Obligation to Do-Nothing Manager

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  • Obligation to Do-Nothing Manager

    What do you do, hotshot? What do you do?

    You have a manager, pretty much in name only, bound by a handshake agreement between the two of you. In eleven months of representation, he has failed to get you a single assignment or in any way, shape or form advance your career.

    You're planning on extricating yourself from him ASAP, but you haven't formally done so.

    Through your own initiative you pitch an idea and lo and behold get the nod for the assignment. Nothing has been signed yet between you and the Prodco, but this is as good as a done deal.

    What are your options here:

    Do you fire your manager post haste-prior to consummating this deal--to avoid forking over that ten percent?

    Or are you legally obligated to pay him his percentage because the deal was initiated during the manager's tenure on your team?

  • #2
    Re: Obligation to Do-Nothing Manager

    If you got an assignment through your manager's efforts, or if you initiated action that got you an assignment, and you accomplished that in some way because you had a manager, then you have an ethical obligation to pay that manager.

    Jezz, this is Xmas. Don't be a Scrooge. This is a tough town even to get work read. Cut your manager some slack. If it took 11 months to get something going, multiply that time by 10 to get an idea of how long it would have taken you without a manager. Give some love.

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    • #3
      Re: Obligation to Do-Nothing Manager

      As bad as the situation (sounds) is, I'd first try to work it out as professionals, with an eye toward maintaining relationships. He might just go "you're right" and not take his 10 percent.

      On the other hand, like Farnsworth said, if they guy had a hand in developing the contact, then you are obligated.

      I'd imagine you could walk away from him if he thinks he deserves it and see if it gets ugly. But hollywood's a small place, things happen fast, and you don't want to burn bridges.

      Good luck!

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      • #4
        Re: Obligation to Do-Nothing Manager

        Use the potential sale to get a new manager who cares, then ditch the one who doesn't. I've always tried to never leave a rep until I have another ready to go.

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        • #5
          Re: Obligation to Do-Nothing Manager

          just out of curiosity...

          do you think that the prodco would've taken you as seriously as they did if you told them that you were unrepped?

          If the answer is no, then just the mere fact that you had a manager was worth the 10%, isn't it?

          Even if that manager didn't physically DO something.

          s

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          • #6
            Re: Obligation to Do-Nothing Manager

            What goes around, comes around.

            10% is nothing compared to an excellent reputation in this dirty business.

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            • #7
              Re: Obligation to Do-Nothing Manager

              suzeaa, I'm gonna raise you a 'dirty'.
              si

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              • #8
                Re: Obligation to Do-Nothing Manager

                This one's EASY, both legally and morally:

                If through "agent" you made CONTACT with "buyer" with whom you are getting the deal, you will be viewed as owing the 10% to "agent" by

                1. All agents and managers, everywhere... and that's all that matters.

                If not, then you are to:

                1 Get the money. ( Notice that is #1 )

                2 Write the first "agent" and advise him as follows via REGISTERED MAIL to ensure that you can PROVE DELIVERY.

                ===

                Dear ___,

                I have on my own accord, and through contacts made outside the scope of your introductions, entered a contract for my work for a sum of $____.

                On ____ we entered a verbal and handshaked agreement whereby, as writer and representative, two independent contractors, I am to pay to you commission of 10% of all earnings from writing engagements.

                It would not be unreasonable for either of us to assume whether or not that 10% commission means on work obtained through your efforts or not.

                I hereby notify you as follows:

                1. I am seeking representation elswhere and hereby end our agreement.

                2. I believe that in good faith I do not owe the commission on this work.

                3. In the event where you feel that you are owed the 10% commission, you have 10 ( ten ) business days to make notice on me in writing, stating cause. If notice is received within that time, the full commission shall be paid without contest.

                Please note that it is my intention do deal ethically in this matter and that I have no interest in actively concealing a sale where commission may be due if you feel that the scope of our agreement includes this sale.

                Respectfully yours,

                ====

                Note: it's important to put the amount. If it was $1,000, its not worth a fight. If it's $7,000,000 ... you'll see how much that "handshake agreement" can go. LOL

                Also, if he failes to write you ... send him a second notice on day 11 with an extension of 5 more days to ensure successful notice of the matter.
                That will usually prompt a written responce.

                The idea is to make him FEEL like a dick to claim the money.
                After hearing that he did ... NOBODY would work with him again

                Also, if he does as for the money, be sure:

                To deduct ALL expenses from the sale:

                ( Eg phone calls, postage, taxi rides, gas, etc . that are REASONABLE toward the actual sale of the work )

                Deduct 35% for tax on that sale ( or whatever is real )

                Itemize these things.

                then write him his commission cheque on NET, not GROSS.

                Have a good day.

                ___________
                If it weren't for lawyers, Dear Boy, there'd be no use for lawyers.
                ~ A Murder of Crows.

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