what should i do when hiring an entertainment lawyer

by Dr. Adolphus Jakubowski MD 7 min read

Hiring an Entertainment Lawyer

  • Hiring an Attorney Who Fits Your Legal and Related Needs. As in most areas of life, one size does not fit all. Your...
  • Finding an Entertainment Lawyer. The first step in finding an entertainment attorney is to be sure you know your goals.
  • Interviewing a Prospective Attorney. Entertainers must audition to get work, and the same is true for...

Full Answer

What should I look for when hiring an entertainment lawyer?

Hiring an Entertainment Lawyer Hiring an Attorney Who Fits Your Legal and Related Needs. As in most areas of life, one size does not fit all. Your... Finding an Entertainment Lawyer. The first step in finding an entertainment attorney is to be sure you …

Where do entertainment attorneys work?

What Should I Expect from Working with an Entertainment Lawyer? Any documents that your lawyer drafts should create a legally binding agreement, with terms that your lawyer ensures you understand. If you’re suing another person and win your case, you can expect to win either compensation or the sole rights to your work.

Why should writers hire an entertainment lawyer to negotiate deals?

Mar 15, 2022 ¡ One difference from talent agencies and management companies is that entertainment law firms do not work on a commission. The State Bar prohibits entertainment lawyers from making the sort of client agreements that agents and managers do, so for that reason hiring an entertainment law firm will require some startup capital. Talent Agencies

What degree do I need to become an entertainment lawyer?

May 31, 2018 · “When you’re signing anything or thinking of even collaborating with people, I say you should contact a lawyer.” He stresses that there is no risk to an artist for soliciting a music attorney’s advice. “For the most part, lawyers are not going to charge you to ask a question. If [they do], then you shouldn’t be working with that lawyer.”

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What questions should I ask an entertainment lawyer?

6 Common Questions To Ask An Entertainment Attorney“What does an entertainment attorney do?” ... “Do I need to trademark my band/artist name?” ... “Sometimes I co-write songs with other artists. ... “I was just offered a management contract. ... “I'm in a band. ... “Should I sign a record deal?” ... Keep in mind…Feb 10, 2021

How do I choose an entertainment lawyer?

Choosing an Entertainment LawyerExpertise -- Look for someone who has the specific background you need, in this case, handling contracts within the music industry.Experience -- Focus on finding a lawyer or firm that has years of experience in the area you need.More items...

What is the role of an entertainment lawyer?

Entertainment Attorneys help their clients to understand legal agreements, ensuring that the terms are in their clients' best interests. They work with Recording Groups, Record Producers, Songwriters, Music Publishers, Record Label Executives, Music Producers, and Composers.Jul 3, 2020

What do entertainment lawyers do on a daily basis?

1. What do entertainment attorneys do in a typical day? Lawyers within the practice field of entertainment law break their typical day down to events much like those below: They draft and negotiate development and production contracts with writing, directing, acting and recording talent.

How do you break into entertainment law?

It now seems to me that people break into the entertainment law field in one of three ways: Good connections, great experience on the business side, or incredible credentials. If you don't work at a top firm or you don't know anyone in the field, try taking a job—even an internship—on the business side.

How can I study entertainment law?

How do you become an entertainment lawyer?Earn a bachelor's degree. The first step to becoming an entertainment lawyer is earning a bachelor's degree. ... Pass the Law School Admission Test (LSAT) ... Apply for law school. ... Earn a law degree. ... Consider a certificate. ... Pass the bar examination. ... Gain professional experience.Apr 8, 2021

Do Entertainment Lawyers make a lot of money?

The salaries of Entertainment Lawyers in the US range from $10,018 to $187,200 , with a median salary of $18,674 . The middle 57% of Entertainment Lawyers makes between $18,674 and $74,346, with the top 86% making $187,200.

Are Entertainment Lawyers in demand?

Entertainment Lawyer Growth Trend The predicted growth rate for all occupations is 8 percent. Entertainment lawyer jobs are usually affected by the economy and the health of the entertainment industry which – including streaming services, music downloads and television revenue – continues to remain strong.Jan 20, 2022

What type of lawyer makes the most money?

