family, when I’m like “Oh hey I want a new instrument!” It becomes this “Ugh, again? Why not SPEND TIME and play the ones you have?!?!” Except it’s unspoken. No one’s mean. And what they show is the lightest tinge of exasperation or lack of understanding, no real mean judging or anything. 
I’m not saying all people who play one instrument have the same perspective, but that’s how my fam goes!
So yeah. I live with a different set of values as a multi-instrumentalist.
But hell hahahahaha. Even for “mono-instrumental values”, my banjo goals are going to align well with their priorities. XD Dudes, I’m going to practice so hard on this baby. I’m going to shred it on the banjo. I’m going to be amazing. I’m going to be good enough to perform gigs if I can find some bluegrass buddies. I’m going to compose pieces on banjo and record them. I’m going to kick ass as a banjo badass.
I haven’t had a good music goal for years, honestly. Without the ability to afford private lessons for advanced flute or semi-advanced piano, without collegiate settings to keep me in the classical community, and without the emotional energy to invest in community ensembles, I’ve been cut off from musical performance goals. It’s felt stagnant and uninspiring. Picking up the banjo and working HARD on this thing is going to ignite a spark I’ve been missing for years. Life is more exciting and meaningful to me when I have an ambition, a trajectory, a goal. This is the start of a new bright life period for me, and I’m pulling so much hope and happiness into it.
I AM EXCITE!!!!
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rainsonata · 5 years
Text
Doppelgänger 6/15
Chapter 06: Mindfulness  
Fandom/Pairing: Elsword; none Rating: M Word Count: 7,205
Summary: It was like looking into a mirror. What happens when one’s reflection talks back and throws uncomfortable questions? El Search Party struggles to find entrance into the Demon Realm, but Dominator has a plan.   
Alternative Title: Dominator fucked up and now everyone meets their alternative selves   
AO3 Link / FF.NET Link
— [Chapter 01] [Chapter 02] [Chapter 03] [Chapter 04] [Chapter 05] [Chapter 06] [Chapter 07] [Chapter 08] [Chapter 09] [Chapter 10] [Chapter 11] [Chapter 12] [Chapter 13] [Chapter 14] [Chapter 15] —  
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Class Notes: 
Canon Path: Knight Emperor, Aether Sage, Daybreaker, Rage Hearts, Code: Esencia, Comet Crusader, Apsara, Empire Sword, Doom Bringer, Ishtar and Chevalier (Innocent), Bluhen   
Alternative Path: Rune Slayer, Oz Sorcerer, Anemos, Furious Blade, Code: Ultimate, Fatal Phantom, Devi, Flame Lord, Dominator, Timoria and Abysser (Catastrophe), Richter
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Code: Esencia
Fighting has temporarily ceased. In what appeared as a sign of victory was cut short by the appearance of an additional enemy. He shared Rage’s appearance in facial structure and body, but his disposition and body language spoke volumes of his intentions. Esencia understood when Blade extended his sword, lowering his body with the poise of a veteran fighter. His narrow eyes revealed a common emotion the Nasod queen recognized in all living beings she had fought. Blade was wary, defensive.  
Her scans displayed readings Esencia saw when she looked at Richter. Same levels of El as Rage, yet there were differences that perplexed Esencia. Nasods and humans’ levels of El fluctuated depending on the situation and their condition, but always had an average reading. Rage and Blade had similar levels, but they were distributed in different areas. It was as if Blade had neglected his Nasod arm in favor of another form of fighting to have developed higher stamina than his counterpart.   
Grabbing Richter by the arm, the swordsman aided the blue-haired man in a quick but clumsy exit. Rage had once performed an act of kindness when Esencia was damaged from a fight against the demons invasion in Velder. He and Bluhen were not enemies, but they were not what humans considered to be close friends, only lifting their heads slightly in acknowledgment if they happened to be next to each other. Seeing their alternates come to each other’s aid wasn’t something Esencia could have predicted.    
How many were injured? Empire asked through their communicators, her intonation rose at the end in concern. Is everyone all right? 
“How did you know?” Apsara asked, “Are you hurt too?” 
The red knight gave a quiet chuckle, You left your speaker on again. 
“How- how much did you hear?” The martial artist stuttered, waving her arms in alarm. Empire didn’t need to see Apsara’s face to recognize the panic in the martial artist’s expression, exaggerated even by human standards. Hair strands perked from her hairline, falling over Apsara’s pink face.    
Enough to catch that argument you had with Ain, Empire said. That was him, right? He didn’t sound very friendly. 
“Hmph, that is a subpar description of what he is.” Ishtar puffed her cheeks, crossing her arms closer to her body with a deep scowl. “An ungrateful brat who won’t call us by our names.” 
“Doesn’t ours do the same?” Chevalier was confused, “He only recently started calling us nicer names.” 
“Is Rune safe?” Esencia asked. “Has he spoken?”
Out of the rune user’s insistence, the party had dubbed him as Rune to avoid confusion between the two Elswords. He was their leader, yet at the same time, he wasn’t Knight. Members of the El Search Party commented on his clothes (“Are you sure you don’t need another jacket?” Crusader asked). 
With a gentle smile, because humans became eased when given little gestures, Rune failed to conjure a proper answer when Esencia offered him tea. A melancholic expression flashed in his eyes before the magic knight agreed to help them. The same eyes Esencia had when she opened her eyes to discover that her faithful servants were no more. Guilt. Pain. Things she once felt shame to possess. Did both Elswords experience them too?   
It was difficult to determine the cause of the appearance of their counterparts due to insufficient data, but the Nasod queen was prepared to utilize what they did know. Rune was another Elsword who claimed he had contact with their leader. That was why she accepted the El Search Party’s decision to keep Rune. His resonance with the El could be helpful in addition to Bluhen’s in finding Knight in the shroud of dark El and demon inhabitants.  
Empire lowered her voice into one of sadness. Lights flickered from their communicators, no longer flashing a message to all team members. She didn’t want to be heard by the others. Her voice reached their smaller group of four. 
Rune’s still here, Empire said. I told him not to push himself, but he kept apologizing, saying it’s his fault.
“They located us,” Esencia looked to the distance on her left side, allowing her lens to zoom into the moving shadows in the distance. “There are four of them.” 
“We’ll talk to you later,” Apsara spoke into her communicator. “Keep everyone safe.” 
Her speaker went off before Empire could give a response.     
The sky glowed, iridescent light shining in all directions. Gold thread swung over Richter’s head, steel-blue eyes gazed ahead with long hair extending down his back. The colors in his eyes inverted - pupils and sclera turned blue and white irises. El radiated from the man’s pores as he drew out pointed blades for each hand; they lacked physical shape but were held together by an immeasurable amount of sheer will. 
Several blades formed around Richter, merging into a longsword as he dashed forward and propelled himself. His blade clashed with Ishtar’s, barbed weapons sharpened at their ends with each side waiting for a moment of hesitation from their opponent. Richter backed away at the sound of bullets coming from his right. 
Smoke emitted from Chevalier’s gun blades. Bullets pierced across the battlefield the second time, bringing the priest’s attention over to the butler. Fighting a human opponent made Chevalier cautious, pulling his trigger away from Richter’s vital organs. It was apparent that the blue-haired man’s intention was to keep the priest alive. He had no interest in killing his own kind when they could make use of Richter’s knowledge. Richter’s intention in attacking them wasn’t something Esencia could extract from a database if one existed.  
Chevalier adjusted his feet, spread apart to fire a giant cannonball. Intensive levels of energy spiked from his gunblade and imploded. The aftershock threw Richter against the tree trunks with an audible thud. The teal haired man wiped his forehead, furrowed brows and stared at the crisp cut indented into exposed alabaster skin.     
Clutching her left arm, Ishtar smirked. “Your timing is impeccable as always.”
“My apologies,” Chevalier landed on his feet. The cross-shaped firearm on his back shifted as he repositioned himself. “I’ll have to be faster next time.” 
A shimmer of light shone in Ishtar’s hand, materializing into a blue spear. Light shimmered at her feet, leaping midair and blue flames flared from her body. Fire crackled and engulfed Richter in a sea of blue. The forest’s temperature rose in unison to the duo crossing their weapons. 
Moby and Remy alerted Esencia to look over her shoulder. Her lens shuttered. Oberon summoned by her side, her servant raised a blade in each hand for a wide slash. Each pose was precise with a purpose, reading his opponents’ moves to formulate the next attack. The chain attached to Oberon’s shoulder blade clanged when he pressed his blades together to block an attack. A pair of heeled shoes with spiky cleats came into her peripheral vision. 
The wind carried Anemos’ weight in a complex dance of jumps and sprints. The markings on her thighs made her similar to Ventus’ not only in appearance but in the way she held herself. She was confident, but the smile tugging at the edge of her lower lip gave way for a very human expression in which her brows were lifted ever slightly, gleaming with a spark of playfulness.
Anemos twirled, performing somersaults and landing high jump kicks into Oberon’s chest. The Nasod assistant flew across, slamming his foot back in resistance with blades dampening the elf woman’s attack. 
“Sorry! My bad~” The elf spread her fingers in a lazy wave, “I heard you were here. Didn’t know you had extra friends with you!”
Esencia winced when Anemos left an indentation between Oberon’s ribs. Pulling her servant back, blue screens projected from Remy and Moby. She had a sentry drone take over and ordered it to charge. Its small size took Anemos by surprise and made the elf lose her footing in the sudden attack. Anemos took the fall in grace and landed on her palms, bringing her legs back and into a backflip to avoid further damage. 
“Friends…” Esencia pursed her lips. Extending this fight would be beneficial because it would buy time for the rest of the El Search Party to get away from the chaos, but she recognized the flaws, as well as a Nasod should. Longer fights meant a reduction in supplies and high risk in losing valuable team members if any of them were injured. She had her servants, but they didn’t perform well in extraneous fights. Identifying and targeting Anemos’ weakness must be a priority. The Nasod queen trusted her friends’ ability to take on the other three.
“Airelinna,” Anemos brought her palms together. A gentle breeze summoned a small creature, leaving a blessing and restoring her stamina. Her footsteps became lighter as she drew out her bow. Arrows formed at Anemos’ fingertips and shone, raining down upon the Nasod queen.          
“Oberon,” Esencia drew back a hand to summon back the Nasod servant. “Protect.” 
Oberon held his arms out and summoned a blue dome-shaped barrier between Anemos and them. The electric field sparked as he raised his blades at the elf, pushing her back and blocking her attacks.   
“You’re not chatty,” Anemos tucked her body into a low crouch. She hugged her left arm and winced in pain, sweat trailing down the side of her neck with a tired smile.  “You and Eve would get along well.”   
Esencia blinked. The other Eve? Something in her circuits clicked at the mention of another Nasod queen. They would likely hold the same code if the other Eve followed the same path as she did, but it was not the first time the thought had occurred in Esencia. The loneliness persisted even after she reclaimed her servants. Would the other Eve experience the same emotions as she did?
“Unless you know where Elsword is, there is nothing to add to this conversation,” Esencia said. 
She ordered Oberon to retrieve and raised her hands to summon her other servant. Humanoid in appearance, Ophelia was shorter than Oberon and donned a knee-length dress.  
“I thought you would say that,” Anemos sighed. 
Propping herself back on her feet, Anemos leaped from across, taking long strides and using her magic to increase her speed. The elf strung her bow back, firing three arrows at Ophelia. Ophelia emitted electric currents from her core, catching the arrows midair and reducing them to ashes.      
A kick to the side, a powerful wind churned from within Anemos. Powerful wind picked lifted Esencia into the air as the elf struck Ophelia between the ribs, sending the servant flying across the forest. The tornado dropped Esencia to the floor, but not before she dropped into Oberon’s arms. She thanked the Nasod and patted Oberon by the shoulder to be lowered. 
Oberon sliced through the air with his blades, forming a circular motion as he danced a macabre dance. Moby and Remy burst into awakening mode as Esencia activated the Queen Core. The core configuration reversed into a ring with the core at the center and blared a violent red. Lasers shot from the core’s essence in unison to Oberon striking into their target. 
Blood gushed from Anemos’ forearm. The woman wrapped the injured arm with a spare piece of cloth and applied pressure to it. She kept her weight in the back of her feet and kept moving, her eyes danced between Esencia and the Nasod servants. 
“The way you fight reminds me of someone,” Anemos breathed. “He’s not one to underestimate the enemy either.”
“You acknowledge being the enemy?” Esencia asked. 
She giggled, “I’m not blind in your distrust of me.” 
