When Do You Need An Entertainment Attorney?

When Do You Need An Entertainment Attorney?

An entertainment attorney should be your first professional contact in the music industry. A good attorney can help guide you through each step of your career, help you make decisions about how to achieve your goals, and assist you in approaching industry "gatekeepers." For these reasons, I recommend finding an entertainment attorney early in your career, someone to advise you along the way.

Most entertainment lawyers will charge a nominal fee to counsel you on career development matters. During these consultations, you can get answers to many of your questions, insight into the industry, and valuable help in advancing your career in music. It is really beneficial to have this kind of direction, and to have someone looking out for your best interest, even if you have to pay for it, from the very start of your career. You won't have to sign an exclusive contract to consult with an entertainment attorney, who will be available whenever you want to set an appointment. Once you find a manager, it will become his or her job to advise you about career issues, while your attorney will continue to counsel you in legal matters.

Exactly when you first contact an entertainment attorney is, of course, up to you. I really don't like to set absolute rules, or say "never" or "always," because every situation is different. But once you start dealing with contracts, the absolutes apply. Never sign anything related to your music career, except an autograph, without the counsel of an entertainment attorney. This is not an option, but a requirement. Protect yourself. No matter what your music-related goals may be, this is a business based on contractual agreements. Before signing one, always have it reviewed by an attorney. This will help you to know exactly what you are signing, what you are committing to, and what you will receive in return. And always seek the advice of an experienced attorney who is knowledgeable about the music industry. In other words, your Aunt Sara's neighbor, Bob, who practices real-estate law, is not the guy you need representing you on a record deal.

Some artists believe that employing an entertainment law firm will hurt their chances of securing the deal because the attorney will intimidate the other side or somehow ruin the deal. This is an unfortunate misconception. As described in the previous chapter, your entertainment attorney will advise you and help to protect you from signing a bad deal. It is simply the attorney's job to negotiate a better deal with the record company or other industry professionals.

Reputable companies, managers, and other music-industry professionals know this and will actually welcome your use of an attorney. No major record or publishing company will negotiate a contract with an artist who is not represented by an entertainment attorney. And no reputable professional will object to your having an attorney review an agreement before you sign. If the person or company with whom you are talking does not want you to hire an attorney, or says you do not need an attorney, or breaks off negotiations because you sought out counsel, then you absolutely should not be in a contract with that person or company anyway.

You may prefer to save money and go without an entertainment attorney. It always is your choice. But know this: During my years of experience, I have spent a lot more time (and made a lot more money) trying to get artists out of bad deals than negotiating moderate to good deals for clients who hired me at the start. As the old saying goes, "You can pay me now or pay me later." Bottom line: Your attorney's fees are as much a cost of doing business in the music industry as your guitar or studio time.