Wednesday, January 28, 2009

Legal Advice for entertainment professionals


The entertainment business can be fun and exciting but its not without legal pitfalls. If a contract/NDA/any other paperwork isn't drafted properly or an actor doesn't read everything very carefully before signing, there could be serious problems. Film companies can be sued for lots of money, investors can get angry and bring litigation, actors can be trapped in an oppressive agreement, and so on.

As a newer attorney myself who just got very lucky to become part of One Way or Another Productions, I can tell you from personal experience that if you need a lawyer but don't have a lot of money for fees it is very possible to get one. You see, getting involved in entertainment law is about as easy as an actor becoming the next Angelina or Tom Cruise. I've gone to lawyer networking events and heard tons of attorneys lament about how they'd like to work in the entertainment field but have no outlets in that direction. One actually said to me at one event that I had the most interesting job of anyone there.

One piece of very good news for you struggling actors or companies with little money is that the attorney job market is in bad shape right now. Lawyers are being laid off from law firms left and right and many newer attorneys don't have the qualifications that entice most law firms to hire them (most people will tell you that the qualifications required by your average big firm have NOTHING to do w/that lawyer's abilities to look out for clients and, well, be a good lawyer). That's if they have at least 2 years experience first.

It's also widely believed that there's no such thing as an entry-level entertainment attorney. That's not quite true; I've met a few and generally, when people want something badly enough they do everything they can to achieve it.

Some of these lawyers may decide to tackle new things by taking on entertainment, what they lack in experience will be made up for in temperament, knowledge of basic contracts and corporate matters and cost. If you opt for a lawyer who doesn't have entertainment experience, you should be saving some money. If you work w/a newly admitted lawyer, you will save a lot of money. If you're lucky, you might find a lawyer willing to work for free (don't laugh; remember, lots of lawyers would love to work in this field so the experience is invaluable to them). A smart lawyer (especially a new one) will also make certain you are involved in the process since they have a lot to learn; you as the industry professional can teach him/her about your field. Smart ones will also know how quickly one's star can rise and where there's potential. I've had a number of contacts tell me about problems w/lawyers not including them in the process and getting burned by them.

Now I'm not trying to encourage anyone to distrust production companies, actors, agents, investors or anyone else. Lawyers are around to protect their clients and prevent potential problems before they occur. Lawyers can also read dense legal language and pick up on things you might not have considered or suggest a revision you wouldn't have thought of.

There are good lawyers, there are bad lawyers but don't turn down the opportunity to include a good working relationship with one if you are starting out. If you find lawyers willing to work w/you for free, all the better. You never know if that lawyer could end up working at your company or getting his/her own acclaim in the future.

- Monica
One Way or Another Productions

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