Music/Entertainment Laywers

[inquisitivegal]

What is the name of your state (only U.S. law)? California

Hi - My band would like to hire a lawyer on a % of income basis. I've read online that the standard is 5-10% with these types of arrangements, but the lawyer that I'm currently talking to is asking for 12% (started at 15%). I think anything above 5% should have a cap. What is the norm in these situations? I want to ensure we work out an arrangement that's fair for both parties.

Any insight you have would be much appreciated.

Thanks!

 

[Sloop John D]

Speak with other attorneys and see if you can get a better deal. You don't have to go with the first attorney you talk to.

 

[inquisitivegal]

I have talked to a few. Most bill by the hour. I'm just wondering if there is an industry norm/standard. My band has two years history of successful touring so income in pretty much guaranteed. I'm concerned that 10% of all income streams would eventually leave us with the short end of the stick.

 

[quincy]

You can negotiate for a lower percentage with the attorney you are talking to now, or you can find an attorney willing to meet your desired terms, as Sloop John D said. An agreement "that's fair for both parties" is an agreement that both parties agree is fair.

I wish you much success with your band.

 

[inquisitivegal]

Thanks to you both! I'm just wondering if anyone has any insight on what is "fair" in this respects. I need the lawyer for basic things: researching past documentation and ensuring the band maintained good copyright records, etc., handling new contracts like publishing, merchandising, distribution, etc. There might be a bit more work upfront since there is some house cleaning and setting up a strong foundation (which wasn't done in the past), but after that it should be status quo. If our band makes say $300k a year and the lawyer gets paid 10%, then the lawyer makes $30k that year off of this band. What I've read online is that the average salary of a lawyer is around $75k a year, so earning that much off of one client seems steep. This particular lawyer has a full time job at a firm so this would be part of his freelance evening/weekend time work. I live in the LA area, and this particular lawyer graduated from a top tier law school, so I don't know if that maybe why he is asking for so much. Again, just looking for some sort of benchmark at this point because I am only going off of information from the internet, which we all know is ok for guidance and general knowledge, but now that I'm ready to make a decision I want more solid experience based advice. Thanks!!!

 

[quincy]

Does your band have an agent? You may wish to consider one.

With no agent to guide you, I suggest you base any decision to hire an attorney less on their annual income and how much they may "make off of you," and more on what sort of experience they have doing what you want them to do. If the attorney has graduated from a top tier school but has no experience in the entertainment field, for instance, the fact that he graduated from a top tier school should mean nothing to you.

You may wish to contact other bands in your area and get some recommendations from them first and then interview several attorneys. Ask these attorneys the pertinent questions and, while cost is definitely pertinent, it is often not what is most important. Have the attorneys address your concerns up front.

Spending money now to find an attorney who you are comfortable working with and who will meet your needs is better than jumping into what may be a contractually long-term relationship with someone you later discover to be a bumbling idiot or obnoxious.