Because
your attorney has negotiated, reviewed and drafted thousands of entertainment
industry contracts, he has the knowledge and expertise to explain to you how
the business works and the key points in your contracts. By focusing on the critical business and
legal issues of your contract in his conversations with you, your attorney will
reduce the issues to the essential issues which concern you while sparing you
from the legal complexities. In the
meantime, your attorney will address legal issues with the network or studio
and attempt to make the best possible deal on those points.
Similarly,
if you are an author, the boilerplate contract between you and the publisher is
not entirely ironclad and non-negotiable.
It contains certain terms which can be negotiated more favorably for
you, including the amounts of your advance, the royalties, and the number of
free copies.
Remember,
the studio, the network, the record company, and the publisher are in business
to make money and want to make the best deal they can. They are not interested in making the best
deal for you, but your attorney is. If
you have an agent or a personal manager, they may try to make a good deal for
you, but they are not trained legal professionals who can identify often
critical legal issues. Their focus is on
a few key points, whereas your attorney may be able to identify other key
issues and negotiate a more favorable deal for you.
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. 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.
Often
it’s better to hire someone to handle negotiations and contracts instead of
trying to do it yourself. Granted, it
may cost you some money up front, but you are much better off having someone
else handle these matters. First, you
can tell your employer that you don’t negotiate your own deals or handle your
own contracts. This will allow you to
remove yourself from the distasteful and contentious business and legal part of
show business and focus on the “show” part – the fun stuff which is the part
which excites you such as the creative part of your writing or performing which
reflects your creative vision. Second,
in many situations in life, some things are not best handled on a
do-it-yourself basis. If your plumbing
backs up, you may be able to make a temporary repair yourself, but wouldn’t be
preferable and easier to call a plumber who would know exactly how to fix the
problem? At least you won’t have a mess
in your shower or a flood under your sink.
Hiring an experienced and skilled entertainment attorney is the same
thing; your attorney will represent you and only you.