“Don’t be ridiculous,”  Esencia denied. Until there was enough information about the El Search Party’s counterparts, she would withhold trust until there was evidence saying otherwise. The Nasod queen was uncertain about having an amicable opponent, too friendly to make her comfortable.   
“Do you now?” Anemos drawled.      
“Oberon,” she called for her servant. “Sonic Wave!”
Appearing in front of the queen, Oberon took charge. His helmet shone as he raised his legs and kicked the ground to propel himself at Anemos. Oberon performed a backflip for a wide slash with the side of his blades when Esencia detected foreign Nasod technology. Before her program could detect the source, an unknown object flew past her field of vision. It followed Oberon. Moby and Remy detected its movement guided by a tracking device. There was insufficient time to identify it. A flat disc the size of her palm fired into Oberon’s body, increasing the number of dents in the Nasod before returning to its owner. 
Four drones appeared together as a cluster. She picked up high readings in energy as pink lasers fired from them in unison. Oberon fought to resist the tension, waving his blades to inflict damage, but they persisted. Temperatures rose the closer the drones approached Oberon, melting through his plated exterior and forcing the Nasod to shut down.     
“What kind of drone is this?” A male voice rose from the dust. Sparks flew from a pair of magenta eyes, “Is that all the Queen has to offer?” 
Esencia narrowed her eyes. Oberon was a servant, not a drone. She did not need a facial recognition program to inform her who the man was.  
Dressed in white, Dominator had six drones and a pair of circular ones following him the way Moby and Remy did for her. Using his drones as a makeshift seat, the man crossed his legs and ground his heels against what was left of Oberon’s faceplate. The black portion was scraped to expose melted circuits and snapped wires. 
“Didn’t I tell you I would take on the Queen?” Dominator pulled Anemos up from the floor, “The fox is all yours.” 
“Leaving her to me and Raven?” Anemos was not as impressed. 
“It takes time to set up the perfect experiment,” the scientist waved his hand. “Wouldn’t you agree, Eve?” 
Her circuits ran hot in response to his intonation. Dominator talked more than Bringer by a wide margin. Regardless, she held the same emotion as she did with the brawler who proclaimed himself to be a Nasod engineer. Irritation flared from Esencia’s emotion control circuit before she had the time to rein back control on irrational thoughts. 
Dominator mentioned a fox. Apsara was a target to the opposite El Search Party because of Eun. They viewed her as an obstruction from confronting the martial artist and sent Dominator to fight her. Leaving the Nasod specialist to fight the Nasod queen was a logical decision on their part. Oberon was no longer in service, but Esencia still had her servants and her friends. That would be enough to sustain herself.       
“No response?” Dominator chuckled darkly, “That’s fine. The priest told me about your new drones. Let’s see how they fare in an experiment.”  
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Rune Master
“How many were injured?” Empire spoke into her mic in a hushed tone, whispering words not meant for anyone to hear. “Is everyone all right?” 
Rune leaned inward, yearning to listen to the conversation the red-haired knight had with their - her teammates. They looked like his friends, something he was still scrambling to piece together with as much grace as one could in his situation. He wasn’t going to pretend that he understood why there were two El Search Parties, but he knew that Empire was concerned for the well-being of her friends. Empire wouldn’t be his big sister if she wasn’t as caring and took responsibility for the pain of others. 
A cold chill ran over Rune’s pores, a cool breeze rustled the leaves from the tree trunk where he laid his head to rest. If he gazed at the sky, he could have identified all of the constellations overhead. The stars’ alignments shifted from their positions in Elrios, but they were recognizable once he adjusted his perspective of them. 
“I’m here if you need to talk.” Empire’s voice rang in his head.  
Ever since he confronted Solace and gave himself to the El, he gained newfound sensitivity to everyone’s wavelengths. He saw colored lines connecting the users to the source. Although he wasn’t as adept in detecting and differentiating El resonance as Richter, Rune knew as soon as he met Knight. They ran on the same wavelength, a red spark formed between the two before violently torn apart by the demon encounter. 
“Why do you talk to me like I’m him?” he asked.   
Rune reached for his communicator, toying with the white device clipped between his jacket sleeve. The thin purple highlights shone innocently under the moonlight. His sister’s counterpart was occupied with her own conversation and the rest of the group were tending to their wounds from the previous fight. This was his chance to contact his friends and make a run for it. He needed to let them know where he was. 
“But you are him.” 
Was he? Rune was no longer sure. He may have shared the same El resonance as Knight, but did he use it to its full potential? His father and sister trained him the way of the sword, only for Rune to pursue magic in their absence. Knight stayed true to his ways and became a Velder knight, never losing sight of the dreams Rune abandoned in Elder.    
“Knowing that I’m not him, you still hold me captive?” Rune lowered his head, “That’s selfish of you.” 
Rune knew he hit a sore spot because Empire flinched from the disdain in his tone. Captive was a strong word, but being tossed over Rage’s shoulder like a rag doll without his say in the matter wasn’t exactly something he was gung-ho about either. Who would have thought Blade’s counterpart could make impulsive decisions on the fly without making a lecture out of it? 
“You’re the last person Elsword talked to.” Empire whispered, “Any clues about his whereabouts would help.” 
So they were going to keep him here until he spilled the beans or when they found the poster boy for heroism? Rune didn’t like it. Weapons were drawn and emotions ran high. As long as Knight was absent, any words of reason would fall into deaf ears.  
Slipping away now was a possibility, but it was a fool’s plan if Rune wanted to be outnumbered and outpowered. In unknown territory infested with demons, the odds were against him if he wanted a successful escape. Although the group was four members short, seven people remained. It was best to stay low and wait until his friends could find him. Ultimate and Dominator had the technology to track him and Richter, Abysser, and Timoria had their keen senses.         
“I know you’re not happy but…” Empire choked, “Please. He’s my brother.” 
Rune bit his lips. He was awful at saying no to his sister. She just wanted to see her brother again. How could Rune deny her that when he went through the same pain? Knight gave it his all and pushed him away in exchange for his livelihood, an act of selflessness he had clearly learned from his sister. It was a weakness that was going to be exploited against him one day, Rune looked up in exasperation. 
How hard could it be to find a redhead in a dimension where everything came in shades of blue and purple? If Knight was anything like him, he wouldn’t stay quiet for long and cause havoc to whoever was unfortunate enough to kidnap him. Rune had doubts Knight was one to stay put without fighting back. The rune user wasn’t even aware of Knight’s existence until hours ago, yet it had become easy to accept his other self after the initial shock.   
Rune did what he could to be discreet in turning on his communicator without making it obvious. No need to alert the El Search Party that he was making a call. He saw Knight’s friends using similar devices as his, identical in everything but the color schemes.   
“Come on, work!” Rune mumbled to his communicator. 
It worked fine when they were in Elrianode. Why did it lose connection now? Was it the high concentration of Dark El or demonic energy? He allowed the device to flicker to life and stayed still. Static filled his eardrums as he struggled to find a connection. No luck.  
Was there no other way to contact his friends? Rune looked at the device in defeat, pondering if smacking it by the side would fix it. Dominator would probably yell at him for that, but at least he’ll get a good laugh out of it.    
“Elsword?” 
“Ack!” Rune tossed his communicator in the air, juggling it between his two hands before stuffing it in his jacket pocket. His shoulders relaxed when he saw a pair of eyes the color of the Hamel sea. “Hi, uh… Chung. What’s up?” 
“Do you mind if I join?” Crusader pointed at the patch of grass beside Rune, “We won’t be moving until everyone is well-rested.” 
Rune shook his head, biting the side of his cheek. What was he going to do? Say no and tell Crusader to go elsewhere? Discomfort edged in the back of his mind at the thought of shooing the other male away. He scooted to the side and made room for the guardian, pulling his legs into a criss-cross with his arms on his lap. Next to the full armored Crusader, Rune felt naked and exposed to the elements in his unbuttoned white jacket. 
Phantom once explained to Rune about the material used for the armor Hamel soldiers donned in combat. There was a science in making the white armor durable enough to absorb damage in battles, but light enough for the wearer to stay on their toes and avoid detection by the enemy. The armor and destroyer made Crusader reminiscent to Helputt, who Rune had met briefly before he left to fend off the demon army. Would Phantom still have a father if their party found the elder Seiker earlier?   
“I’m sorry about how I’ve been treating you.” Crusader rested his cannon against the tree trunk. “I should have listened to you and now we’re in this mess.”
“I’m not sure if that would make a difference,” Rune closed his eyes. “Carrying me off without an explanation isn’t a well-thought plan.” 
Crusader stared at the rune user but agreed, “I guess not…” 
“Never thought Raven was the impulsive type.” 
“What is he?” 
Rune grinned, “a bird.”
“I’m being serious,” the guardian deadpanned.  
“How can you say I wasn’t?” Rune covered his chest with one gloved hand, “that really hurt. I thought we had something together.” 
Crusader turned his head away and let out a quiet huff, sweeping his bangs to the side. He wasn’t going to ignore Rune, was he? Not even an acknowledgment of his ridiculous statement? Phantom would have thought it was funny, Rune looked at the guardian in disbelief. 
A pointed hair ornament held his ponytail together and gave the guardian a regal look like the princes that lived inside Rune’s storybooks. His facial features were Phantom’s, yet they were different. Was it because Rune was aware that this was not the Chung he traveled with? Or was it because Crusader held caution in approaching him as if he was an abnormality? Someone to be wary of?  
“Why are you in Demon Realm?” Crusader asked. 
“Can’t a guy take a scenic stroll?” Rune dropped his smile when he realized he wasn’t going to get a response from Crusader until he dropped the facade. “It’s the same reason as your Elsword. We’re looking for information about the Dark El and the El is unstabilized again because of me.”
“The El,” he echoed. Recognition flashed in Crusader’s face, horror and guilt pained in his eyes. “Unstable because of you? Elsword, that isn’t your fault-”
 “Call me Rune,” he interrupted. Rune was not going to deal with the confusion of two Elswords if they were going to talk about him. It hurt to see Phantom’s look-alike show undeserved solemnity for a carbon-copy of their leader.  
“You’re just as foolish as him,” Crusader said without venom. “Don’t take the blame for everything when it’s our fault too.”
Ah, this conversation again. He could feel Crusader’s fixed stare into the back of his neck. It wasn’t fair feeling complacent in talking to a man who looked so much like Phantom. So serious, yet had his emotions out on display like a playbook. Rune almost felt guilty for toying with him.   
“That’s what he said, too.” Rune let out a genuine laugh, “Did Elsword succeed?” Rune was hopeful. Did Knight find a way to stabilize the El without a human vessel?  
“No, the El is unstable.” 
His heart dropped. Nothing was different from his timeline? Rune glanced over to where the rest of the El Search Party were. Moonlight shone across to where he and Crusader sat, just enough for Rune to make out the figures dressed in green, red, purple, and black huddled together. That must be Daybreaker talking to Empire and Rage. Their shadows leaned against the base of an overhauling tree lined by fluorescent moss. Rune could barely make out Doom Bringer’s silhouette with his weapons floating beside the brawler. Flowers bigger than them curled at the end of their sharp-edge petals, roots scrawled over the damp floor.  
Crusader turned his attention to where Rune’s was. Sitting at the base of the tree was Aether talking to Bluhen. The two had their heads close together, moving their lips in inaudible exchanges. Their quiet murmurs filled the emptiness between the deep parts of the forest. Crusader’s his eyes crinkling when he saw Aether explain something to Bluhen. 
Don’t be stupid, Rune scowled. That’s not Phantom. He and Oz have done collaborations in the past, but he didn’t see her like that. Phantom wasn’t interested in… No matter how similar they were, Crusader didn’t choose to become an assassin. They couldn’t be any more different. No need to get frustrated. 
“Is something wrong?” Crusader turned to face Rune.  
Rune held an unsteady gaze at the blond man, searching for signs of Phantom in the guardian. Same complexion and body structure, although it was hard to tell with the heavy armor plates. 
“Your crown thing,” Rune pointed at the hair ornament sitting at the back of Crusader’s head where the ponytail started. “It’s falling off.”  
“Oh, you mean this?” Crusader tugged and pulled it out. He ran the comb teeth through his hair, tucking it back and pulling his hair to make sure it stayed there. “Wow, you have an eye for this. Thanks!”            
“Sure,” Rune hated how hollow he sounded. The redhead sighed, “Doesn’t it bother you that both of us failed to stabilize the El?”
“It was our decision to rescue Elsword.” Crusader’s expression remained kind and patient. “Even if it meant risking the world, he meant more to us than the El.” 
