Before I do that, let me put my disclaimer here: These pages are created to inform and educate the public only. They are not and should not be considered legal opinions or advice. You do not and cannot have any client-attorney relationship with me based on these blogs. You should not act upon legal advice found here but are instead advised to seek professional counsel before taking any action based upon information found on this blog. Okay, with that being said, here's my list of tips:
1. Before firing your entertainment attorney:
- Try to resolve the issue first.
- Set up a meeting if possible.
- Send a letter voicing your concerns. Sending a letter will document your concerns should you need proof that you communicated your concerns and the number of times you attempted to resolve the issue.
- Discuss your concerns.
- Find out ways that you yourself can help the attorney help you: If the attorney is having problems negotiating your deal for you, for example, perhaps the problem could be with the material that he or she is given to shop. You can thus help the attorney by making sure your material is a hit and that you are a hit artist or songwriter.
- Make sure that the things you've asked the attorney to do is reasonable.
- Make sure you know and understand the agreement you have with attorney and what it says about firing them. Follow the agreement.
- Know that you have the right to fire your attorney at any time.
- Send the attorney a letter letting them know that you have decided to no longer use their services. This documents the time and day that you fired them and helps with disputes for any legal work performed after that date.
When to fire your entertainment attorney:
- When an entertainment attorney does something unethical.
- When you can't hardly ever reach them. Be reasonable on this: if you are calling your attorney every day, then no, you shouldn't expect them to call you back every day unless perhaps, you are in the midst of negotiating a deal. The key word here is hardly ever.
- When they don't have adequate time to meet with you and discuss your business . Let's say you do reach them but your attorney is always too busy, and for example, they constantly rush you off the phone or act impatient with you, constantly talk to other clients or other people while meeting with you, you should consider using a different attorney.
- When your business needs are not being met: Say you hire an attorney to shop your songs for you and you've given them the industry standard time to do so (which means you must give them enough time to do this, and not because you are impatient with the process). After giving them the industry standard time for placement, you ask them to whom they've shopped your songs. If they can't give you a list, you may want to consider discontinuing using their services. This does not mean that if you don't get placement, you should fire your attorney as your lack of placement could mean some other things, like your songs are not commercial enough, record companies are not looking, etc. However, your attorney should be able to at least show you to whom they have shopped your music.
- When the attorney can't deliver their services in a timely manner. The music business is a fast-paced business. So you want to make sure that your attorney is keeping up. If your attorney keeps taking his or her time with getting you the contracts you need, or helping you negotiate your deals, etc., then consider hiring another entertainment attorney instead.
- When your entertainment attorney is too afraid to aggressively negotiate your deal. This business is your business. It's your money. It's your career. Your attorney should know and understand that. They should be just as aggressive and tenacious as you are about getting you the best deal possible. They should not be timid or shy or scared to do so or else, hire another entertainment attorney. On the other hand, make sure that you are not asking your attorney to give you the world. Make sure that you are not asking your attorney to do illegal or unethical things. Make sure that you are asking for reasonable amounts and things in your contracts.
- When your attorney breaches their other client's confidentiality. You want to make sure that your attorney will keep your business confidential.
- When your attorney has a conflict of interest. Again, make sure that your attorney and your manager are not the same person. And make sure that your attorney does not also represent your manager. If a discrepancy happens between band members and all members have the same attorney, then it may be time for the person with the dispute to hire a separate attorney.
Know the ramifications of firing your attorney:
- You lose the business relationship you may have had. Having to begin again with a new attorney will cost you time and money of having to update the new attorney.
- You may be given a bill for time spent working on your behalf, which is reasonable if the attorney actually worked on the case. Or you may not owe them anything. Check with the State Bar Association or consult with your new attorney on this.
- Ask for all documents related to your case.
Prayerfully, you will find a better entertainment attorney the next time around. Again, for tips on finding an entertainment attorney, click here.
Thedy B, Attorney/Songwriter
Hits A Million, LLC
myspace.com/hitsamillionllc
interviewed.blogspot.com - contains interviews of top producers, songwriters, & music execs
globalmusicbusiness.blogspot.com -helping you go global with your music
musicpanels.blogspot.com -missed a music conference, find some clips of it here
mobilemusicbusiness.blogspot.com -go mobile with your music, find ways to do mobile marketing
musiclabels.blogspot.com - find out information on new record labels recently launched
hitsamillion.ning.com - network with other producers, singers, songwriters, and beatmakers