Types Of Lawyers That Make The Most MoneyMedical Lawyers – Average $138,431. Medical lawyers make one of the highest median wages in the legal field. ... Intellectual Property Attorneys – Average $128,913. ... Trial Attorneys – Average $97,158. ... Tax Attorneys – Average $101,204. ... Corporate Lawyers – $116,361.Dec 18, 2020

What does entertainment law consist of?

Overview. Entertainment law covers an area of law that involves media of all different types (e.g. TV, film, music, publishing, advertising, Internet & news media, etc.)

What does a family lawyer do?

Family Lawyers are responsible for dealing with legal issues that arise between members of the same family. They represent clients in court for contentious cases concerning divorce and domestic violence, but also oversee family estates and offer advice on areas such as adoption and guardianship.Aug 2, 2021

What is media law?

Media law is law that regulates media production and use. Media law can encompass many different types of media including broadcast television, internet and print media.

What is entertainment lawyer?

What is an entertainment lawyer? Unlike divorce or corporate lawyers, an entertainment lawyer represents and protects the interests of creatives, companies and others in the many areas of the entertainment industry, such as film, television, new media, theater, publishing and music.

Which states offer competitive financial advantages for productions?

Many states outside of California and New York offer competitive financial advantages for productions, making it attractive to creatives on a budget to film in these other locations with local crew and other resources at their disposal.

How much does a retainer cost?

It may start at $1000 for contractual and/or advisement issues and go up to $100,000 should they be retained for litigation. Before agreeing to any terms with an entertainment lawyer, inquire about their retainer fee.

Can an emerging creative lawyer be an entertainment lawyer?

And while true that these professionals can foster your career and provide some of the same benefits as an entertainment lawyer, namely industry connections and career advice, neither have the legal expertise of an entertainment lawyer.

What is intellectual property?

Intellectual property, or IP, is big business. From a screenwriter’s spec script to a musician’s original song, anything created within this industry necessitates protection from those who may want to buy it, option it, license it—or infringe upon it with unauthorized use. An entertainment lawyer can see to it that a client’s intellectual property is handled properly and protected when copyright or trademark issues arise.

Can an entertainment lawyer be hired as an employee?

Unless you are potentially forming a company that would require the ongoing services of an entertainment lawyer, they would not be hired as an employee. Rather, they are a contractor who is part of a law firm or the proprietor of their own business.

Is entertainment lawyer specialized?

The nature of work for an entertainment lawyer is highly specialized. That in part explains the costly fees for them. However, it also indicates the extensive education they must attain to be skilled at their job.

What does an entertainment lawyer do?

Entertainment lawyers represent people in the entertainment industry (authors, musicians, actors, producers, etc.) in lawsuits and can advise them about contracts they’re entering into.

What to do if you are being sued?

If you’re being sued, an entertainment lawyer will do their best to prove your innocence or reduce any charges against you. There are no guarantees in a lawsuit, but having a lawyer who knows the ins and outs of the law and court procedure will give you your best chance.

Is Rocket Lawyer a lawyer?

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

What is contingency rate?

Contingency rates are also used, either when your lawyer thinks you have a strong case and you’re asking for compensation, or for long term representation. For long term representation a lawyer will generally charge a percentage of your earnings, though only if you have a steady income.

What to Know Before You Seek an Attorney to Represent You

Heather McDonald wrote about music careers for The Balance Careers. She has worked in the music industry for over two decades.

Determine Your Needs

Music lawyers are under the umbrella of entertainment law, and many specialize in a certain part of the music industry. Understanding what you need legal help with will make it easier for you to find a lawyer who is up to the task. Knowing whether you are looking to build a long-term relationship with a lawyer is also something to consider.

How to Find a Lawyer

Once you know what you need from a lawyer, start asking those in your music industry circles. You are almost certain to know someone who has had to visit a lawyer for a music industry issue before.

Meet With Your Short List

Whether you do it by phone or in person, have a brief question and answer session with your short list of lawyers. Find out what they specialize in, how soon they can work on your case, how much they charge and what their payment terms are. If you get a bad feeling or just don't hit it off with a candidate, don't feel any obligation to hire them.

