Tuesday, July 20, 2010

6 Reasons You Need (Not Want) Legal Counsel



6 Reasons You Need (Not WANT) Legal Counsel

So, you have an impressive acting reel, the next big motion picture blockbuster or some other creative talent that separates you from the thousands of other people trying to make a living in the entertainment business. All you have to do is rely on slick promotions, your great charm and major exes will come calling right?

Not quite.

One of the most important people an independent filmmaker, an actor or for that matter, anyone pursuing an entertainment career can have in their corner is an attorney. Yes, some are very expensive. Yes, there are shady, inconsiderate and downright dishonest lawyers.

However, to move from being a hobbyist in this business to becoming a professional to be reckoned with you need a lawyer. Here's why:

Representation: I'm not just talking about hiring an attorney to handle investment paperwork or write contracts (even though you indeed need legal counsel for such things). In most cases, you need a lawyer just to get a meeting with a major company. Industry giants are not going to set up meetings with the filmmaker or the actor directly; they want to talk to your manager, your agent and sometimes, your attorney. If you don't have one, you are out of luck.

Negotiations: Attorneys are trained to protect their client's best interest. In fact, they are required under ethics rules not to allow a client to be taken advantage of by a bigger entity. They also enjoy a special sort of awe and fear that a beginning entertainment professional will benefit from.

Interpretation: The most common inquiry I get from people in the industry is “What does this legal term/contract paragraph mean?” Contracts, release forms and other paperwork can be confusing, obtuse and complicated. If an attorney is confused by what something says, how can someone who doesn't have that training possibly have a clue?

Desirability of the Field: As I've said before, there are many attorneys who would love to work in the entertainment industry. They think being a filmmaker, an actor or just being around the industry is glamorous and prestigious. Some will work with people who don't have a budget just for the experience or future referrals.

Perception of Professionalism: Filmmakers have to vouch for me on this one but this is a matter of “dressing for the job you want”. The presence of an attorney is a sign to investors, studio executives and others you want to impress that a company or filmmaker is working in entertainment as a vocation instead of a hobby.

Saving Time: Good attorneys can spot issues in contracts and other paperwork in no time that you might miss. Missing particular clauses or not addressing all scenarios have often lead to costly litigation, bad blood, embarrassing tabloid headlines but mostly wasting time on issues that wouldn't exist if an attorney had been there to deal with them beforehand.

So in light of all these important considerations, any creative professional who wants to move to the next level should take the time and care to select the right legal counsel for them.

Contact Monica for legal representation/advice at Monica@1wayoranother.net
Follow Monica's personal blog HERE.
Follow Monica on Twitter HERE.

(Monica C. Trombley is the legal administrator at her company One Way or Another Productions. She is a licensed attorney in both NY and CT.)

No comments:

Post a Comment