“Placing your trust into one guy,” Rune tilted his head. “Is that a wise decision?”    
“Are we talking about you or Elsword?” Crusader asked. 
“Both.”  
Forget about holding accountability for a party of twelve. Rune never asked to be placed with the responsibility to keep the world in balance. He was no longer the awkward teenager searching for an adventure and place in the world, but doubt in himself remained. Why him? There were knights and soldiers more capable than him!  
“You’re not the only one searching for ways to keep the El alive.” Crusader got on his feet and offered a hand to Rune, “You have friends to help.” 
Rune accepted the male’s hand and was pulled up to his toes, shaking his legs from a bad case of pins and needles. “How do you know they don’t hate me for pulling them into all this?” 
“I don’t,” Crusader admitted. “But if they followed you into Demon Realm, I doubt they do.” He stole a glance at Aether again to see the mage leaving, “Let’s head back. Everyone’s waiting for us.”
“Thanks for the talk,” Rune looked at his scarless hands. How did Bluhen do it? He should ask if Richter could do the same. “I needed it.” 
The guardian smiled, “That’s what friends are for.” 
But we just met, was caught in the back of Rune’s throat when Crusader smiled. The rune user ducked his head and ran to catch up to the El Search Party crowding beside a giant flowering plant for shelter. He was surrounded by familiar faces, yet they were all new to him. Rune took a deep breath. The sooner he helped them find Knight, the closer he was to return to his friends. What a mess. 
---------------------------------------
Dominator 
Collecting battle data from their opponents was panning out to be better than Dominator ever could have hoped for. The butler and his demon brat were occupied by a disgruntled priest with no tack. Thanks to Anemos, the queen was worn down and allowed Dominator to come in and take down one of her main Nasods. Blade’s plan was to pull away three of the opposing team’s long-ranged fighters to reveal Apsara’s blind spots.  
“Don’t tell me this Nasod is all you have.” 
Dominator grabbed a broken Nasod arm and tossed it to the rest of the white armored Nasod beneath his feet. Disappointing. Has Esencia gone weak from the security of relying on her servants? Richter said she had more Nasods under her disposal. Where were they? 
“Oberon is a servant,” Esencia glared.   
“My apologies,” Dominator said with amusement. 
How interesting. The queen saw her subjects as sentient beings despite being their creator and programmer. Had Esencia been an organic lifeform, Dominator suspected she would have broken into angry tears over the damage he had done to the Nasod.    
“Ophelia!” Esencia ordered her servant, “Assault Spear!” 
Another Nasod rose from the ground with a spear almost twice her height. Ophelia, was it? Weapon pointing downward, Ophelia descended. Dynamo blocked most of the impact, shielding him from the attack. Pressured strained against Dominator, placing his weight to the back of his feet and gritting his teeth. 
Dominator gagged as dust and debris settled around him. It was going to take hours for him to wash out the dirt after this, he scowled. No matter, this battle should be easy. His eyes landed over to Ophelia, who had sparks flying from her forearms and one leg pulled back into a fighting stance. Just a little further and he should have enough information on the Nasod servant. 
“Drone Activator!” The tracking device shot in the form of missiles, aiming for Esencia. 
Ophelia dashed to take the hit for her queen. The device latched onto the Nasod’s stomach and flashed purple to signal the target’s location. Dominator reached for his panel as Dynamo alerted him on his opponent’s presence. Blood trickled down his leg as Dominator caught Esencia firing electric shocks alongside her Nasods. His vision went red as Dominator experienced high voltage of electricity traveling through his body. 
Dominator snarled and bared his teeth. He wasn’t going to let Dynamo and his armor reach their limits before passing out. Not when he was close to acquiring data on another model of Eve. Sparks flew from Dynamo as Dominator installed a set of drones at his feet. Lasers fired and rained down on his opponents, casting harsh lighting against the dense forest.     
Launching herself up into the air, Esencia fired electron balls as she glided away from the explosion. Electric currents shot from Ophelia’s forearms before her exterior was decimated by the heat from Dominator’s Starfall. The Nasod’s outer shell cracked before she was recalled by Esencia. 
“Impressive,” Dominator stopped to catch his breath. His face stung from the bleeding, how troublesome. “You have separate Nasod units to address your limitations in battles and your powers are still functional. I wouldn’t expect less from the Nasod queen.”
Esencia had a core hidden behind her bangs. It shone a brilliant light despite the accumulating scratches from the current and previous battles. Most Nasods would have lasted in half the time Esencia did in their fight, but it helped when she had an array of servants to fight for her.  
“Surely you have something to say,” Dominator rubbed his chin. “Don’t you have questions to why you are no longer the only Nasod queen? Do you realize that means there are multiple timelines existing in different dimensions?” 
“Be quiet,” Esencia said. “Unless you know where Elsword is, discussing this is pointless.” 
“The red menace?” Dominator snorted, “Don’t make me laugh! You have him. I am-”
“Annoying,” Esencia looked down at the scientist. “You talk a lot.” 
Ouch. 
“Blunt as ever, I see.” Dominator wiped the blood trickling his mouth with his sleeve and grinned. “Why are you fighting me then? Certainly not because you want to listen to my lovely voice.” 
“Elsword is missing and was last seen with yours.” 
“An idiot attracting another idiot,” Dominator commented.
Learning that Rune cooperated with the other Elsword was valuable information the El Search Party would find helpful. The scientist froze when he saw a shadow from above, a giant mechanical arm summoned over Dominator’s head. It slammed into the ground, sending seismic waves vibrating through the ground. 
Heaven’s Fist missed Dominator by mere inches as he phase shifted to a higher place. Rocks shot from the ground up and tossed him around, applying pressure and shoving him to the side. His body protested in the rough treatment and to the metallic taste in his mouth as Dominator crawled on his fours.  
“Don’t be rude,” Esencia glared.  
Looks like he hit a sore spot when it concerned the opposing team’s Elbrat.       
“Apocalypse!”
Screens surrounded Dominator before he summoned Nasod cubes to unionize into one several times their size. They moved together as a unit and followed their master in search of a target. Individual cubes rearranged themselves to resemble a flower. Apocalypse shot lasers from the end of its petals and fired missiles. They exploded as they came into contact with an invisible dome protecting Esencia.  
A shadowed figure formed from the dust. Esencia’s third Nasod assistant wore a white trench coat over a pair of black boots with a gold visor hiding his eyes. He landed feet first with his head lowered, bowing to Esencia and wielding a blade. Nasods obey their creators, but the ones under Esencia’s command treated her like their ruler. Were their codes based on human behavior or was it simply them recognizing Esencia as the Nasod queen? 
“Ferdinand, battle mode!” Esencia cried. 
The Nasod dashed forward, electric currents traveled through his blade and struck. Sparks clashed between Ferdinand’s blade and Dynamo, absorbing the impact and reflecting electric shocks to the Nasod. Apocalypse fired a particle beam at the Nasod, forcing Ferdinand to recede from Dominator.    
Dominator summoned a drone and activated it midair. A black hole formed around the drones and caused an air suction, pulling the Nasod servant and his queen away from the ground. He launched a drone and attached it to his target. Numbers appeared on Dominator’s screen in a countdown only visible to the scientist. The smell of burning metal filled his nostrils as the explosives set off on Esencia’s body and stunned the ruler. Charged Impulser released its hold and Esencia collapsed to the floor.  
Apocalypse hovered over the scientist and pointed the particle cannon to Ferdinand. Good, cube. Esencia’s Nasod servant zipped through the air with acrobatic grace, evading lasers and missiles from the destructive cube. Apocalypse trailed behind Ferdinand, nipping at his heels for lack of better wording.      
“What’s wrong, Eve?” Dominator taunted, “Did you run out of servants to fight for you?” 
It was interesting to note the destructive code’s absence in Esencia. Was the queen aware of the ancient code? Or did this timeline fail to raise the factors that could have pushed Esencia into becoming a destructive Nasod as Ultimate did? Not only did her appearance contrast Ultimate’s, but her stamina and how she fought suggested that her codes were a variation from her counterpart.    
Wait. Dominator turned his heels at a realization and checked his scans. His eyes widened. Esencia was still active. A lone figure blurred, too fast for his eyes to have time to come into focus. Electric currents crackled from the edge of Ferdinand’s blade. Hot pain erupted from Dominator’s body, red spots dotted and bled into his vision. Lightning struck his body and traveled down his chest. Dominator hissed in pain, closing his eyes shut and hugging his shoulder blade where Ferdinand had struck. His body shook, gloved hands drenched in blood and sweat. Dominator ignored Dynamo’s alerts flooding his screens.
Damn you, Eve.
Dynamo huddled together in defense when Dominator turned to face Esencia’s Nasod. Ferdinand raised his blade and swung past where Dominator’s head once was, turning to strike again before the Nasod’s body shone in bright light. Ferdinand’s body shuddered, his movements churned into a sluggish response before the Nasod vanished from sight. 
Dominator checked for Apocalypse’s status. Datalog said it wasn’t Apocalypse that forced Ferdinand to shutdown. Unless… The scientist pushed his screens aside and looked at where the queen was supposed to be.      
Esencia remained laid down with her porcelain face to the side and visible cracks on her body. She was in sleep mode and was conserving energy from a forced shut down. Her long figure was hidden by layers of a white gown smeared by red demonic dirt. A bulk of metal stuck out from her ribs at an odd angle, coming close to jabbing into someone’s leg. The elf had her foot over Esencia’s chest and rested her chin over one knee.     
Blood gushed from his shoulder and Dominator’s face turned red, moving his arms so he could use his jacket to stop it from further bleeding. The blood was going to seep through his clothes and he would have to wash it again. How troublesome. His stomach churned when she placed a hand over his arm.  
“How much does it hurt?” Anemos asked. “Are you okay with sitting?”
Dominator nodded, forcing himself to speak. “Ha, the queen is no pushover.”��
The elf supported his back with her hand and ushered him to rest against a tree trunk, lowering his body and making sure Dominator kept his balance. He closed his eyes shut and breathed through his mouth. It stung when he stretched his shoulders for Anemos to inspect. 
Anemos produced a thermos in her hand, twisting the top and opening to reveal crystalline liquid filled to the brim. A strange flower laid at the bottom of the thermos - white petals blooming out of its blue center. Steeped in boiling water for hours at a time, it had a bitter herbal taste that refused to leave Dominator’s mouth after taking a gulp with a pinched nose. It was a disgusting concoction (“Everything’s edible once you heat them up!” Ignia said with a wink.), but it somewhat lessened the pain by numbing his nerves.  
Dominator looked ahead, refusing to look as Anemos opened his bag. No matter how many battles he fought, he couldn’t stand the sight of blood on his own body. It reminded him too much of old memories he wanted to forget.   
He smelled the ointment she used for all occasions and applied pressure to the wound with a cotton ball. Mental images of a woman with white hair and gentle eyes flashed in his mind. The scientist fluttered his eyes open, careful not to move too much unless he wanted to feel his tendons sting. 
“I found valuable information that may help us,” Dominator blurted. “Elbrat was seen with theirs.” 
“The other Elsword?” Anemos added another cottonball to soak up the blood. She pulled out a bandage to wrap around his shoulder blade. “I did hear something about that, but I didn’t see anyone else with Elsword.” 
“Theirs have gone missing too,” he added. “Taking the brat as a replacement, huh? Ow!”
“I don’t think so,” Anemos tightened the bandage and sighed. “Their Eve mentioned looking for their Elsword even though ours is with them. They might have thought Elsword could help find him.” 
Hey, that was painful! She could have cut his blood circulation! Dominator directed his glares to the older woman, hoping she would recognize his annoyance and feel guilty. Anemos threw him a deadpan expression and might as well have shrugged, Nice try, Add. 
“Elsword this, Elsword that.” Dominator grumbled, “It’s always about that kid. We might as well find him ourselves so we can trade, I guess. Use him as a bargaining chip. Brat for a brat.”     
“We can do that,” Anemos had a thoughtful expression. “Are you telling the others?” 
The scientist covered a part of his face with one hand. “I didn’t think we were going to search for two. Are we spreading ourselves too thin?”   
“Let’s focus on finding their Elsword since we already know ours is with them.” 
Dominator snorted, “we’re going to need nicknames if we’re going to keep talking about them.” 
“Isn’t this something you enjoy talking about?” She asked. Anemos tucked in the ends of the bandage and washed her hands with water from a water bottle.  
“Yes,” Dominator chuckled with a smile. “Inconvenient, but fascinating nonetheless.”  
