Entertainment Attorneys
A. Overview
Entertainment law is a broad field and there are many different types of attorneys practicing within it. Generally, attorneys are broken down into two categories, litigators and transactional attorneys. Litigators handle claims and lawsuits such as breach of contract, copyright infringement, fraud, etc. Transactional attorneys generally draft and negotiate contracts; for instance, negotiating a recording agreement with a record label or production legal counsel on an independent film ( the attorney would handle all the contracts relating to the film such as those for the actors, director, producers, etc.).
Within the field of entertainment law, some attorneys practice both litigation and transactional law; however many entertainment attorneys specialize in one area or the other.
Entertainment law can be broken down into several major categories: film, television, music and, more recently, multimedia. Some attorneys also describe their practice as “intellectual property law”, which encompasses patent, copyright and trademark law.
B. Should I Use an Attorney?
Attorneys should be retained to analyze, draft and negotiate contracts. Some entertainment attorneys also provide additional services for clients. For instance, in the music field, some lawyers find recording deals for artists.
C. Finding a Lawyer
First and foremost, it is recommended that anyone seeking an attorney find an experienced attorney familiar with the type of law and industry the client is involved in. You do not want an attorney who specializes in family law handling the sale of your screenplay. You should specifically ask your attorney how much experience he or she has had with your particular legal problem. For example, if you are a struggling musician looking for a recording agreement with a major label, how much experience does the attorney have in finding deals with record labels? If you are litigating a copyright infringement case in federal court, how many of those types of claims has the attorney handled? How many trials has he or she been the lead attorney on?
In choosing an attorney, perhaps the best advice is to follow the recommendation of people you trust, such as friends or colleagues. In addition, many local bar associations have referral services. Non-profit organizations, such as California Lawyers for the Arts, also provide referrals to entertainment attorneys.
D. Fee Agreements
Once you have agreed to retain an attorney, it is very important that you have a written agreement with the attorney that you completely understand. Attorneys work on three basic types of fee arrangements:
Hourly. You are charged for the attorneys time by the hour. Experienced entertainment attorneys generally charge $250 to $350 per hour in the Los Angeles area. However, you may be able to find an attorney for less depending on your particular legal needs. For instance, if your attorney likes working with documentary filmmakers, he may be willing to accept a lower hourly fee with regard to certain matters.
Make sure your attorney provides monthly, detailed, itemized bills for his services. Remember that in addition to all attorney fees, you will be charged for all costs such as copying, postage, long distance telephone calls, etc. Some attorneys charge a minimum of a quarter of an hour for their services.
Flat Fee. In this type of fee arrangement, the attorney agrees to take a set amount for services. For instance, an attorney may charge $1000 to draft a management contract between a personal manager and an actor. Under this arrangement, you will know up front exactly what the attorney’s fees will be. Some attorneys prefer not to take a flat fee for obvious reasons. If negotiations over the contract are protracted, and more than the attorney expected, he will be making less than he anticipated per hour for his work. Conversely, if you come to an attorney who has recently drafted the exact type of contract that you need, she may be able to modify her other contract and do the work in a very short amount of time.
Percentage/Contingency Fee. Some attorneys charge on a contingency basis which means that their fee is a percentage of the gross amount recovered or received by the client. For instance, personal injury cases are almost always done on a contingency basis with 1/3 or 40% of the gross settlement, verdict or judgment paid to the attorney. In the entertainment field, it is common for attorneys to charge 5% of a writer’s or actor’s income for handling a client’s legal work. For the struggling actor/writer/director who does not have the money to pay an hourly fee, this might seem like an appealing alternative. However, if the artist becomes very successful, 5% can turn into a substantial sum of money.
E. Communicating with Your Attorney
One of the most common complaints against attorneys is that they do not return phone calls promptly or at all. Attorneys have ethical obligations to communicate with their clients. The communication does not have to be by telephone. It can also be by mail, fax or email. Try to agree on a method with your attorney for communicating the status of your legal matter. Also, find out exactly who is doing the work. Is the attorney going to be handing over your case to a junior associate who will actually be doing the work on it?
In sum, it is important to find an attorney who you are comfortable with, who is qualified and experienced in your type of legal problem and who you feel you can work with. If you do feel as though the attorney you hired is not working out, you do not have to continue to utilize his services. Under California State Bar Rules, a client is free to change attorneys at any time he or she wishes. |
