Questions for lawyers

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  • Questions for lawyers

    For those of you with lawyers:

    What are the most important questions to ask during your initial meeting? What do you wish you would have asked your lawyer before you started working with him/her?

    Also, what's your relationship like with your lawyer? How often do you talk to them -- only when a deal's on the table or are they more involved with your career than that?

    ANY insight into the world of entertainment attorneys would really help me out.

    Thanks.

  • #2
    Re: Questions for lawyers

    Originally posted by FreshShabazz View Post
    For those of you with lawyers:

    What are the most important questions to ask during your initial meeting? What do you wish you would have asked your lawyer before you started working with him/her?

    Also, what's your relationship like with your lawyer? How often do you talk to them -- only when a deal's on the table or are they more involved with your career than that?

    ANY insight into the world of entertainment attorneys would really help me out.

    Thanks.

    Most attorneys (especially the higher-profile ones) are just there to negotiate your deal and get it signed. Unlike an agent or manager who - ideally - focuses on your career as well as individual deals (e.g. sends your script out, gets you meetings, builds relationships, etc.) an entertainment attorney comes into the process when there's a deal to be made and negotiated. There are always exceptions, but you usually only deal with your entertainment attorney when there's a deal on the table being considered/negotiated. And that's when they're most effective. Even though attorneys maintain relationships around the industry too... they're most effective when they're drafting or negotiating, not sending copies of your script out or discussing your career goals.

    If you're meeting with them and have the opportunity to ask questions, I would ask them what other writers they represent and how long they've been negotiating writing deals, assuming it's not obvious from a Google search or their reputation in the industry (don't insult a name partner at a prestigious firm by asking them that). It will give you an idea of how experienced they are and how familiar they are with the terms of a writing agreement. More experienced attorneys with better relationships are able to more easily cut through the back-and-forth negotiations and can save you money in the long run if you're being billed at an hourly rate.

    Basically, treat it like when you're trying to find any rep... ask the questions that will give you confidence that this person is going to approach a situation in a way that works for you. Just like agents and managers have different styles in managing your career, attorneys have different styles in negotiating a deal. You don't want the guy who's going to come in shooting for the moon and then play hardball if you're just starting out and need to take a few lower-level assignments to establish your name. Similarly, you don't want the guy who just agrees to everything to represent you if you're at a point in your career where you need to advance your quote.

    You know yourself, and you know what you're looking for in terms of a career. Just like a manager or agent search, ask the questions that will help you determine if a particular entertainment attorney is going to fill a void in your professional team, or if he or she is more likely to frustrate your efforts.

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    • #3
      Re: Questions for lawyers

      I basically never talk to my lawyer unless something is being negotiated. I did ask her for advice when I was hiring a new manager. Lawyers know everybody and are - theoretically - the only person on your team who solely represents your interests. Unlike, say, your agency, who may also represent the company you're working for. So (again, theoretically) if you have a good lawyer and you get their advice about something like that, it should be relatively neutral. Relatively.

      I'm on lawyer #2, so after firing my first lousy one, I had a pretty good sense of what was important to me this time around. At my level, I feel pretty much like the deal that's being offered is the deal I'm going to get. Lawyers will kind of imply when they're trying to sign you that they can get you more money, but if you're a baby writer, that's kind of a stretch IMO. Nobody's going to be able to negotiate to get me an extra million bucks or points on the gross. I'm just trying to not get screwed.

      Crucial to this, for me, is that I understand my own deal. I want my lawyer to be slow and patient and talk to me like I'm an idiot. I don't want to feel hustled off the phone. If I have seven questions about page four, I want to go through them until I understand what I'm signing. I want to be able to verbally reproduce pretty exactly the agreement I'm entering into.

      So that's what I was shopping around for this time. Also, when you sign with someone at a firm, their contract may have a bunch of stuff they can bill you for - postage, messengers, etc. - there is some wiggle room on this, so feel free to ask if you can have those struck from the contract. My feeling is that my lawyer isn't really doing any work for me unless there's money on the table, so I don't want to pay them unless they're making me money.

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      • #4
        Re: Questions for lawyers

        Thanks guys.

        Should I expect there to be charges beyond the normal 5% fee? I wasn't aware that entertainment attorneys billed like regular lawyers.

        This is my first real dealings with a lawyer of any type; sorry if that's a naive question.

        Comment


        • #5
          Re: Questions for lawyers

          Originally posted by FreshShabazz View Post
          Thanks guys.

          Should I expect there to be charges beyond the normal 5% fee? I wasn't aware that entertainment attorneys billed like regular lawyers.

          This is my first real dealings with a lawyer of any type; sorry if that's a naive question.

          It depends (and how they bill is another great question to ask the attorney). Most talent attorneys will charge the percentage... but there are some times where the attorney and client agree that to billing like other attorneys, using an hourly rate. Each has their pros and cons; just make sure you know which one you're getting.

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          • #6
            Re: Questions for lawyers

            Not much interaction with mine yet but then until there's a contract on the table there's not really much to talk about.

            My meeting went like this - brief chat - they liked my writing - told me all the clients they rep - explained how they operate - 5% - suggested we grab a coffee when I'm next in LA - nice and simple really.

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