He saw Anemos shaking her head with no foul intent, a look of wonder she held when she didn’t quite understand what he was talking about. It didn’t bother him. No one in the El Search Party besides Ultimate had a true grasp of what he did. Ultimate wasn’t much of a conversationalist and Rune was more likely to ask him questions about his research than the Nasod queen herself. Hm, it was quiet without the red punk to fill the silence with his pointless chatter.
“Eat up,” Anemos offered him a tart, topped with vanilla buttercream frosting and jam made from Elysion’s star fruit. “You need to heal.”  
“They won’t be happy once they find her,” Dominator stole a glance to where Esencia laid. 
Restoring Esencia wasn’t his responsibility, but Dominator had a feeling the other El Search Party will try to make him do it anyway. Ugh. Nothing a few hours of repair couldn’t fix once she regained power, but he was worried. To his knowledge, Blade and Richter were still fighting if they hadn't returned or contacted them. 
“Let’s focus on getting back to Ain and Raven,” Anemos said. “They need our help.” 
The Star Fruit Tart kept its shape when Dominator broke it at the center to take a bite, a sweet but citrusy taste. He stuffed another tart into his mouth, snickering when Anemos shook her head again but smiled. Collecting battle data for the fox and the demons were worth the investigation. Fighting their teammates’ alternates was going to be interesting, Dominator mused. He left Esencia sitting upright against a flowering plant with her eyes closed before joining Anemos with Dynamo behind his heels.   
-----------------------------
Author Notes: Thank you for being so patient with me. Life has been busy for the past few months and I realized that the year is almost done. I will try my best to continue writing the later chapters in between busy hours. I miss writing these characters and I’m thankful for those who still stick around to read my works.
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sparklesandchalk · 5 years
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Sorry for the long post, but this is from the doctor that USAG just fired and some of it is quite interesting.
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Dear Gymnastics Friends & Family,
I want you to be able to see my statement regarding USA Gymnastics here without alteration. I hope this can help serve as a means to an end for a brighter future for our sport in the United States.
5/8/2019
The following statement (speaking notes) represent communication from Edward Nyman, Jr., only, and are not attributable to any other organization nor any other person or entity:
• First, I want to make it clear that I don’t blame ANY of the athletes, including Simone Biles, who spoke out on social media for the fact that I am no longer an employee of USA Gymnastics. I only wish them well! In fact, as a side note, the same evening that the “firestorm of tweets” was ongoing about athletes being unhappy regarding my hiring - in walks my daughter after getting home from practice... in her Simone Biles leotard - happy as can be! It IS ironic, however, that I came to USA Gymnastics SPECIFICALLY to help change the culture there to better protect THOSE VERY ATHLETES, and future athletes, by instilling new policies and procedures and in building an amazing team of medical professionals and science-driven initiatives. I would have NEVER been a hands-on practitioner for them because that isn’t what I do and wasn’t my role! In one word - my intended role was: OVERSIGHT. Had I been afforded the opportunity to speak with Simone or any of the other team members in ADVANCE of my hiring - I would have gladly done so - as I was there to help protect THEM. USAG should have made this clear in the press-release or before. Had athletes and their coaches had the opportunity to speak with me I believe their reaction would have been different.
• What I DO know is that athlete safety and wellness is of paramount importance to me. I applied to the position - and ultimately accepted the position - because watching the Nassar scandal unfold over the past few broke my heart. When I listened to, and watched, victim testimonies during the Nassar trial - I was moved by them. I really identified with the father (Randall Margraves) of one of the victims as he lunged toward the former doctor - because I could imagine myself in those shoes - as both of my children are also gymnasts.
• Though USA Gymnastics stated that a “conflict of interest” was identified, I don’t believe I had a conflict of interest at all. I was completely open and transparent throughout the entire application and interview process. This was a LONG process. I applied on January 18th and interviews went on throughout February and March. I was informed I was their selected candidate on April 1st. As such there was ample time to thoroughly vet me. I completed all background checks and social media checks and reference checks in a timely manner. IF there was a conflict to be found – they certainly had time to find one! They had AMPLE time! Some on social media have recently claimed that the “conflict” could have been the fact that my wife owns a USA Gymnastics member club. I reasonably assumed this fact was vetted and cleared - especially because they never asked about it once - not on paper, not in an email, and not in any of the multiple interviews conducted! And, please note that there are – to this day – USAG staff members who themselves, or their immediate family, own a USA Gymnastics member club – so how could that be a defined conflict of interest? I am outright dumbfounded that USAG now claims that they didn’t realize – in advance – that my wife owns a USAG member club because I personally spoke to Mark Busby (USAG attorney) last year when two inquiries were made to my wife about smaller-scale (nothing regarding sexual or physical abuse) purported training complaint with respect to coaches at her club at that time. After she had submitted responses to the inquiries regarding training complaints on such but had not heard back, I called member services to get more information (as any professional member could and should) about the process and was connected with Mr. Busby who was brand new to that position. He said he would check into the matter and get back to me. He later did and told me (over the phone) and my wife (in person at a USAG Congress – and in front of her colleague) that “there was no credible complaint to be concerned with going forward” and that she should “not worry about it.” She, rightfully, moved forward positively impacting the lives of young athletes as she has for over two decades as a coach and club owner. Please additionally make it clear here to all that I, Edward Nyman Jr., have never been an owner or co-owner of New Heights Gymnastics nor any other gymnastics facility.
• While I still do NOT know the reason USAG is claiming as the “reason” they asked me to resign or be terminated - I did insist that I would not resign because I didn’t do ANYTHING wrong. I was not only vetted thoroughly through the interview and hiring process but have been a USAG professional member in good standing for nearly two decades. I have not, nor has any facility I have ever worked in, received a single letter of complaint about me from USAG or Safe Sport in all the years I have been associated with gymnastics, in any capacity. What I fear, and now have mounting evidence to believe, is that I was fired because they realized in the very final days leading up to my first day on the job (and after I had already signed on the dotted line) that I was unwilling to “play ball” in their world and that I believed in a no tolerance transparency policy for all stakeholders in the sport – with an athlete-centered approach. When I reached out, via email, immediately upon arriving at my office to a critical current staff member to set-up a conference call who was said to be “off limits” due to an ongoing cover-up – I believe that was the straw that broke the camel’s back so to say – and they realized immediately that I was going to overturn their controlled story on such events. At that time, they gathered rapidly together and began digging for every possible angle that they could use to gather any plausible story to generate support for firing me therein keeping their secrets quiet! When Li Li called me in to tell me I must resign and I refused, she called Mark Busby into the office. He then explained he could dig deep enough to find “reasons” for conflicts at my wife’s club that could be made to sound plausible if he tried – and that just the perception of that was bad enoug. At that time I realized that they were effectively “WEAPONIZING” the “safe sport” system – something that turned my stomach. Despite the threat – I stood my ground because I didn’t come to USA Gymnastics to be part of the “old guard” but rather to be part of a future where athlete safety is the number one priority.
• Looking back, it shouldn’t have been such a surprise as to me as it was clear in the days leading up to, and including, my first day on the job that there were serious fundamental flaws in the organization. On my first day, Li Li, herself, admitted that the organization was, and I quote, “a house of cards”. She also stated that because of the looming risk of decertification by the USOC – their “PR” IMAGE WAS SO PRECAROUS (I BELIEVE NUCLEAR WAS HER EXACT TERM) - IT HAD TO BE PROTECTED AT ALL COSTS AND ABOVE EVERYTHING.
• In the week leading up to my start date, USAG’s own paid and designated legal and business consultant (Alison Alfers – who was hired to help USAG with ongoing leadership issues as of late fall) communicated with me regularly via email and phone calls and told me multiple times that there were many areas at USAG that had to be “treaded through carefully.” I was told that there were serious concerns about logistical competency of individuals in the athlete medical care areas including their ability to keep proper records on verifying the medical licenses of the outside care providers hired by USAG for events and camps. This person even stated that they believed at least one training day was recently missed in international competition due to logistical errors made by a sports medicine staff member. This individual also warned me that people connected to USAG would be leery of the changes I wanted to make and that there were already signs of push back. I was also told about who was competent and not - who was on the “chopping block” and who was “protected from such” and - most troublingly - was informed of a fairly recent and serious issue between a USAG staff member and athlete that was “tricky to navigate”. With respect to that issue, in particular, I was told that USAG previously wanted to terminate Stephanie Peters (men’s national team athletic trainer) but as they began preparing for such - allegations of inappropriate conduct toward that staff member by an athlete over 18 years of age had been brought to light and that everything was in a “holding pattern” and being “kept quiet” for PR reasons and that I would need to speak with “CJ” (USAG outside counsel – CJ Snyder) to determine how to move forward. I was really troubled by this – “sweeping things under the rug” is not something I stand for! With that said - now that I have looked back on this issue over the past few days – I do find it oddly coincidental that USAG announced - just this past March - that U110 (SafeSport training) was being immediately required for all USAG ATHLETE participants 18 and over. Maybe it is just a strange coincidence?... or maybe the situation being “kept quiet” and the new policy are related – only USAG knows for sure.
• I am a long-time advocate for the safety of the athletes in the sport of gymnastics. I did not put athlete safety at risk! The public statements made by USA Gymnastics about their termination of me have been vague and, I believe, purposely intended to leave room for inappropriate interpretation. I also have evidence to believe that they are using fake social media accounts to further this effort. As a result of their actions, some on social media have even “gone there” in assuming this termination was related to some level of sexual abuse or physical misconduct. NOTHING COULD BE FURTHER FROM THE TRUTH! My reputation is now severely tarnished! The related media coverage has generated over 130 million digital “impressions” that can’t be unseen.
• I came to USA Gymnastics, giving up a successful academic career – after having just received tenure two months prior – and upended my career and family life - a task that is not as easy as ‘flipping a switch’ – and one that takes great personal and professional sacrifice - to come to USAG to make serious changes for the benefit of the athletes there. I had spent nearly two decades training and preparing for this opportunity to be a change agent for a cause such as this. Years of sacrifice that, because of USA Gymnastics, have been tarnished – as has my professional reputation. I was willing to give up my career and precious time with my children to be an agent of change.
• Ultimately, I believe that “change” scared some of those on top who have “a lot to lose” in the days leading up to this past Monday. I wanted to believe that they had learned from their past mistakes - but I fear little has changed. It is relevant to note that my concerns for athlete safety have been ignored before and I believe they may have recently realized that I had an agenda to expose issues and demand changes and they began to search for any sliver of an excuse to terminate me. The morning I started at USAG – I watched Li Li quickly gather many staff members and her legal team and board members for a meeting shortly after my announcement and much chaos was evident as they scrambled around. I fear that they emerged with a plan to cut my plans for sweeping reform and whistle-blowing efforts off before I could get started.
• I believe the purpose of a National Governing Body is first and foremost to protect the athletes and to provide tools to help guide their path in the sport. I feel those at the top of USAG, however, have fostered a “machine” designed for one purpose - public relations, marketing and branding of the sport with a focus on bringing in large revenue dollars from corporate sponsorship. In my opinion, IMAGE IS EVERYTHING to them and they just want to “get through” their ongoing lawsuits as soon as possible so that they can get back to bringing in corporate dollars and maintaining the same culture they have had in place. Do I think it is time for a massive overhaul or another organization to take on the mantle of NGB...? Yes. While I do believe that there are some good people still inside the organization, unfortunately, I see no other path forward for the well-being of the athletes in this great sport. Gymnastics itself is not inherently flawed. It is an amazing sport and the majority of coaches and clubs out there are truly out there for the right reasons. They need a completely new organization that will protect them. In politics one might say it is time to “drain the swamp” that is USA Gymnastics so that athlete safety can truly come first!
----- RESPONSE TO FALSE ALLEGATIONS BELOW ------
I also want to take the chance to set the record straight on FALSE claims made by USAG to the media in an effort to defame my character and that of my wife and her staff and gym:
- I have NOT received any report of any credible misconduct allegations (from USA Gymnastics or Safe Sport) relating to me – this includes the insulation that I was “conducting physical exams” on athletes. That is a ridiculous claim. What I DO is provide an OPTIONAL functional movement-type screening program for athletes who choose to use this service. This process is NOT a medical exam in any way. It consists of biomechanical visual observation of lunge, squat, shoulder range of motion, jump landings, and ankle and spine range of motion analysis to identify apparent asymmetry or weakness such that appropriate customized injury prevention programs can be built for each athlete. This is consistent with my area of expertise – end of story.
