Lisa M. Donini is a New York City based entertainment attorney who is admitted to practice in New York, Connecticut, and the District of Columbia.

Think you can’t afford to hire an entertainment attorney?

If you intend to pursue a career in music, you can’t afford not to hire an entertainment attorney.

Entertainment attorneys are key players in the music industry, and are privy to more deals than most music industry professionals. Because of the sheer volume of deals that they see, entertainment attorneys have more knowledge about the terms and compensation available for their clients, and are not operating in a vacuum when negotiating on your behalf. In addition to negotiating contracts, and providing legal advice and representation in connection with copyrights, trademarks, and other intellectual property, entertainment attorneys help to mold and structure artists’ overall business lives and careers.

Just a few clicks of the mouse and you will come across hundreds of stories about artists who didn’t get a fair deal, or who were tied to extraordinarily long bad deals, despite having made their record label and/or manager, as the case may be, tons of money. Nonetheless, record companies are, for the most part, a necessary evil, unless of course you’re Ani DeFranco. The key to a “successful” career as an artist is in finding the right fit, knowing and protecting your rights, and getting the best deal possible.

Finding The Right One

In order to get the best deal possible, and not give away the farm as the saying goes, it’s important to consult with an attorney. When I say an attorney, I don’t mean your cousin’s uncle, the ambulance chaser, who fancies himself a rock historian simply because he has a box full of old concert ticket stubs and can still fit into his 1979 Van Halen “World Vacation” tour concert t-shirt. Find an experienced entertainment attorney who possesses knowledge of the recording industry and has some sort of a track record, or at least the dedication and intelligence to get the job done, and get it done correctly.

The Search Is Over

How do you go about finding, and what should you look for, in an entertainment attorney?
In the entertainment field, legal education is only a small part of the equation, although it does have some relation to the attorney’s acumen for more complicated legal matters and issues of law. However, more important in this business, is an attorney who has the right connections in the industry, who stays up to date with hot legal issues, technology, and of course, current music.

Even though an attorney may be a member of a large firm, and has a slew of clients whose names read like a who’s who of Rolling Stone, before you sign the retainer, confirm that the attorney you intend to hire has the time to personally give you the attention that you need, and that he doesn’t simply relegate your file to a junior attorney, paralegal, or intern.

The attorney you choose has to be accessible, regularly take your calls, or at a minimum return your calls within a reasonable amount of time. When you get him on the phone, you shouldn’t hear a stopwatch ticking in the background, you should feel like he is listening or advising, and not trying to rush you off the phone. He should be able and willing to take the time to explain things in plain English, rather than legalese. It is important that he isn’t abrasive or condescending and that his personality be complimentary to your own. He should understand the direction that you envision for your career, and should always keep your goals in mind when negotiating on your behalf. After all, you are putting a lot of faith in his ability, and it’s crucial that he is on the same page as you. He should be sufficiently aggressive to represent your interests and secure the best deal possible, while still maintaining relationships and not blowing the deal, i.e. a healthy balance between good and evil. The worst position to be in is one where you’ve hired some hard ass who is unreasonable and who holds out for what amounts to a comma, and the delay or difficulty ends up blowing the deal. Remember, you are trying to build a career and not alienate everyone who is going to be working with you.

An Arm And A Leg

As for the fees charged by entertainment attorneys, they run the gamut, and may not be indicative of the attorney’s experience, especially if he is an associate at a large firm. Most attorneys bill either on an hourly basis plus out-of-pocket expenses; or, they charge a percentage of the deal, usually in the 5 to 10 percent range. It is important that you are aware of what you are being charged for, and that you ask for an estimate of what it will cost you, where possible.

The bottom line is, when pursuing a career in music, don’t wait until you have a deal on the table and a record label or manager pressuring you to sign, before finding an entertainment attorney. Do your homework, ask other musicians for referrals, research the attorney’s reputation in the music community, and then go out and interview them. Most attorneys are willing to meet with you for a short consultation free of charge or for some minimal fee. There is no excuse for settling for an attorney who is not the right fit for you, or who was recommended by the person or entity that you are negotiating with. Worse yet, signing a legal document which has long lasting ramifications without the benefit of having a non-partial party properly review it and explain it to you, makes little sense.

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