What is an Entertainment Lawyer

Entertainment lawyers provide legal assistance for artists, employees, companies and individuals involved in all areas of the entertainment industry including, but not limited to, film, radio, television, music, publishing, theater and digital or multimedia entertainment.

How is an Entertainment Lawyer Different Than General Practice Lawyer

Knowledge of relevant cases, statutes, regulations, and collective bargaining agreements typically constitute sufficient competence for General Practice lawyers however, the same does not hold true for entertainment attorneys.

Why Use an Entertainment Lawyer

If you are a member of the entertainment industry, whether an industry executive, recording artist, song writer, film director or actor, you will want to hire a lawyer who is not only able to

Areas Entertainment Lawyers Cover

The areas entertainment attorneys cover are vast. An entertainment lawyer can focus on any or several of many practice areas such as intellectual property, corporate law, labor law, arbitration, alternative dispute resolution, litigation, estate planning, real estate, criminal law, international law, matrimonial law, taxation and immigration law.

What is packaging in WGA?

At the heart of all of the controversy between WGA and the agencies is packaging, which is representing an entertainment property (generally a film or television script), and attaching cast and then bringing the project to production companies, studios, networks and financiers.

Who is the lawyer for Netflix?

Attorney representation can be key, and when it comes to selling a project to Netflix, entertainment lawyer Brandon Blake shares everything he knows from 20 years in the film and television business. Nov 11, 2020. Oct 26, 2020.

What did the legislature say about AB 5?

As part of the legislative history, the legislature stated that they relied on film and television industry executives, as well as entertainment attorneys, who testified that there would be “no effect on the entertainment industry” by the passage of AB 5.

What is the 20% deduction for a loan out company?

The biggest reward for many entertainment professionals with a loan-out company will be getting the 20% tax deduction for pass-through business income under the new 199A tax deduction of the Tax Cuts and Jobs Act (TCJA).

What is the conflict between writers and performers?

At the core of the conflict is something that most writers (and performers) are not aware of, which is that not every project is passed along to the writer. We already knew that the project had to come through an entertainment lawyer, or directly from a major studio or network. So, a lot of projects get cut out right there.

What is the tax cut and jobs act?

It is true that what the Tax Cuts and Jobs Act has given with one hand, it has taken away with the other. Employees with business costs are hard hit, and that effects many in the entertainment industry. When you are an employee you do not have the option of taking business expenses out of your calculation of income. The amount reported on the employee W-2 is your income and the only way to reduce your tax bill is through itemized deductions. Now under the Trump tax “cuts,” many of these itemized deductions are actually eliminated, such as unreimbursed employee business expenses, and a lot of others. Moreover, higher income employees will reach the alternative minimum tax, in which case most of the business deductions are then eliminated anyway, meaning that money spent on things like vehicles, business supplies, inventories, and office space is being paid for with after tax money. Essentially you are being taxed on your revenue, not on your profit.

Why did the network upfronts go virtual?

The effect was that less long-term deals were signed, with a lot of major advertisers making short term, quarterly ad buys rather than going all-in with upfront commitments.

Who owns Whiskey Ghost Entertainment?

“Musicians don’t know what they don’t know, and that’s the scariest part,” says Colin Maher Esq. , owner of Whiskey Ghost Entertainment LLC in Nashville. “When you’re signing anything or thinking of even collaborating with people, I say you should contact a lawyer.”

What is artist counsel?

Even though an artist’s counsel is, according to Lin, “bound by legal and ethical obligations to vigorously represent you,” it’s imperative that an artist participate in the course of their affairs as well . Says Radovanov, “If the artist understands the consequences of the deal, then they can take strong positions in terms of how they want their deal structured, and it allows me to create better concessions.”

What is the meaning of "lean in"?

Lean In. Even though an artist’s counsel is, according to Lin, “bound by legal and ethical obligations to vigorously represent you,” it’s imperative that an artist participate in the course of their affairs as well.

Is there a right time to do a record deal?

Radovanov suggests that there’s a right time to do a record deal—and a wrong time. “You have to understand where you truly are in your career and have the courage to say ‘Not right now.’”

Do lawyers get a bad rap?