- With respect to my wife, Amy Nyman: As with nearly any coach in the US today that coaches at a very high level – nearly all of her current and former athletes will state that they have not only risen to become better gymnasts under the tutelage of her and her staff, but better young women and better members of society. The insinuation that she and her staff are verbally and emotionally abusive is absolutely false. No coach or program can make all people happy (and especially not in the case of helicopter parents who “want” their kid to win more than the athlete wants it). She is a highly passionate and driven coach with high standards – but is NOT abusive. Never has been and never will be. It’s simply not in her DNA.
- With respect to the inaccurate accusation that the New Heights coaching staff abuses alcohol in the presence of minors under their care – this, too, is absolutely false. The safety and well-being of the athlete is ALWAYS their primary focus. While a coach is permitted a glass of wine with dinner during celebratory meals while traveling – the athletes are always under care of their parents, guardians, or chaperones at said meals. This is consistent with NHG company policy. End of story.
- With respect to the allegations that athletes were pressured to train or compete while injured or while physically or mentally prepared to perform – again this is FALSE. Proper progressions for skills (physically and mentally) is ingrained in the NHG coaching system and injury management protocols are customized for every athlete under the guidance of the physician of their choice. New Heights is fortunate to have access to a network of brilliant physicians who are able to offer guidance and care nearly immediately after an injury – but even this network is not required to be utilized. The athletes and parents have autonomy in their medical care – always – as it should be in any youth sport!
- Lastly, while it is clear that no path remains for USAG to continue in its current form – may the NEXT organization be athlete-centric first and foremost but yet not lose sight of the thousands of great coaches and clubs that provide safe and wonderful life-long memories and opportunities for athletes in the sport of gymnastics. No coach, no club, no athlete, no parent, and no administrators are perfect. What makes this world – and this sport – so great is that we succeed DESPITE being imperfect. We succeed because we love to see that first kip, that stuck dismount with a smile after a fall mid-routine, and that little girl who just keeps getting up because LIFE will continue to knock any one of us down. We teach the art of getting back up – and the medium of doing so is this beautiful sport.
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sersi · 5 years
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Is it bad that I don’t go to the convention? I don’t have that kind of money but at the same time it doesn’t feel like I’m a valid fan or love these things as much as everyone else who goes to these things and meets the actors which is my dream to meet Evans. Even though I know that’ll never happen. But I do love the marvel fandom more then anything I just feel I’m missing out on a big part that brings everyone together. Cause I can’t go to a con
It’s not a bad thing at all, anon! I don’t really think that being a fan or your worth as a fan should be tied in to your (financial, physical, etc.) resources or even your interest in doing insane and sometimes really expensive things. Further, while cons are something of a community experience, as someone who has gone to a lot of them + been in fandom for a long time, this doesn’t mean that there aren’t other ways of finding or engaging with your particular fan community. To further explain my perspective/because I don’t know how to talk about cons without being a bit long winded, I’ve sort of broken the rest of this answer down in a few parts, which are under the cut.
So, cons in general are not for everyone. When Tumblr was more active/had more people interested in going to San Diego Comic Con around here, I would sometimes get questions about whether or not someone would like SDCC or if SDCC was worth it. My answer to this would usually be some variation of “Can you handle crowds?” and “How much effort are you willing to put in?” If you’ve ever been Disneyland or some other popular theme park during a super busy summer day and had a hard time handling those crowds, SDCC would probably not always be that fun for you. Because the crowds are just as bad, if not worse at times. And if you’re someone who doesn’t like crowds and therefore has no interest or desire to ever go to a con, that doesn’t mean you’re less of a fan!! It just means you want to have a good time with fandom and not do things you hate 🤷🏽‍♀️!
The reason I mentioned effort is that it is another thing that is both incredibly important to your con experience. As someone who followed SDCC for years online before I ever went, it is easy to think that every single day you, as a con attendee, will be doing tons of fun things: seeing all the exclusive footage, doing signings, visiting cool offsites, etc. I love Comic Con, I have tons of fun at Comic Con, and I can tell you that, when attending the con, you will probably miss more things than you actually see. While not every line is long, a lot of them are and, depending on what your priorities are, you may end up having to devote a significant portion of your day (or, if we’re talking certain super high demand panels/activities, multiple days in some cases) to doing that one thing. The years when Marvel Studios attends, I have gone with that being my #1 priority and basically shaped the rest of my con around the time I have to devote to ensure that I will get into their panel. (In addition to missing all the other panels that are also on Saturday, some of which, at any other con, would absolutely be my top priority as well as the ability to try and pull for tickets for the Marvel movie signings, which are usually also on Saturday). 
Now, to me, this is worth it because I really, really, really want to see the exclusive footage and know that Marvel, historically, does not release most of what they show at the con online. (This is in contrast to WB, which tends to release everything or almost everything that is shown during their big Comic Con panel). However, it isn’t worth it to everyone (I have friends who’ve either stopped doing the Marvel panel or even going to SDCC entirely just because they got tired of the lines/time commitment) and that doesn’t mean they’re less of a fan than I am. I personally have the advantage, I guess, of being good at functioning on very little sleep during conventions and have never had any issues with crowds. Not everyone is like this! My younger sister, for example, is terrible at running on limited sleep for multiple days in a row and her ability to do stuff at SDCC is very much dependent on me being the one to wake up super early and go get in line.
For me, SDCC is a community experience–I have friends who I met at cons and only see at cons as well as friends who I became closer to through meeting in person at a con. However, for big cons like SDCC, where a lot of things are being announced and released, I think there is just as active and viable a community experience online. And that experience is one that, as someone at the con, I usually end up missing. Most of the time, when I get home from SDCC, I end up spending a lot of time trying to catch up with all the announcements, interviews, memes, etc. that came out of the con and that I missed because I was busy standing in some line with shitty cell service or slowly dying while eating dinner because it’s 9:45 p.m., I haven’t had real food all day, and I’ve been up since 3:15 a.m.
So, if community is really what you want, I think that just being online, talking about what you’re excited for, what you’re looking forward to, etc. is one of the best ways to find that community. Having been in fandom since 2012, it’s been the weeks right after a new MCU movie drops that have really helped me form new friendships. For example, @captainwondyful and I “met” during the immediate aftermath of The Winter Soldier coming out/through the SamSteve tag and now we basically talk 24/7 and are meeting up to see Endgame together.
And, finally, because I couldn’t really figure out where else to put this, the conventions with exclusive footage and the conventions where people go and pay a lot of money to get autographs from/take pictures with assorted celebrities, are generally not the same conventions. SDCC, which gets, by far, the most big movie panels, is actually terrible for paid photo ops or autographs with celebrities because most of the celebrities who are there are being paid by the studio releasing their movie/tv show and, consequently, spend all of their time doing press. While there are tv/movie signings, pretty much all of them are done via lottery and most will have, at absolute best, 100 tickets (some will have much less than that). So, while some people do get to meet their favorite actor, at a convention with over 100,000 attendees, it is a very, very small group. (And, speaking from experience, the Marvel TV/movie signings are probably the hardest to get at this point). Personally, while I have met/gotten the autographs of some MCU actors, for the most part, I did it via waiting for movie premieres, not SDCC or any con with paid photo ops.
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melissawalker01 · 4 years
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Lien Attorney
Lien refers to the legal right a person has on another’s property if an obligation is not discharged. As an attorney is entitled to payment for services performed, the attorney has a claim on a client’s property until compensation is duly made. The right to an attorney’s lien may come from the common law or from specific state statutes.
Attorney’s lien refers to the right of a lawyer to hold a client’s property or money until payment has been made for legal aid and advice given. The property may include business files, official documents, and money awarded by a court. An attorney can exercise a charging lien or a retaining lien. Charging lien is an attorney’s right to a portion of the judgment that was won for the client through professional services. It is a specific lien and only covers a lawyer’s claim on money obtained in a particular action. Retaining lien is more general in scope and it allows an attorney to keep a client’s papers until the client has paid for the attorney’s services. However, attorney’s retaining lien is not recognized in some states. In general, a lien is a security interest used by a creditor to ensure payment by a debtor for money owed. Since an attorney is entitled to payment for services performed, the attorney has a claim on a client’s property until compensation is duly made.
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A charging lien is an attorney’s right to a portion of the judgment that was won for the client through professional services. It is a specific lien and only covers a lawyer’s claim on money obtained in a particular action. A retaining lien is more general in its scope. It extends to all of a client’s property that an attorney might come into possession of during the course of a lawsuit. Until an attorney is compensated for services, he or she has a claim or interest in such property.
What Types of Liens Are Seen as Good and Which Are Bad for My Credit? Creditors that allow purchases to be made through financing often require property to be pledged against a credit account. This property is known as collateral. Through the use of collateral, creditors establish a priority interest in the asset used to back the loan or line of credit. If you default on your repayment obligation, the creditor can place a lien on your property. Liens come in a number of forms under three broad categories: consensual, statutory, and judgment liens. But does having a lien affect your credit? The answer is it depends on which types of liens.
Types of Liens
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Will a lien show up on a credit report? Ultimately this question comes down to understanding the main types of liens. In short, consensual liens do not adversely affect your credit as long as repayment terms are satisfied. Statutory and judgment liens have a negative impact on your credit score and report, and they impact your ability to obtain financing in the future. Consensual liens (that are repaid) do not adversely affect your credit, while statutory and judgment liens have a negative impact on your credit score and report.
Consensual Liens
Consensual liens are those you consent to voluntarily, such as taking out a loan or line of credit. Residential mortgages, vehicles, and business assets fall under the category of consensual liens. As long as you make payments on the financing in line with the credit agreement, you retain ownership and control over your property. Consensual liens are visible on your credit report, but they do not have a negative impact unless the collateral is taken back by the creditor due to nonpayment.
Statutory Liens
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Mechanic’s liens and tax liens fall under the category of statutory liens. A mechanic’s lien is placed when a contractor or mechanic is not paid for work performed, and it represents a financial interest in the home, vehicle, or business on which the work took place. A tax lien is placed by the government when income, estate, or property taxes owed are not paid. Statutory liens can be detrimental to your credit as they stay listed for seven years.
Judgment Liens
As the most severe type of lien, judgments are the result of a court granting a financial interest in your property to a creditor. Judgment liens are common when personal or business property is used to satisfy damages incurred that are not wholly covered by insurance, such as a car accident or liability claim. Judgments remain on your credit report for up to seven years.
Mechanics’ Liens
A “mechanic’s” or “construction” lien protects the provider of services whose charges to the owner for repairs, improvements or maintenance have gone unpaid. These services have to be done to improve or maintain the value of the property. The contractor files the lien with the country recorder or clerk of court. Homeowners are responsible for charges by contractors as well as the subcontractors who, in theory, were to be paid by the contractor. Utah requires a 20-day notice to the owner before a contractor may file the lien.
Mortgage Lien
A lien on the property also exists when a mortgage loan is used to purchase the home. In exchange for use of the money needed to purchase the home, the lender has a legal claim on the property, as evidenced by the mortgage note that the borrower must sign at the sale closing. A mortgage lien, if unsatisfied by timely repayment of the loan, may result in a foreclosure by the lender and sale of the home at auction.
Tax Lien
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A tax lien may be filed against the property by the Internal Revenue Service for unpaid federal taxes or by the Franchise Tax Board for unpaid property taxes. A Notice of Lien is filed with the county recorder and, in the case of commercial property, with the secretary of state. The lien “encumbers” the property, and will prevent the owner from refinancing, selling or transferring the property unless the lien is satisfied. The IRS and the county tax assessor can also place liens on property for unpaid income taxes and property taxes.
Release of Lien
Liens can be released by the owner meeting the obligation on which the lien is based. When the obligation is met, the lien holder files a release with the country recorder where the lien was originally filed. If that is not done, the owner must present proof of satisfaction to the recorder and apply for release of the lien. Recorded liens are the subject of a title search whenever a property is the subject of a sales transaction, and for most loan applications secured by the property.
