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A Day In The Life of an Entertainment Attorney
The Villanova University Sports & Entertainment Law Society recently sponsored "A Night of Music and the Law: A Day in the Life of an Entertainment Attorney," at The Grape Street Pub in Manayunk, PA, for aspiring entertainment and sports law students, artists and songwriters. The event included a panel presentation by sports and entertainment attorneys, who discussed their law practices.
Event host Rachael Kopp of the Law Society introduced the panel moderator, Mark Schulz, Executive Director of the Philadelphia Chapter of the Recording Academy, and the panelists: entertainment attorney James E. Elam, IV, who is an associate at the law firm of Dilworth Paxson LLP. Philadelphia, PA; entertainment attorney Marcy Rauer Wagman, who is a Partner with Rauer, Sol & Wagman, P.C. in Wynnewood, PA; entertainment and sports consultant, manager and attorney Lloyd Z. Remick, who is Of-Counsel to Remick Martone, PC as well as President of Zane Management, Inc., Philadelphia, PA; entertainment and sports attorney John Robertson, Jr., who is the managing partner of the law firm of Robertson & Palladino, based in Philadelphia, PA; entertainment attorney Brad A. Rubens, who is an entertainment attorney and partner in the Philadelphia-based firm of the Law Office of Brad A. Rubens, LLC; Tonya M. Evans, who is an entertainment attorney specializing in estate management for entertainment and sports figure; and, Michael W. Carroll, who is a professor of law at Villanova University. Biographies of the panelists and information about the event sponsors can be found at the end of this article.
Moderator Mark Schulz asked the panelists a variety of questions regarding their law practices. The following portrays those portions of the discussions targeting artists and songwriters:
Starting An Entertainment Practice
Mark Schulz began by asking the panelist how they developed their client base of artists and songwriters. The first point they made was that as attorneys, their code of ethics prohibits them from soliciting clients directly; therefore, they had to put themselves into places where they could interact with artists and songwriters in social settings. In other words, the attorneys went to where the artists and songwriters congregated and made an effort to become a part of their local music community.
The panelists agreed that this strategy is an effective way for an attorney to begin building an entertainment law practice, a strategy that they all employed to some extent. James Elam described how when he was starting out, he went anywhere that an artist or songwriter might be: church events, community events, venues, festivals - anywhere where he could build a presence in the music community. James and the others said that once their practices began to build, they could afford to become more selective. Their clients at this point come mostly through referrals.
The Importance of Referrals
When Mark asked why referrals were so important, it became clear that their importance was as much a function of time as it was a function of finding desirable clients. As their practices grew, the attorneys simply didn’t have the time to spend mixing in the music community as they once did. John Robertson described a typical day of an entertainment attorney with a busy practice: up at 5:30 AM to work on paperwork before the phones start ringing off the wall. Get the kids off to school, get to the office (home or corporate) by 8:30 – 9:00 AM. Review the day’s schedule and complete as much paperwork as possible. The phones start ringing around 10 AM and continue all day. Fit in meetings with clients and more phone calls and paperwork. Home for dinner with the family, put the kids to bed, and then around 9 PM, start paperwork again. Finally, lights out at around 12-1 AM. It was surprising to hear each panelist describe his or her day in very similar terms.
In light of their schedules, and fact that an attorney cannot directly recruit clients themselves, referrals from other clients, business partners, colleagues and respected music industry professionals became an increasingly important method for these busy attorneys to recruit and develop new clients. A referral means that some of the groundwork has already been done for the attorney: the potential client has been identified; someone in the business is vouching to some extent for the potential client’s talent, credibility and character; and, there is an assumption that the potential client does, in fact, require some legal services. As in most other aspects of the music industry, referrals have become a mainstay of these successful entertainment attorneys’ practices.
What Attorneys Look For In New Artist/Songwriter Clients
When Mark asked what an attorney looks for in a potential client, James Elam replied, "Artists can be disorganized and somewhat clueless when it comes to managing the business affairs of their careers." Before considering representing an artist or songwriter, James looks for someone who has put in the time to learn how to present him or herself in a professional manner. Do they show up on time for appointments? Do they have a concept of what they’re about artistically? Do they have professional-looking artist packages? These are things entertainment attorneys look for when considering representing a prospective client.
Tonya Evans added that there are plenty of opportunities for artists and songwriters to learn about the basics – seminars, workshops, books and magazines, web sites, etc. If an artist or songwriter puts the time and effort into learning the basics and participates in industry events, they can learn to present themselves in a professional manner, Tonya said. They should also be able to find an entertainment attorney willing to work with them.
The Role Of An Entertainment Attorney
Mark asked the panelist what they felt was the role of an entertainment attorney in an artist or songwriter’s career. Their involvement with their clients is mostly "transactional" in nature. In other words, the bulk of their business involves reviewing and consulting their clients on contracts and other official business. They do not typically get actively involved in a client’s career.
John Robertson described the role of an entertainment attorney as an "advocate and counselor." The attorney would advocate their clients’ positions in business deals and counsel their clients on legal matters. But, they all agreed that if they have a client who is an up-and-coming artist or songwriter, and they are convinced of that individual’s talent and ability, they may decide go beyond the strict transactional realm in the services that they provide to that client.
Mark asked for some examples of what an entertainment attorney could do for a client in those instances. The panelists shared some examples from their own practices, such as finding and helping to foster relationships with publishers and record labels, or seeking management opportunities for their clients. They’ve acted as a "buffer" for their clients, meaning that they served as a go-between for their clients and others interested in their clients’ careers. They’ve also advised their clients on management deals or potential publishing contracts, above and beyond contractual reviews, and introduced their clients to other music industry professionals.
