Convincing my DM

[Elfstone]

So I am currently playing a unfixed hexbalde in a campaign PBP. The old DM left and we got a new one. Now I know this one and hes quite good, but when I asked for the fixed hexblade(fixed by the creator) he said that he would modify it to be a swift action but if it fails a save then it will be considered lost. (this nerfs my class in exchange for a good save.) UNLESS I could find another spell/ability that is not considered used if it it fails.

So anyone know of anything of the such? I remember there being a spell that didnt get used if it failed, but perhaps Im wrong.

Also, please dont give me arguments, just facts. If I cant find an ability/spell THEN I will try and debate my way. Much easier to just find an example.

Thanks in advance guys.

[Bibliomancer]

Depending on how you read the rules, the paladin's Smite Evil ability might qualify:

PHB 44: "If the paladin accidentally smites a creature that is not evil, the smite has no effect, but the ability is still used up for the day."

This does not say that the ability is used up on a miss. Contrast this with the text for Stunning Fist:

PHB 101: "You must declare that you are using this feat before you make your attack roll (thus a failed attack roll ruins the attempt)."

This is somewhat shaky ground, given that the paladin's smite evil ability applies a bonus to the attack roll and so is probably used up, but it was the best I could find on short notice. There's probably a better example outside of core.

[Private-Prinny]

In the same vein, the Charging Smite ACF from PHB2 gets a bit more explicit.


Beginning at 5th level, if you smite evil on a charge attack, you deal an extra 2 points of damage per paladin level to any evil creature you hit (in addition to the normal bonus damage dealt by a smite). If the charge attack misses, the smite ability is not considered used. This is a supernatural ability.

[Elfstone]

Thanks you guys, that was fast. And it worked.

You both get a cookie (http://www.google.com/imgres?imgurl=http://americansfortruth.com/uploads/2010/10/cookie-small.gif&imgrefurl=http://americansfortruth.com/news/rainbow-cookie-scandal-strikes-indianapolis-update-from-afa-indianas-micah-clark.html&usg=__qup-AfRixI6W7h-PyKc2Jcj-KLc=&h=380&w=382&sz=46&hl=en&start=0&sig2=cAWK5ultGioziFN57MX-Iw&zoom=1&tbnid=6kcV1kYsM3WLyM:&tbnh=131&tbnw=132&ei=MXhHTbrCPMGqlAeyhvWXBA&prev=/images%3Fq%3Dcookie%26hl%3Den%26client%3Dfirefox-a%26hs%3DZ1R%26sa%3DX%26rls%3Dorg.mozilla:en-US:official%26biw%3D1217%26bih%3D705%26tbs%3Disch: 1%26prmd%3Divnscm&itbs=1&iact=rc&dur=656&oei=MXhHTbrCPMGqlAeyhvWXBA&esq=1&page=1&ndsp=28&ved=1t:429,r:0,s:0&tx=81&ty=37).