Credit Significance
Liens against your property can be recorded by credit-monitoring agencies and affect your credit rating, which in turn may affect your ability to secure other kinds of loans, both secured and unsecured. It is in the best interest of the property owner to satisfy all liens as soon as possible, as the presence of a lien on a home seriously affects its market value to potential buyers. For the client who receives an unreasonably high bill that is the result of unethical lawyering, waste or incompetence, these concerns can be overcome with a sensible, managed approach. There are steps you can take both during and after the engagement to communicate your concerns to your lawyer. Appropriate questioning of bills often leads to a mutually-agreed upon reduction, and can even strengthen the attorney-client relationship. Should all else fail, fee dispute litigation provides substantial relief from some relatively common examples of attorney overbilling, while protecting an attorney’s right to a reasonable fee. Points for clients to consider:
The Retention Letter Or Agreement Cannot Be Used To Justify An Unreasonable Fee
Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action. These provisions will be enforced, but only to the extent that the agreement is fairly negotiated, and the fee is reasonable under the circumstances. If either the agreement or the fee is later found by a court to be unfair, the court may either impose a smaller fee or disallow the fee in its entirety. Courts recognize that clients seldom have the experience or the inclination to negotiate every detail of their engagement agreement. Lawyers have form agreements that clients typically sign with little or no explanation, much less negotiation. In an effort to ensure that lawyers do not use superior experience or negotiating skills in drafting agreements with their clients, the Code of Professional Conduct and Responsibility that applies to all lawyers in Utah (other states have similar or identical codes) provides that an attorney “shall not enter into an agreement for, charge or collect an illegal or excessive fee.”
Any Promises Made By A Lawyer To A Client Will Be Enforced
While promises to a lawyer may be reviewed by a court, promises to a client will almost always be enforced. Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement. Courts and bar associations will review such “negotiations” for evidence that the attorney asserted improper leverage. You should not feel compelled to pay your lawyer more than what you agreed to pay him. Of course, there is nothing wrong with paying the lawyer a bonus to reward work well-done, but this is the client’s call.
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Diligence In Reviewing A Bill Can Save Money
Clients are best served by addressing a fee problem sooner rather than later. Good and honest lawyers will explain why your bill says what it says. They will admit mistakes if warranted, and suggest ways to minimize costs without jeopardizing results going forward. If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship. The downside of not raising billing concerns with your lawyer is substantial. You lose the chance to obtain a mutually-agreed upon reduction. The billing practice that offends you will no doubt continue. Finally, if the fee dispute ever gets litigated or arbitrated, your lawyer will claim that you consented to the disputed billing practice.
Courts Have Invalidated Many Methods Of Attorney Billing In Recent Years While a summary of the law surrounding legal fees is well beyond the scope of this article, a steady stream of state and federal court decisions in recent years have invalidated certain billing practices that are still relatively common. Some examples of billing practices often found to be improper:
• Overhead, administrative charges and clerical services. Unless specified in the retainer agreement or other agreement, you should not have hourly charges for non-legal personnel such as photocopy operators, secretaries, messengers, librarians or receptionists. Nor should you be paying for heating, air conditioning or word processing;
• Time spent on billing and collections. For example, if you call your lawyer to discuss your bill, and you see that call reflected on your next bill;
• Bills that have not been itemized to reflect services rendered. If you are being billed by the hour, you have a right to a bill that shows what your lawyer was doing, and when he was doing it;
• Excessive time to complete a task. While this can be subjective, courts have not hesitated to use their legal expertise to declare work on a given matter to be excessive;
• Excessive staffing of a case or transaction. From a law firm’s perspective, the more people billing, the better. Courts may evaluate a matter and determine whether the staffing was reasonable or excessive;
• Not enough delegation. Where a senior partner is billing at sky-high rates but spending a lot of time on routine legal work, such as preparing filings or reviewing documents, a Court may find that the bill is allowable, but at a lower rate;
• Evidence of double-billing. This is where a lawyer bills two or more clients for the same effort;
• Unannounced hourly rate increases;
• Time spent on training new lawyers, or lawyers unfamiliar with a certain field of law; and
• Undisclosed mark-ups on “contract” or “temp” lawyers hired by the law firm.
A Lawyer Cannot Necessarily Quit Representing You Because Of A Fee Dispute Lawyers will often threaten to withdraw from a case or transaction when a client misses a payment or two. The client than has two potentially unpleasant options either pay the lawyer what is possibly an unreasonable fee or spend even more money to hire another lawyer and get the second lawyer up to speed for the representation. A savvy client may consider a third option state a written objection to the reasonableness of the fee, pay some reasonable portion if warranted, and ask that the lawyer continue with the representation. Lawyers do not have an automatic right to stop representing a client in the event of a fee dispute. Of course, if you believe you have been overbilled, you may wish to fire your attorney, or the relationship may be soured on both ends to the extent that it does not make sense to continue. However, keeping your lawyer may be preferable to trying to find another one the lawyer will have fiduciary responsibilities, malpractice exposure, and a duty of zealous representation as long as he represents you.
A Lawyer Is Strictly Limited In What He Can Do To Collect His Fee
Like other businesses and professions, attorneys can take steps to collect accounts receivable. However, the lawyer’s unique role as fiduciary and legal advisor subjects him to more limitations on their conduct than other professionals. Utah ethics opinion prohibits lawyers from hiring a credit bureau to collect their accounts receivable. Moreover, a lawyer cannot use information learned during the course of the attorney-client relationship to apply pressure on a client for payment. Exceptions to this rule apply in attorney fee litigation and malpractice disputes, as the attorney can reveal information as necessary to defend himself or his fee. A lawyer is also prohibited from misleading the client into thinking that the lawyer’s claim for fees will prevail in fee dispute litigation. Lawyers frequently try to coerce payment by asserting an “attorneys’ lien” on all or part of a former client’s case file pending receipt of payment. Depending on whether the case or transaction is over, this can leave the client in the unenviable position of having to pay the fee to get much-needed papers for an ongoing legal matter. However, in practice a client operating in good faith has little to fear. If the client has a need for the documents in an ongoing matter, and a good faith basis for not paying a portion of the fee, lawyers cannot withhold critical papers. Even after the attorney-client relationship is over, the lawyer has a duty to assist in an orderly transition to replacement counsel to minimize prejudice to his former client.
A Lawyer Has Many More Reasons Than A Client To Avoid Fee Dispute Litigation
This does not suggest that fee dispute litigation is fun for anybody. Both sides should seek to settle such disputes whenever possible. Clients should certainly avoid fee litigation where they do not believe they have a strong case, or the amounts in dispute are not worth the effort. Lawyers have a right to make a living. Clients also run a substantial risk of losing a fee dispute, and paying the entire fee plus whatever fees they incurred in the fee dispute litigation. For lawyers, however, the stakes are much higher. A lawyer’s professional judgment is at issue in every fee dispute case. Failure to collect a large legal fee can endanger the lawyer’s standing in his firm and within the larger legal or client community. Fee collection claims often lead to ethical complaints, and counterclaims for malpractice, fraud, breach of fiduciary duty, or breach of contract. Even if a malpractice claim is weak the lawyer must ordinarily disclose the claim to his partners and malpractice insurer. It is often more palatable for the lawyer and the firm to strike a deal which allows them to collect some of their fee rather than go through the uncertainties of a court or arbitration process. Nor should the client be overly concerned that the “system” will protect the lawyer. Given the legion of cases disallowing legal fees, it is hard to make the case that the system is biased against the client. Judges are former lawyers who often take a pay cut when they leave the business of law. To be sure, some judges will identify with the lawyers. Others will recall their greedy former colleagues and be inclined to favor the client. Most will simply preside over the case without prejudice to either side.
Even If You Have Already Paid Your Lawyer, You May Be Entitled to Get Your Money Back
Fee disputes occasionally arise after the client has either advanced money in anticipation of services to be rendered (often called a “retainer” or “advance”) or tendered full payment for legal services already rendered. In either case, the client is ordinarily entitled to receive his money back if the lawyer has charged an unreasonable fee. Where money has been advanced in anticipation of future services, the lawyer is usually required to keep the money in a client trust account. The trust account money is considered property of the client in most jurisdictions. The lawyer has a right to withdraw the money after the fees are “earned” by the lawyer.
Any Unethical Behavior May Be Grounds For Total or Partial Forfeiture Of Fees
A lawyer is ordinarily not permitted to profit from unethical conduct that harms his client. This provides another ground for potentially challenging legal fees, even where the lawyer’s fees are otherwise reasonable. If the ethical transgression is slight or not related to the fees charged to the client, courts are less likely to order a forfeiture of fees. Where the transgression is serious and has a closer nexus to the fees, partial or total forfeiture is likely.
As a client questioning the propriety of your bills, ask yourself the following questions:
• Did my lawyer lie to me at any point in the representation?
• Did my lawyer fail to explain how this matter would be billed?
• Did my lawyer reveal any confidential information to third parties without my consent?
• Was my lawyer conflicted in any way from providing me with appropriate representation?
• Did my lawyer disobey any of my lawful instructions (not including disagreements which were discussed and resolved)?
• Did my lawyer treat advance or retainer payments as his own funds, or otherwise misappropriate my property?
• Was my lawyer incompetent in his performance of legal services? If you believe a “yes” answer is appropriate for any of these questions, and there is a lot of money involved, you should consult with another lawyer.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Attorney For Hotel Franchisee
Best Divorce Attorney Utah
Stop IRS Garnishment
Property Tax Attorney
Ponzi Scheme Law
Foreclosure Workouts
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Ascent Law St. George Utah Office
Ascent Law Ogden Utah Office
The post Lien Attorney first appeared on Michael Anderson.
from Michael Anderson https://www.ascentlawfirm.com/lien-attorney/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/631951837835264000
0 notes
Text
Lien Attorney
Lien refers to the legal right a person has on another’s property if an obligation is not discharged. As an attorney is entitled to payment for services performed, the attorney has a claim on a client’s property until compensation is duly made. The right to an attorney’s lien may come from the common law or from specific state statutes.
Attorney’s lien refers to the right of a lawyer to hold a client’s property or money until payment has been made for legal aid and advice given. The property may include business files, official documents, and money awarded by a court. An attorney can exercise a charging lien or a retaining lien. Charging lien is an attorney’s right to a portion of the judgment that was won for the client through professional services. It is a specific lien and only covers a lawyer’s claim on money obtained in a particular action. Retaining lien is more general in scope and it allows an attorney to keep a client’s papers until the client has paid for the attorney’s services. However, attorney’s retaining lien is not recognized in some states. In general, a lien is a security interest used by a creditor to ensure payment by a debtor for money owed. Since an attorney is entitled to payment for services performed, the attorney has a claim on a client’s property until compensation is duly made.
youtube
A charging lien is an attorney’s right to a portion of the judgment that was won for the client through professional services. It is a specific lien and only covers a lawyer’s claim on money obtained in a particular action. A retaining lien is more general in its scope. It extends to all of a client’s property that an attorney might come into possession of during the course of a lawsuit. Until an attorney is compensated for services, he or she has a claim or interest in such property.
What Types of Liens Are Seen as Good and Which Are Bad for My Credit? Creditors that allow purchases to be made through financing often require property to be pledged against a credit account. This property is known as collateral. Through the use of collateral, creditors establish a priority interest in the asset used to back the loan or line of credit. If you default on your repayment obligation, the creditor can place a lien on your property. Liens come in a number of forms under three broad categories: consensual, statutory, and judgment liens. But does having a lien affect your credit? The answer is it depends on which types of liens.
Types of Liens
youtube
Will a lien show up on a credit report? Ultimately this question comes down to understanding the main types of liens. In short, consensual liens do not adversely affect your credit as long as repayment terms are satisfied. Statutory and judgment liens have a negative impact on your credit score and report, and they impact your ability to obtain financing in the future. Consensual liens (that are repaid) do not adversely affect your credit, while statutory and judgment liens have a negative impact on your credit score and report.
Consensual Liens
Consensual liens are those you consent to voluntarily, such as taking out a loan or line of credit. Residential mortgages, vehicles, and business assets fall under the category of consensual liens. As long as you make payments on the financing in line with the credit agreement, you retain ownership and control over your property. Consensual liens are visible on your credit report, but they do not have a negative impact unless the collateral is taken back by the creditor due to nonpayment.
Statutory Liens
youtube
Mechanic’s liens and tax liens fall under the category of statutory liens. A mechanic’s lien is placed when a contractor or mechanic is not paid for work performed, and it represents a financial interest in the home, vehicle, or business on which the work took place. A tax lien is placed by the government when income, estate, or property taxes owed are not paid. Statutory liens can be detrimental to your credit as they stay listed for seven years.
Judgment Liens
As the most severe type of lien, judgments are the result of a court granting a financial interest in your property to a creditor. Judgment liens are common when personal or business property is used to satisfy damages incurred that are not wholly covered by insurance, such as a car accident or liability claim. Judgments remain on your credit report for up to seven years.
Mechanics’ Liens
A “mechanic’s” or “construction” lien protects the provider of services whose charges to the owner for repairs, improvements or maintenance have gone unpaid. These services have to be done to improve or maintain the value of the property. The contractor files the lien with the country recorder or clerk of court. Homeowners are responsible for charges by contractors as well as the subcontractors who, in theory, were to be paid by the contractor. Utah requires a 20-day notice to the owner before a contractor may file the lien.
