Choosing An Entertainment Attorney
Much of the enigma which traditionally surrounded attorneys has disappeared over the last decade, probably due to the rising consumer movement. As a result, legal services are now more accessible to the public than ever, and attorneys are more willing to discuss their roles and functions with prospective clients.
There are many ways to choose an entertainment attorney. While this list is in no way meant to be exhaustive, it should provide some basic pointers as to the attorney selection process. Local music and trade papers frequently contain listings of attorneys and their areas of specialization, if any. While an attorney with 50 years of matrimonial experience is the ideal attorney to represent you in a hotly contested divorce, she is probably not the right attorney to represent you in a video deal in which a record company insists on cross-collateralization from record sales and merchandising as well as an across-the-board production and management package. (Give yourself an "A" if you didn't flinch at that one!)
* A client's recording is used as part of an ad campaign for a product. To the best of your knowledge, you client has never approved such a use. She now consults you about possible legal action.
* A client suddenly finds herself with a hit record -- and more income than she has ever seen in her life. Her attorney now seeks various ways (all of them legal, of course) to minimize the tax bite.
All these, and more, are the problems which daily face those attorneys who have forsaken the security of corporate and banking law and cast their lots with performing artists.
The music attorney should have a thorough knowledge of music industry standards as well as the customs and usages of the trade. These are crucial in both negotiation and litigation. It is unrealistic, however, for an attorney to be a specialist in all areas, and you attorney should have no problem recommending you to a competent specialist should a problem arise beyond his areas of expertise.
Another good source of information is your local bar association. Call them up and explain what you are looking for. They are only too happy to recommend a qualified attorney who can
help you.
Ultimately, the best source is a referral or personal recommendation from someone who has used that attorney in the past. In fact, referrals constitute the largest source of business for attorneys in this country. Talk to other bands and artists and find out whom they have used in the past and whether they are generally satisfied with that attorney's services.
When you have finally chosen an attorney, call her up and make an appointment for a consultation. Keep in mind that just as Rome wasn't built overnight, seldom can an attorney adequately diagnose and come up with a solution for a legal problem over the phone. Discuss fee arrangements and find out if there is a charge for the consultation. Remember, it was Abraham Lincoln who said, "An attorney's advice is her stock in trade." (Modified slightly for the times!)
When you arrive at an attorney's office, do not be afraid to ask the attorney about her background and experience in the field. Even in the entertainment industry there are specialists in the various fields -- e.g. music, theater, broadcasting, motion pictures.
Finally, after you have discussed your problem, use a bit of common sense and evaluate the advice given. Don't try to second-guess your attorney -- remember, you are paying him for his advice, which is presumably given for a good reason. For example, you have just played at a local club and the owner refuses to pay you band. Your attorney, having considered all relevant data, advises you to
send a certified letter to the owner of the club and if there is no response within a certain period of time, to commence an action in small claims court. Sounds reasonable? What if she advises you to go to the club and slash tires on patrons' cars, and in general badmouth the club, etc. By now, you should realize that maybe you need another attorney!
