Monday, January 24, 2011

Getting Representation For Your Work



So I've told you why you need an attorney to get meetings with companies and work as a professional in this industry instead of a hobbyist.

You may be thinking “Okay Monica, I see what you're saying but how do I get that representation?”

I just saw an online job post where someone was seeking representation for a TV show concept. Setting aside the fact that this person had some unusual requests for the final outcome if some legitimate source was interested, writing a response as to my personal requirements made me think it might be a good idea to tell you what agents, attorneys or anyone else dealing with you on this sort of thing is thinking.

Aside from my work with One Way or Another, I interned with a well known talent agent a few years back. This company has been in the industry for over 35 years and I learned a lot about the perspective and mindset of an agent. The ones I've encountered have a similar viewpoint and this can also apply to them.

Here are 3 basic considerations to keep in mind:

1. The representative's reputation: As an industry friend told me recently, the role of an attorney in these transactions is to be a stamp of approval. The presence of the representation is like wearing a seal that says “This product is worth hearing about since it will make money for our company/make us look good for our boss/increase our market share in a particular demographic/other good thing that makes a Sony or an IFC take you seriously.”

No entertainment attorney, agent or any other representative wants to be known as the person who endorsed a bad idea, works with an unstable personality, or is responsible for the network/film company/whomever you're dealing with losing money. They live or die by their industry reputation.

It's the representative's job to screen out the garbage & only go to bat for the best prospects.

2. The representative's time: Time is a very precious commodity. Agents and attorneys are very, very busy people who get asked ALL THE TIME about getting involved in meetings with major companies. They do not have time to hold your hand or tell you how to behave. If you want personalized attention or hand holding, that's where a manager comes in.

3. The representative's experience: Experience costs money, plain and simple. It is an insult to any professional to expect him/her to work for free or below typical costs. This might seem intuitive but I have seen lots of people post Craig's List ads seeking representation with high power industry connections but wanting to offer little to no pay. That's called living in a dream world; if you know someone who is doing that, tell that person to snap out of it.

So, keeping these factors in mind here are 6 tips on how you can successfully get representation:

1. Treat getting a representative the same way you'd treat the pitch meeting with a major network. Your job is to impress the representative with the value of your product. Remember, we hear about these things all the time. Tell the agent why (s)he should consider YOUR project instead of the 20 other projects (s)he's being asked about. What makes YOURS special & different from the rest? Make us care about your project & consider taking the next step.

2. Do your homework. Have you considered whether others have done something similar? Is there a market for your product? Who is it targeted to? What markets are you considering? Do you have projections for your possible success? If you can't answer questions like these, that means you're not ready for representation.

3. Do the relevant paperwork. Be prepared to give the attorney or agent basic paperwork like a budget, your treatment and other items that you will get asked about. If you don't have these basic documents ready to hand to someone, again you're not ready for representation.

4. Prove you are dedicated to making it happen. Flakes are a dime a dozen in the industry & no good agent or attorney will waste their time on anyone who isn't professional. You'd better show up to meetings, prove you are reliable, be accountable for your actions and do what you say you will. If you agree to get revisions in by a certain date, you'd better do everything in your power to meet the deadline.

Attorneys are required to follow directions in most things and state bar committees, law firm bosses and judges can be much like loan sharks. They don't care if your grandmother is in the ICU or you didn't make enough money to pay licensing fees one year: if you don't follow directions or pay your licensing fees when they're due, you can get suspended from legal practice.

One of the biggest peeves of an agent or any producer, attorney, etc. is dealing with flakes. Do not be one. Remember, this is still YOUR project and if you aren't going to give 110% to it why should anybody else?

5. Do NOT assume people will work for free. If you want a freebie, get a friend to help you. We have bills to pay like everyone else and representatives at any stage of the game do NOT run charity operations. You might get someone to help you at a reduced rate or for free if they believe in you & see major potential but that is an extreme rarity. If you ask about it, you will likely be laughed out of the office.

Just as workers making low wages tend to be apathetic about their jobs, representatives will be apathetic to your needs and concerns if you shortchange them. They will also tell other agents, attorneys & so forth so their colleagues will not waste their time on someone who causes too much hassle for too little reward.

Finally, 6. No secrets. You're going to have to keep the representative informed if you want him/her to do an effective job. If you burned bridges with someone or refuse to work with a particular entity, speak up. Do not make the person look foolish in a meeting by not knowing the answers to people's questions or basic facts about your presentation. This is a good way to lose your representation; let the rep do his/her job.

If you can get the representation, then you have achieved a victory many people never get.

- Monica

Contact Monica for legal advice/representation at Monica@1wayoranother.net

Follow Monica's personal blog HERE.
Follow Monica on Twitter HERE.

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

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