RFP: Drafting of ENS DAO bylaws

[ENSPunks.eth]

To preface this post, I’ll quote myself from March 2022:

@ENSPunks.eth

…moving forward the DAO should consider memorializing and adopting the following:

1. Legal Agreements between the Foundation and the Directors and all other parties the Foundation contracts with “in the real world”;
2. By-Laws (which are already anticipated and referenced in the Foundation’s Memorandum and Articles); and
3. Conflict of Interest Rules and Guidelines for DAO voting.

It might make sense for a legal subgroup to organize that can undertake drafting of this type of documentation on behalf of the Foundation and have a general ongoing aim of identifying legal risks and potential liabilities as they arise while developing legal strategies to minimize the same and protect the DAO/Foundation. In many ways a legal subgroup could fill similar roles as general counsel.

@estmcmxci

The Meta-Governance working group followed a rigorous process in selecting Lemma Solutions.

I have no doubt the process was rigorous in the minds of the Stewards. However, there is very good reason my suggestion in March 2022, included creation of a legal subgroup for the management of these types of matters.

To insure everyone is on the same page let’s start with the Nick’s written RFP:

@nick.eth

We, the Meta-Governance working group, are issuing an RFP for a qualified individual or firm to draft a comprehensive set of DAO bylaws

The RFP speaks for itself and solicited qualified individuals or firms to draft the bylaws.

Bylaws are a legal document. Legal documentation is typically drafted by qualified lawyers.

Lemma Solutions is not a law firm nor a legal service provider. According to their website they act as a middle man between DAOs and service providers including lawyers.

Either the best candidate to draft legal documentation was a non-lawyer or alternatively the best candidate was a middleman that will hire a lawyer to draft the bylaws on behalf of the DAO.

In either case the selection of a non-lawyer is fundamentally incompatible with Nick’s written RFP seeking a qualified person or firm to draft the DAO bylaws, and highlights why I previously suggested the DAO create a subgroup for legal matters back in March 2022.

For an independent and unbiased perspective I’ve asked ChatGPT the bare minimum questions, and I hope this helps the Stewards moving forward hiring professionals to complete legal work:

@estmcmxci

Please feel free to ask if you have any more specific questions we might be able to address without compromising applicant confidentiality.

My questions in no way compromise applicant confidentiality, but in the interest of transparency and fairness I submit the following:

1. Were the applicants interviewed? In a career of over 10 years in law I’ve never been hired without first talking to a potential client. I’ve certainly never been hired for a client by a third party, which again appears to be Lemma’s role as a middleman between DAOs and lawyers.

2. Were writing samples requested from the applicants? One or more applicants might have years of experience drafting documentation for business organizations as a practicing attorney, while others may have never drafted bylaws.

3. Does Lemma Solutions have a track record of participating in ENS DAO? For example, the DAO governance documents are on GitHub and anyone can actively contribute to improving them without payment. Again, this might be relevant had one or more applicants publicly contributed to the ENS DAO governance documentation without compensation, while others had not shown that level of commitment to the DAO. Prior public contribution to the DAO’s governance documentation on GitHub would have shown, at minimum, which candidates have previously read the DAO governance documentation, are familiar with both the governance documentation and also the unique style of opensource governance documentation management on GitHub, and attention to detail in these matters.

Thank you for your attention and professionalism in this matter. I look forward to the answers to these basic questions in the interest of transparency and fairness.

Best regards,