Lawyers get a bad rap, and have for literally hundreds of years. “Let’s kill all the lawyers,” says Dick the Butcher in Shakespeare’s Henry VI Part 2. But the Butcher might have changed his tune if he’d ever had to parse the verbiage of a sync licensing agreement or negotiate the details of a sample clearance. The fact is, musicians have to deal with a ton of dizzying legal issues throughout their careers, which means a good lawyer can end up being one of the most valuable members of your team.

What is entertainment lawyer?

Entertainment lawyers are sometimes called on to evaluate financial plans, production budgets, business plans, and creative pitches. This experience can be valuable for moving from legal work to a business development or hybrid business/legal role, such as in the business affairs department of a studio or network.

What is a junior associate?

Junior associates generally work with senior associates or directly with partners. However, junior associates can gain responsibility quickly for some deals, including drafting and negotiating simpler production agreements, such as releases, talent agreements and independent contractor agreements. Law firm entertainment attorneys also consult ...

Why should I hire an attorney?

Below are the top ten reasons to hire an attorney. 1. The Law is Complicated. If you're not a lawyer you probably have no business acting like one in certain instances. Even experienced lawyers typically do not represent themselves in court. Also, attorneys tend to specialize in one or more legal practice areas, such as criminal defense or tax law.

What happens if you don't have an attorney?

If you're not an attorney, you may struggle with the deadlines and protocol for properly filling out and filing certain legal documents. One late or incorrect filing could derail your case, delay a given legal procedure or worse - have the case thrown out altogether (and not in your favor).

What is at stake in a civil case?

What's at stake? A criminal case may determine whether or not you spend time behind bars, while a civil case could hurt you financially. Besides, there are many civil attorneys who don't actually collect a dime from you unless they win your case. Also, you may be able to claim legal fees as a plaintiff in a civil case, so hiring a lawyer can actually save or make you money.

Is it better to plead guilty or admit fault?

Pleading guilty or admitting fault isn't the only choice, even if there's evidence pointing directly at you. When you hire a lawyer, they can explain all of your options and can help you avoid potentially severe penalties even before a trial begins. 7. It's Always Better to Avoid Problems Rather Than Fix Them Later.

What do attorneys depend on?

Attorneys depend on an extended network of professionals to help their clients ' cases. Most non-attorneys don't personally know the types of professionals who can help with discovery or challenge evidence or testimony by the opposing party.

Can I have a free consultation with a lawyer?

Since many attorneys will meet with you for free during a face-to-face consultation, there is really no harm in talking with one. Not only will a free consultation give you an idea of the type of case you have and its likely outcome, it will help you decide whether you actually need to hire a lawyer.

What is the disadvantage of being a non-adversarial?

Non-attorneys are generally at a disadvantage when squaring off against opposing counsel or doing business with another party that has legal counsel. As explained above, the law is complicated and an attorney representing your adversary (or even a non-adversarial party entering into a legal agreement with you) will take advantage of this inequity.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

What is a potential money pit?

When hiring an attorney, a potential money pit is “expenses” outside of the lawyer’s billable hours. Expenses include everything—copying and faxing costs, hiring expert witnesses, and even traveling via private jet, points out attorney Justin C. Roberts. Some lawyers don’t just pass the charges along; instead, they charge an additional percentage fee. Whatever their method, you need to know it up front so there won’t be any surprises when the bill arrives.

Do good lawyers always find every opportunity to keep a case from being decided by a judge?

“In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says. “If a lawyer suggests they want to try the case in front of a judge, you should definitely speak with another lawyer before proceeding,”

Can you appeal a disability denial?

If you feel helpless when faced with an insurance denial, please know that you might be able to appeal with the help of a qualified lawyer, says David Himelfarb, attorney. Insurance companies routinely deny long-term disability claims, for example, particularly because it’s assumed that most people don’t have access to reputable attorneys to challenge the denial. “This is where intricate knowledge of the legal and insurance process, as well as the right team of experts to prove the claim, can reverse the odds.”

Do most cases settle outside the courtroom?

In choosing your attorney and your plan of action in resolving a dispute, it’s important to consider that despite what you see on television, most cases never see the inside of a courtroom. Typically, they’re settled outside the courtroom because of the time and expense involved, according to attorney Darren Heitner, author of How to Play the Game: What Every Sports Attorney Needs to Know.

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