Getting The Law On Your Side

by Chip Cox

Many of these columns have had a DIY slant, where the topics covered generally describe ways that musicians and bands operating on a shoestring budget can do at least some of the necessary business paperwork without having to hire an attorney. However, there are times when you are going to have to take the step of obtaining legal counsel. While hiring a lawyer is going to cost money and won’t be all that much fun, taking this step is also a sign that your career has reached a point of a certain seriousness. Fact is, if you don’t need a lawyer, you’re not looking to sign any contracts in the near future.

On those rare occasions where I’m talking with lawyers not doing entertainment law and they’re asking me just what it is that I do, my stock answer is that I either negotiate contracts for a band or try to fix a contract that the band did on their own, without an attorney. Of the two situations, the latter is usually more expensive for the band. In my experience, it’s generally less expensive to do the actual contract negotiations than to try to fix a contract mess. As a general rule, I’m going to suggest that anytime you’re considering signing a contract, you ought to consider consulting an attorney.

There’s exceptions to that, of course. I’ve seen license deals that aren’t much more than a page or two that have been written in plain English. For musicians with some experience in the business and have a bit of understanding about how this type of license works, it could be that talking to a lawyer isn’t necessary. Here’s a good test to apply: If, as you’re reading the contract language, you don’t understand something, it’s probably a sign that you need to obtain some help from someone who does. As a sidenote, don’t automatically believe that the label who sent you the contract knows what the language means either - I’ve had people that run well-known indie labels confess that they didn’t know what certain parts of their contract actually did.

All the above discussion begs another question - how do you go about finding a lawyer? Aside from throwing open the phonebook or calling the local bar association’s referral phoneline, the absolute best way to locate an attorney that really knows the record business is to ask around. Talk to other musicians and find out who they’re using. There’s no better reference than that of a satisfied client. I’d suggest as you’re soliciting recommendations, you talk to banks doing your type of music, working in your level of the industry. You’re more likely to get a good fit if the lawyer has experience in your segment of the business.

As to fees, it’s something you want to work out at the beginning. There’s several ways to work this out - the traditional hourly rate is one. Another is a flat fee, where you know up front how much the lawyer’s services will cost. Other attorneys will offer the option of a smaller amount up front with a percentage of your later royalties in the future. Choose what you’re confortable with. One last item - find out in advance what the attorney charges for you to call and ask a question. Some people get quite a shock to find out they’ve been charged $40 for a five or ten minute phone conversation. My own rule is that I don’t charge clients to talk with them as it’s part of creating a good attorney-client relationship. Also, I’d much rather a client call to let me know what’s going on than for them not to call until there’s a real problem that might have been avoided had they called sooner. However, not all lawyers have the same rule.

Chip Cox is a former professor at the University of Missouri Law School and currently practices entertainment law in his hometown of Kansas City, Missouri. He can be reached via email at chip@inspiratron2100.com