What To Look For In An Entertainment Attorney

In the recent post Do You Really Need an Entertainment Attorney I made a distinction between what I call the “old school entertainment attorney” and “new school entertainment attorney”. Remarkably this caused some controversy, but I did see one positive outcome to the arguments – people still support entertainment attorneys! Good start everyone, as an entertainment attorney is an essential step in developing careers.

The difference in today’s entertainment attorneys and the ones of past isn’t experience, age, or even contract skills- rather it’s the clients. The mindset of musicians have changed and new age attorneys likely relate to the new school of thought the best. In the past, clients relied on the attorney/manager for all their business needs. Fast forward to today’s market, musicians feel more comfortable in handling their own business, and in most cases, they want to. The “new school / old school” distinction focuses on the adaptation of this element. Regardless if you’re seeking the new or old, there are certain tips to know when selecting the right entertainment attorney. Evaluate all of them and see which applies to your current career and future career plan.

§1- News Updates
§2- Stay Connected
§3- What to Look for in an Entertainment Attorney
§4- Upcoming Post / Suggestions

§(1) - NEWS UPDATES
Frequent readers know I was asked by the ABA (American Bar Association) to be a contributing author for an upcoming entertainment book. The project, Entertainment Law for the General Practitioner, will be the only entertainment focused book published by the ABA. For non-lawyers, the ABA is literally the leading source for attorneys, so the tips in this book will be used by entertainment attorneys around the globe. Musicians, I’d suggest getting one of these in the future so you’ll better understand the direction your lawyer is heading with your career. The chapter I wrote, Global Implications of the Entertainment Industry, may provide insight on where the industry is heading. Anywho, the book is apparently going to print this fall, so I’ll updating as I see relevant.

§(2) - STAY CONNECTED
There was an absolute explosion of site visitors this past week, and after some PI work I discovered Twitter was the springboard. If you can’t wait until the 15th and 30th to read the posts (damn junkies), I literally post industry news daily, if not hourly, on Twitter. So for the ones who can’t get enough…….follow on Twitter @FrascognaMusic


§(3) - WHAT TO LOOK FOR IN AN ENTERTAINMENT ATTORNEY

If you’ve gotten anything out of the previous posts, you’ve walked away knowing you DO need an entertainment attorney. Whether it’s at the beginning, middle, or end, eventually you need one. For the ones who are being proactive (which I highly encourage) there are certain characteristics in today’s lawyers that can be unique, therefore molding you to the new industry. Setting the obvious characteristics aside such as honesty, trust, and knowledge, here are my suggestions:

1. Study their background and look for DIVERSITY

Quick Sub-Tip: if you ask an entertainment attorney (or any attorney for that matter) if they do a specific area of law, 99% of the time they’ll say “yes”. Q: “You do international contracts?” A: “Yes.” Q: “You do divorce cases?” A: “Yes.” Q: “Do you speak Chinese/” A: “Yes.” They want the business! They aren’t lying to you, rather they are secretly agreeing they’re going to outsource the work or they’re going to read up on that particular area and do the best they can to meet your needs. As a potential client, do some investigative work and find out their work history. By relying on referrals, personal judgement, and your own research, you can quickly confirm or disconfirm an attorney’s specialties regardless of what he tells you.

In today’s market I highly recommend looking for diversity. You want an attorney who has a “working” background in touring, management, promotions, marketing, publishing, label experience, etc… Why? This will make since after reading the next step (#2), but for the most part you want someone who can relate to the problems you’ll soon have. Some attorney’s may relate to these issue based on past clients and the problems they faced, but it’s different when they’ve been in the trenches and experienced the problem on the front line. It is important seek diversity, but "diversity" in the entertainment industry. If your attorney specializes in family law, workers compensation, and entertainment law, they are full of shi* on the later. Entertainment attorneys should be devoted to the practice. It isn't a hobby, it's a booming business, so if your lawyer is all over the place on their legal expertise, don't be impressed, beware!

2. The 360° Attorney

View attorneys like a hybrid 360° deal. If you’ve got a diverse lawyer (like the one listed above), sometimes they can be your best agent, manager, publicist, and lawyer all rolled into one. The new age attorney is more flexible in what they can achieve. Instead of paying a percentage or monthly fee to a variety of people, analyze what your lawyer is capable of and see if he can wear multiple hats. Clearly a fee agreement will have to be arranged on the front end so you’re not stuck paying all hourly attorney fees. Truly consider this option. Remember an attorney can often get past the gatekeepers or straight to the label executives faster than management and agents.

3. Find a lawyer willing to grow with you

Sometimes it can be best to match your attorney to your current career or career path. Explanation- find someone that is willing to grow their career while you develop yours. When you both experience growing pains it can prove beneficial and some of the best attorney/client relationships are the ones established from conception on both ends. This isn’t suggesting get an attorney with zero experience, rather one that wants to develop with you.

4. Use Your Attorney as a Pitchman

Your attorney can be more than an attorney so use him as your pitchman. If your goal is to sign with a label, your lawyer is the vehicle to get you there. I’m suggesting managers aren’t well equipped in this topic, but with the explosion of new musicians in the industry there has also been an increase in crap managers and agents. An attorney represents a level of legitimacy that can get you in the door. Don’t feel like your attorney is strictly there for the legal work and to bail your ass out of trouble- not true. Use him to get what you want and when you want it.

5. Checks and balances

If you’re at a point in your career where you have a manager and an agent, chances are at some point their interests will clash. This is an inevitable step no matter the stage of success. Your attorney is essentially your checks & balance system to keep the conflicting parties from screwing you, so make him your best friend as he will truly have your best interest at heart.

6. International law is a must

Like it or not, the market is going global so it’s best to prepare. An attorney well versed in international law is now a mandatory second language; but be aware that’s not an easy field NOR a well practiced sub-specialty. Just like I stated in #1, don’t let a potential attorney tell you they practice international law, investigate and make sure he does.

7. Look for someone with a marketing background

Another “like it or not situations”, marketability is a key component in today’s industry. Attorneys that have a marketing background can see the appropriate angle on selling you to a particular market, sponsor, or potential investor.