Mortgage Lien
A lien on the property also exists when a mortgage loan is used to purchase the home. In exchange for use of the money needed to purchase the home, the lender has a legal claim on the property, as evidenced by the mortgage note that the borrower must sign at the sale closing. A mortgage lien, if unsatisfied by timely repayment of the loan, may result in a foreclosure by the lender and sale of the home at auction.
Tax Lien
youtube
A tax lien may be filed against the property by the Internal Revenue Service for unpaid federal taxes or by the Franchise Tax Board for unpaid property taxes. A Notice of Lien is filed with the county recorder and, in the case of commercial property, with the secretary of state. The lien “encumbers” the property, and will prevent the owner from refinancing, selling or transferring the property unless the lien is satisfied. The IRS and the county tax assessor can also place liens on property for unpaid income taxes and property taxes.
Release of Lien
Liens can be released by the owner meeting the obligation on which the lien is based. When the obligation is met, the lien holder files a release with the country recorder where the lien was originally filed. If that is not done, the owner must present proof of satisfaction to the recorder and apply for release of the lien. Recorded liens are the subject of a title search whenever a property is the subject of a sales transaction, and for most loan applications secured by the property.
Credit Significance
Liens against your property can be recorded by credit-monitoring agencies and affect your credit rating, which in turn may affect your ability to secure other kinds of loans, both secured and unsecured. It is in the best interest of the property owner to satisfy all liens as soon as possible, as the presence of a lien on a home seriously affects its market value to potential buyers. For the client who receives an unreasonably high bill that is the result of unethical lawyering, waste or incompetence, these concerns can be overcome with a sensible, managed approach. There are steps you can take both during and after the engagement to communicate your concerns to your lawyer. Appropriate questioning of bills often leads to a mutually-agreed upon reduction, and can even strengthen the attorney-client relationship. Should all else fail, fee dispute litigation provides substantial relief from some relatively common examples of attorney overbilling, while protecting an attorney’s right to a reasonable fee. Points for clients to consider:
The Retention Letter Or Agreement Cannot Be Used To Justify An Unreasonable Fee
Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action. These provisions will be enforced, but only to the extent that the agreement is fairly negotiated, and the fee is reasonable under the circumstances. If either the agreement or the fee is later found by a court to be unfair, the court may either impose a smaller fee or disallow the fee in its entirety. Courts recognize that clients seldom have the experience or the inclination to negotiate every detail of their engagement agreement. Lawyers have form agreements that clients typically sign with little or no explanation, much less negotiation. In an effort to ensure that lawyers do not use superior experience or negotiating skills in drafting agreements with their clients, the Code of Professional Conduct and Responsibility that applies to all lawyers in Utah (other states have similar or identical codes) provides that an attorney “shall not enter into an agreement for, charge or collect an illegal or excessive fee.”
Any Promises Made By A Lawyer To A Client Will Be Enforced
While promises to a lawyer may be reviewed by a court, promises to a client will almost always be enforced. Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement. Courts and bar associations will review such “negotiations” for evidence that the attorney asserted improper leverage. You should not feel compelled to pay your lawyer more than what you agreed to pay him. Of course, there is nothing wrong with paying the lawyer a bonus to reward work well-done, but this is the client’s call.
youtube
Diligence In Reviewing A Bill Can Save Money
Clients are best served by addressing a fee problem sooner rather than later. Good and honest lawyers will explain why your bill says what it says. They will admit mistakes if warranted, and suggest ways to minimize costs without jeopardizing results going forward. If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship. The downside of not raising billing concerns with your lawyer is substantial. You lose the chance to obtain a mutually-agreed upon reduction. The billing practice that offends you will no doubt continue. Finally, if the fee dispute ever gets litigated or arbitrated, your lawyer will claim that you consented to the disputed billing practice.
Courts Have Invalidated Many Methods Of Attorney Billing In Recent Years While a summary of the law surrounding legal fees is well beyond the scope of this article, a steady stream of state and federal court decisions in recent years have invalidated certain billing practices that are still relatively common. Some examples of billing practices often found to be improper:
• Overhead, administrative charges and clerical services. Unless specified in the retainer agreement or other agreement, you should not have hourly charges for non-legal personnel such as photocopy operators, secretaries, messengers, librarians or receptionists. Nor should you be paying for heating, air conditioning or word processing;
• Time spent on billing and collections. For example, if you call your lawyer to discuss your bill, and you see that call reflected on your next bill;
• Bills that have not been itemized to reflect services rendered. If you are being billed by the hour, you have a right to a bill that shows what your lawyer was doing, and when he was doing it;
• Excessive time to complete a task. While this can be subjective, courts have not hesitated to use their legal expertise to declare work on a given matter to be excessive;
• Excessive staffing of a case or transaction. From a law firm’s perspective, the more people billing, the better. Courts may evaluate a matter and determine whether the staffing was reasonable or excessive;
• Not enough delegation. Where a senior partner is billing at sky-high rates but spending a lot of time on routine legal work, such as preparing filings or reviewing documents, a Court may find that the bill is allowable, but at a lower rate;
• Evidence of double-billing. This is where a lawyer bills two or more clients for the same effort;
• Unannounced hourly rate increases;
• Time spent on training new lawyers, or lawyers unfamiliar with a certain field of law; and
• Undisclosed mark-ups on “contract” or “temp” lawyers hired by the law firm.
A Lawyer Cannot Necessarily Quit Representing You Because Of A Fee Dispute Lawyers will often threaten to withdraw from a case or transaction when a client misses a payment or two. The client than has two potentially unpleasant options either pay the lawyer what is possibly an unreasonable fee or spend even more money to hire another lawyer and get the second lawyer up to speed for the representation. A savvy client may consider a third option state a written objection to the reasonableness of the fee, pay some reasonable portion if warranted, and ask that the lawyer continue with the representation. Lawyers do not have an automatic right to stop representing a client in the event of a fee dispute. Of course, if you believe you have been overbilled, you may wish to fire your attorney, or the relationship may be soured on both ends to the extent that it does not make sense to continue. However, keeping your lawyer may be preferable to trying to find another one the lawyer will have fiduciary responsibilities, malpractice exposure, and a duty of zealous representation as long as he represents you.
A Lawyer Is Strictly Limited In What He Can Do To Collect His Fee
Like other businesses and professions, attorneys can take steps to collect accounts receivable. However, the lawyer’s unique role as fiduciary and legal advisor subjects him to more limitations on their conduct than other professionals. Utah ethics opinion prohibits lawyers from hiring a credit bureau to collect their accounts receivable. Moreover, a lawyer cannot use information learned during the course of the attorney-client relationship to apply pressure on a client for payment. Exceptions to this rule apply in attorney fee litigation and malpractice disputes, as the attorney can reveal information as necessary to defend himself or his fee. A lawyer is also prohibited from misleading the client into thinking that the lawyer’s claim for fees will prevail in fee dispute litigation. Lawyers frequently try to coerce payment by asserting an “attorneys’ lien” on all or part of a former client’s case file pending receipt of payment. Depending on whether the case or transaction is over, this can leave the client in the unenviable position of having to pay the fee to get much-needed papers for an ongoing legal matter. However, in practice a client operating in good faith has little to fear. If the client has a need for the documents in an ongoing matter, and a good faith basis for not paying a portion of the fee, lawyers cannot withhold critical papers. Even after the attorney-client relationship is over, the lawyer has a duty to assist in an orderly transition to replacement counsel to minimize prejudice to his former client.
A Lawyer Has Many More Reasons Than A Client To Avoid Fee Dispute Litigation
This does not suggest that fee dispute litigation is fun for anybody. Both sides should seek to settle such disputes whenever possible. Clients should certainly avoid fee litigation where they do not believe they have a strong case, or the amounts in dispute are not worth the effort. Lawyers have a right to make a living. Clients also run a substantial risk of losing a fee dispute, and paying the entire fee plus whatever fees they incurred in the fee dispute litigation. For lawyers, however, the stakes are much higher. A lawyer’s professional judgment is at issue in every fee dispute case. Failure to collect a large legal fee can endanger the lawyer’s standing in his firm and within the larger legal or client community. Fee collection claims often lead to ethical complaints, and counterclaims for malpractice, fraud, breach of fiduciary duty, or breach of contract. Even if a malpractice claim is weak the lawyer must ordinarily disclose the claim to his partners and malpractice insurer. It is often more palatable for the lawyer and the firm to strike a deal which allows them to collect some of their fee rather than go through the uncertainties of a court or arbitration process. Nor should the client be overly concerned that the “system” will protect the lawyer. Given the legion of cases disallowing legal fees, it is hard to make the case that the system is biased against the client. Judges are former lawyers who often take a pay cut when they leave the business of law. To be sure, some judges will identify with the lawyers. Others will recall their greedy former colleagues and be inclined to favor the client. Most will simply preside over the case without prejudice to either side.
Even If You Have Already Paid Your Lawyer, You May Be Entitled to Get Your Money Back
Fee disputes occasionally arise after the client has either advanced money in anticipation of services to be rendered (often called a “retainer” or “advance”) or tendered full payment for legal services already rendered. In either case, the client is ordinarily entitled to receive his money back if the lawyer has charged an unreasonable fee. Where money has been advanced in anticipation of future services, the lawyer is usually required to keep the money in a client trust account. The trust account money is considered property of the client in most jurisdictions. The lawyer has a right to withdraw the money after the fees are “earned” by the lawyer.
Any Unethical Behavior May Be Grounds For Total or Partial Forfeiture Of Fees
A lawyer is ordinarily not permitted to profit from unethical conduct that harms his client. This provides another ground for potentially challenging legal fees, even where the lawyer’s fees are otherwise reasonable. If the ethical transgression is slight or not related to the fees charged to the client, courts are less likely to order a forfeiture of fees. Where the transgression is serious and has a closer nexus to the fees, partial or total forfeiture is likely.
As a client questioning the propriety of your bills, ask yourself the following questions:
• Did my lawyer lie to me at any point in the representation?
• Did my lawyer fail to explain how this matter would be billed?
• Did my lawyer reveal any confidential information to third parties without my consent?
• Was my lawyer conflicted in any way from providing me with appropriate representation?
• Did my lawyer disobey any of my lawful instructions (not including disagreements which were discussed and resolved)?
• Did my lawyer treat advance or retainer payments as his own funds, or otherwise misappropriate my property?
• Was my lawyer incompetent in his performance of legal services? If you believe a “yes” answer is appropriate for any of these questions, and there is a lot of money involved, you should consult with another lawyer.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Attorney For Hotel Franchisee
Best Divorce Attorney Utah
Stop IRS Garnishment
Property Tax Attorney
Ponzi Scheme Law
Foreclosure Workouts
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Ascent Law St. George Utah Office
Ascent Law Ogden Utah Office
The post Lien Attorney first appeared on Michael Anderson.
from Michael Anderson https://www.ascentlawfirm.com/lien-attorney/
0 notes
coming-from-hell · 4 years
Text
Lien Attorney
Lien refers to the legal right a person has on another’s property if an obligation is not discharged. As an attorney is entitled to payment for services performed, the attorney has a claim on a client’s property until compensation is duly made. The right to an attorney’s lien may come from the common law or from specific state statutes.
Attorney’s lien refers to the right of a lawyer to hold a client’s property or money until payment has been made for legal aid and advice given. The property may include business files, official documents, and money awarded by a court. An attorney can exercise a charging lien or a retaining lien. Charging lien is an attorney’s right to a portion of the judgment that was won for the client through professional services. It is a specific lien and only covers a lawyer’s claim on money obtained in a particular action. Retaining lien is more general in scope and it allows an attorney to keep a client’s papers until the client has paid for the attorney’s services. However, attorney’s retaining lien is not recognized in some states. In general, a lien is a security interest used by a creditor to ensure payment by a debtor for money owed. Since an attorney is entitled to payment for services performed, the attorney has a claim on a client’s property until compensation is duly made.
youtube
A charging lien is an attorney’s right to a portion of the judgment that was won for the client through professional services. It is a specific lien and only covers a lawyer’s claim on money obtained in a particular action. A retaining lien is more general in its scope. It extends to all of a client’s property that an attorney might come into possession of during the course of a lawsuit. Until an attorney is compensated for services, he or she has a claim or interest in such property.
What Types of Liens Are Seen as Good and Which Are Bad for My Credit? Creditors that allow purchases to be made through financing often require property to be pledged against a credit account. This property is known as collateral. Through the use of collateral, creditors establish a priority interest in the asset used to back the loan or line of credit. If you default on your repayment obligation, the creditor can place a lien on your property. Liens come in a number of forms under three broad categories: consensual, statutory, and judgment liens. But does having a lien affect your credit? The answer is it depends on which types of liens.
