Aren’t all attorneys the same?
Why should I retain an entertainment attorney
instead of any other attorney?
Entertainment
law is a specialty just like other legal specialties such as litigation, labor
law, corporate law, bankruptcy, and intellectual property. A knowledgeable entertainment lawyer has a
firm and comprehensive understanding and comprehension of contract law
generally and the unique issues which arise in entertainment industry
contracts. These issues include
copyright and labor law issues involving the major entertainment guilds and
unions such as the Screen Actors Guild, American Federation of Television and
Radio Artists, Writers Guild of America, and Directors Guild of America. Since many entertainment contracts involve
other legal issues such as financing, corporate organization, tax, trade
secrets, privacy, and publicity, your entertainment attorney will have
knowledge of these issues as well as they relate to the entertainment
industry. It is also critical that your
attorney have extensive knowledge of how the entertainment industry works; the
“business” is in many ways different from all other businesses and has its own
unique protocols, procedures and processes.
Your
agent and your manager are in the business of making money. While your agent and manager represent you,
they are not obligated to disclose potential conflicts of interests. Your agent may want to receive a package
commission from the network or studio by linking you with other clients of the
agency to your project. Your manager may
want to receive a producing credit and fee as a condition of your deal with the
studio or network. Under these circumstances,
you need independent representation.
Your attorney will be that independent representative and has an ethical
obligation to disclose to you if he represents anyone who would be on the
opposing side of the contract or have a close relationship with them. Your attorney also act as a go-between with
your agent and manager to be sure that their contracts with you are legal,
fair, and will conform with industry standards.
These services may involve negotiation of the contracts, legal review of
the contracts, or negotiation of the legal terms to make what will truly be the
best deal for you under the circumstances.
Entertainment
attorneys bill clients in a variety of ways.
The manner of billing is negotiable and may include fees on an hourly
basis for work completed, as a percentage of the income from a contract, as a
flat rate per contract or as a retainer (set fee per month). They also may use
value billing to set a fee based on the size of the deal and the lawyer's
contribution to it. Clients are also
responsible for out-of-pocket costs beyond fees, such as charges for
long-distance phone calls, messenger service and photocopies. Your attorney will furnish you with a
retainer agreement which will specify the manner of billing for fees and costs,