Types of Liens
youtube
Will a lien show up on a credit report? Ultimately this question comes down to understanding the main types of liens. In short, consensual liens do not adversely affect your credit as long as repayment terms are satisfied. Statutory and judgment liens have a negative impact on your credit score and report, and they impact your ability to obtain financing in the future. Consensual liens (that are repaid) do not adversely affect your credit, while statutory and judgment liens have a negative impact on your credit score and report.
Consensual Liens
Consensual liens are those you consent to voluntarily, such as taking out a loan or line of credit. Residential mortgages, vehicles, and business assets fall under the category of consensual liens. As long as you make payments on the financing in line with the credit agreement, you retain ownership and control over your property. Consensual liens are visible on your credit report, but they do not have a negative impact unless the collateral is taken back by the creditor due to nonpayment.
Statutory Liens
youtube
Mechanic’s liens and tax liens fall under the category of statutory liens. A mechanic’s lien is placed when a contractor or mechanic is not paid for work performed, and it represents a financial interest in the home, vehicle, or business on which the work took place. A tax lien is placed by the government when income, estate, or property taxes owed are not paid. Statutory liens can be detrimental to your credit as they stay listed for seven years.
Judgment Liens
As the most severe type of lien, judgments are the result of a court granting a financial interest in your property to a creditor. Judgment liens are common when personal or business property is used to satisfy damages incurred that are not wholly covered by insurance, such as a car accident or liability claim. Judgments remain on your credit report for up to seven years.
Mechanics’ Liens
A “mechanic’s” or “construction” lien protects the provider of services whose charges to the owner for repairs, improvements or maintenance have gone unpaid. These services have to be done to improve or maintain the value of the property. The contractor files the lien with the country recorder or clerk of court. Homeowners are responsible for charges by contractors as well as the subcontractors who, in theory, were to be paid by the contractor. Utah requires a 20-day notice to the owner before a contractor may file the lien.
Mortgage Lien
A lien on the property also exists when a mortgage loan is used to purchase the home. In exchange for use of the money needed to purchase the home, the lender has a legal claim on the property, as evidenced by the mortgage note that the borrower must sign at the sale closing. A mortgage lien, if unsatisfied by timely repayment of the loan, may result in a foreclosure by the lender and sale of the home at auction.
Tax Lien
youtube
A tax lien may be filed against the property by the Internal Revenue Service for unpaid federal taxes or by the Franchise Tax Board for unpaid property taxes. A Notice of Lien is filed with the county recorder and, in the case of commercial property, with the secretary of state. The lien “encumbers” the property, and will prevent the owner from refinancing, selling or transferring the property unless the lien is satisfied. The IRS and the county tax assessor can also place liens on property for unpaid income taxes and property taxes.
Release of Lien
Liens can be released by the owner meeting the obligation on which the lien is based. When the obligation is met, the lien holder files a release with the country recorder where the lien was originally filed. If that is not done, the owner must present proof of satisfaction to the recorder and apply for release of the lien. Recorded liens are the subject of a title search whenever a property is the subject of a sales transaction, and for most loan applications secured by the property.
Credit Significance
Liens against your property can be recorded by credit-monitoring agencies and affect your credit rating, which in turn may affect your ability to secure other kinds of loans, both secured and unsecured. It is in the best interest of the property owner to satisfy all liens as soon as possible, as the presence of a lien on a home seriously affects its market value to potential buyers. For the client who receives an unreasonably high bill that is the result of unethical lawyering, waste or incompetence, these concerns can be overcome with a sensible, managed approach. There are steps you can take both during and after the engagement to communicate your concerns to your lawyer. Appropriate questioning of bills often leads to a mutually-agreed upon reduction, and can even strengthen the attorney-client relationship. Should all else fail, fee dispute litigation provides substantial relief from some relatively common examples of attorney overbilling, while protecting an attorney’s right to a reasonable fee. Points for clients to consider:
The Retention Letter Or Agreement Cannot Be Used To Justify An Unreasonable Fee
Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action. These provisions will be enforced, but only to the extent that the agreement is fairly negotiated, and the fee is reasonable under the circumstances. If either the agreement or the fee is later found by a court to be unfair, the court may either impose a smaller fee or disallow the fee in its entirety. Courts recognize that clients seldom have the experience or the inclination to negotiate every detail of their engagement agreement. Lawyers have form agreements that clients typically sign with little or no explanation, much less negotiation. In an effort to ensure that lawyers do not use superior experience or negotiating skills in drafting agreements with their clients, the Code of Professional Conduct and Responsibility that applies to all lawyers in Utah (other states have similar or identical codes) provides that an attorney “shall not enter into an agreement for, charge or collect an illegal or excessive fee.”
Any Promises Made By A Lawyer To A Client Will Be Enforced
While promises to a lawyer may be reviewed by a court, promises to a client will almost always be enforced. Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement. Courts and bar associations will review such “negotiations” for evidence that the attorney asserted improper leverage. You should not feel compelled to pay your lawyer more than what you agreed to pay him. Of course, there is nothing wrong with paying the lawyer a bonus to reward work well-done, but this is the client’s call.
youtube
Diligence In Reviewing A Bill Can Save Money
Clients are best served by addressing a fee problem sooner rather than later. Good and honest lawyers will explain why your bill says what it says. They will admit mistakes if warranted, and suggest ways to minimize costs without jeopardizing results going forward. If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship. The downside of not raising billing concerns with your lawyer is substantial. You lose the chance to obtain a mutually-agreed upon reduction. The billing practice that offends you will no doubt continue. Finally, if the fee dispute ever gets litigated or arbitrated, your lawyer will claim that you consented to the disputed billing practice.
Courts Have Invalidated Many Methods Of Attorney Billing In Recent Years While a summary of the law surrounding legal fees is well beyond the scope of this article, a steady stream of state and federal court decisions in recent years have invalidated certain billing practices that are still relatively common. Some examples of billing practices often found to be improper:
• Overhead, administrative charges and clerical services. Unless specified in the retainer agreement or other agreement, you should not have hourly charges for non-legal personnel such as photocopy operators, secretaries, messengers, librarians or receptionists. Nor should you be paying for heating, air conditioning or word processing;
• Time spent on billing and collections. For example, if you call your lawyer to discuss your bill, and you see that call reflected on your next bill;
• Bills that have not been itemized to reflect services rendered. If you are being billed by the hour, you have a right to a bill that shows what your lawyer was doing, and when he was doing it;
• Excessive time to complete a task. While this can be subjective, courts have not hesitated to use their legal expertise to declare work on a given matter to be excessive;
• Excessive staffing of a case or transaction. From a law firm’s perspective, the more people billing, the better. Courts may evaluate a matter and determine whether the staffing was reasonable or excessive;
• Not enough delegation. Where a senior partner is billing at sky-high rates but spending a lot of time on routine legal work, such as preparing filings or reviewing documents, a Court may find that the bill is allowable, but at a lower rate;
• Evidence of double-billing. This is where a lawyer bills two or more clients for the same effort;
• Unannounced hourly rate increases;
• Time spent on training new lawyers, or lawyers unfamiliar with a certain field of law; and
• Undisclosed mark-ups on “contract” or “temp” lawyers hired by the law firm.
A Lawyer Cannot Necessarily Quit Representing You Because Of A Fee Dispute Lawyers will often threaten to withdraw from a case or transaction when a client misses a payment or two. The client than has two potentially unpleasant options either pay the lawyer what is possibly an unreasonable fee or spend even more money to hire another lawyer and get the second lawyer up to speed for the representation. A savvy client may consider a third option state a written objection to the reasonableness of the fee, pay some reasonable portion if warranted, and ask that the lawyer continue with the representation. Lawyers do not have an automatic right to stop representing a client in the event of a fee dispute. Of course, if you believe you have been overbilled, you may wish to fire your attorney, or the relationship may be soured on both ends to the extent that it does not make sense to continue. However, keeping your lawyer may be preferable to trying to find another one the lawyer will have fiduciary responsibilities, malpractice exposure, and a duty of zealous representation as long as he represents you.
A Lawyer Is Strictly Limited In What He Can Do To Collect His Fee
Like other businesses and professions, attorneys can take steps to collect accounts receivable. However, the lawyer’s unique role as fiduciary and legal advisor subjects him to more limitations on their conduct than other professionals. Utah ethics opinion prohibits lawyers from hiring a credit bureau to collect their accounts receivable. Moreover, a lawyer cannot use information learned during the course of the attorney-client relationship to apply pressure on a client for payment. Exceptions to this rule apply in attorney fee litigation and malpractice disputes, as the attorney can reveal information as necessary to defend himself or his fee. A lawyer is also prohibited from misleading the client into thinking that the lawyer’s claim for fees will prevail in fee dispute litigation. Lawyers frequently try to coerce payment by asserting an “attorneys’ lien” on all or part of a former client’s case file pending receipt of payment. Depending on whether the case or transaction is over, this can leave the client in the unenviable position of having to pay the fee to get much-needed papers for an ongoing legal matter. However, in practice a client operating in good faith has little to fear. If the client has a need for the documents in an ongoing matter, and a good faith basis for not paying a portion of the fee, lawyers cannot withhold critical papers. Even after the attorney-client relationship is over, the lawyer has a duty to assist in an orderly transition to replacement counsel to minimize prejudice to his former client.
A Lawyer Has Many More Reasons Than A Client To Avoid Fee Dispute Litigation
This does not suggest that fee dispute litigation is fun for anybody. Both sides should seek to settle such disputes whenever possible. Clients should certainly avoid fee litigation where they do not believe they have a strong case, or the amounts in dispute are not worth the effort. Lawyers have a right to make a living. Clients also run a substantial risk of losing a fee dispute, and paying the entire fee plus whatever fees they incurred in the fee dispute litigation. For lawyers, however, the stakes are much higher. A lawyer’s professional judgment is at issue in every fee dispute case. Failure to collect a large legal fee can endanger the lawyer’s standing in his firm and within the larger legal or client community. Fee collection claims often lead to ethical complaints, and counterclaims for malpractice, fraud, breach of fiduciary duty, or breach of contract. Even if a malpractice claim is weak the lawyer must ordinarily disclose the claim to his partners and malpractice insurer. It is often more palatable for the lawyer and the firm to strike a deal which allows them to collect some of their fee rather than go through the uncertainties of a court or arbitration process. Nor should the client be overly concerned that the “system” will protect the lawyer. Given the legion of cases disallowing legal fees, it is hard to make the case that the system is biased against the client. Judges are former lawyers who often take a pay cut when they leave the business of law. To be sure, some judges will identify with the lawyers. Others will recall their greedy former colleagues and be inclined to favor the client. Most will simply preside over the case without prejudice to either side.
Even If You Have Already Paid Your Lawyer, You May Be Entitled to Get Your Money Back
Fee disputes occasionally arise after the client has either advanced money in anticipation of services to be rendered (often called a “retainer” or “advance”) or tendered full payment for legal services already rendered. In either case, the client is ordinarily entitled to receive his money back if the lawyer has charged an unreasonable fee. Where money has been advanced in anticipation of future services, the lawyer is usually required to keep the money in a client trust account. The trust account money is considered property of the client in most jurisdictions. The lawyer has a right to withdraw the money after the fees are “earned” by the lawyer.
Any Unethical Behavior May Be Grounds For Total or Partial Forfeiture Of Fees
A lawyer is ordinarily not permitted to profit from unethical conduct that harms his client. This provides another ground for potentially challenging legal fees, even where the lawyer’s fees are otherwise reasonable. If the ethical transgression is slight or not related to the fees charged to the client, courts are less likely to order a forfeiture of fees. Where the transgression is serious and has a closer nexus to the fees, partial or total forfeiture is likely.
As a client questioning the propriety of your bills, ask yourself the following questions:
• Did my lawyer lie to me at any point in the representation?
• Did my lawyer fail to explain how this matter would be billed?
• Did my lawyer reveal any confidential information to third parties without my consent?
• Was my lawyer conflicted in any way from providing me with appropriate representation?
• Did my lawyer disobey any of my lawful instructions (not including disagreements which were discussed and resolved)?
• Did my lawyer treat advance or retainer payments as his own funds, or otherwise misappropriate my property?
• Was my lawyer incompetent in his performance of legal services? If you believe a “yes” answer is appropriate for any of these questions, and there is a lot of money involved, you should consult with another lawyer.
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