Helping to foster a budding artist or songwriter’s career is one reason why many attorneys move into entertainment practices, to become more involved in the music industry. Brad Rubens noted that when this kind of relationships develops and the attorney’s role broadens to include many services beyond negotiating a contract, the attorney is not necessarily paid for those additional services. Brad said that picking the right artist or songwriter to move into a more substantial relationship is "a critical decision for an attorney," because of the time commitment that goes with it, a time commitment that often is not paid for by the client.
Brad cautioned that an attorney places him- or herself in a position where it is easy to get burned in these situations, which is another reason why so many entertainment attorneys depend on referrals for their clients as their practice develops. A referral from a known, trusted, or respected source gives an attorney some reassurances about a potential client that they couldn’t get otherwise. But, he affirmed, it is not the general rule for attorneys to expand their role in this way. It usually only happens when the attorney really believes in the client’s ability and vision.
Moving Into Management Roles
Mark questioned the panel about when and how an attorney might make the move to become an official manager for one of their clients. A they mentioned before, a major pitfall for attorneys who take on an expanding role in a client’s career is that they’re not getting paid for those extra services. In addition, there is no contractual obligation on the part of artists or songwriters to maintain their attorney/client relationship with that particular attorney; they can drop their attorney anytime for another one. When that happens – and it does happen, they assured us - the original attorney never benefits financially for the expanded services they provided that might have led to their clients’ career development. Consequently, when an attorney goes the extra mile - and then ends up losing their client - that extra mile can end up being a very expensive one for that attorney. The panelists all experienced this type of situation in their careers.
An entertainment attorney’s lack contractual protection in these kinds of situations is why some attorneys make the switch to an official management role with a particular client. When the switch is made, the attorney gives representing the client as his or her attorney, as it would be a conflict of interest to represent the client as both an attorney and a manager. Those on the panel who have been managers said that they still review their artists’ official documents along with the artists’ new attorneys, just for their own satisfaction. But, they said it would job of the new attorney to counsel the artist on legal and contractual matters.
When asked if attorneys make good managers, Michael Carroll suggested that legal training helps people to learn how to make decisions and how to be wise. He said that these qualities can make for a good artist manager. When an artist or songwriter starts out, they may depend on their friends to provide them with help in their careers. But, as their careers grow, they will outgrow their friends when it comes to official representation. "It is imperative for an artist to have appropriate representation as their careers grow." Michael said.
Issues Surrounding The Transition From Attorney to Manager
Mark asked the panel if there difficulties could arise in the attorney/client relationship when management-type activities start to enter the relationship. Lloyd Remick said that trouble can arise, and it is very important that an attorney be careful about how a management relationship develops. He strongly advised any attorney considering taking on a management role to have their client seek the counsel of another entertainment attorney to represent the client during the management contract negotiations. It is very important, he stressed, that the attorney considering a management contract "keep the lines very clear" and not attempt to counsel their client on the nature and terms of the possible management contract. John Robertson agreed, saying that the attorney must be very careful how the new management agreement is worded, so that their previous role of attorney for the client does not bleed into the new role of manager for the client.
What An Entertainment Attorney Is Not
Mark asked if there were anything that an attorney shouldn’t do for their clients. Lloyd Remick told the law students in the audience that it is not the role of an attorney to be an artist’s friend; rather, it is the role of the attorney to be the artist’s "governor." The entire panel nodded in agreement when Lloyd said that there isn’t an entertainment attorney around who hasn’t been burned by a client, even those with whom the attorney had developed a very friendly relationship with. He cautioned the students that some artists’ view of the world is that it is their God-given right to be successful, and they see their attorneys as an adjunct to attaining their "right to success." Those artists may have few qualms about switching allegiances and alliances along the way. "The practice of law in the entertainment industry is fraught with peril," Lloyd stated, with his colleagues nodding in agreement. Lloyd also encouraged law students to get a well-rounded education, including some working knowledge of tax laws, real estate, domestic issues, and the like, because if they end up representing a major artist, many of those kinds of issues will come into play within their practice.
Representing Aspiring Artist and Songwriters
Mark moved the discussion to unsigned artists and songwriters. How can attorneys help them, he asked. Marcy Rauer Wagman said that it is important for an entertainment attorney to be an advocate for their aspiring songwriter/artist clients, because attorneys play an important role in helping to give their clients a "reality base." "Everyone thinks that they’re going to make it," she said, "and an attorney can help them to develop realistic steps to achieve their goals." Marcy stressed how important it is for both the attorneys and artists/songwriters to be goal oriented and to establish and carry out a realistic plan, if they want to have a chance to succeed in the competitive entertainment industry.
Tonya Evans added that the most important role of the attorney, when it comes to aspiring songwriters and artists, is "to provide information, mediation, and protection." She explained that attorneys provide information to their clients about their legal rights in a variety of situations; they provide mediation to their clients with regard to the nature of relationships in the industry that the artist/songwriter might develop; and, they protect their client’s rights by representing them in various situations and transaction. Tonya also stressed that an entertainment attorney’s job is to represent the artist or songwriter, and not the deal. She and the other panelists recounted the many times they’ve had to advise a client against a deal because it was not in their client’s best interests, to the dismay of their clients.
How To Prepare For A Meeting With An Entertainment Attorney
When asked how an artist or songwriter should prepare for their first meeting with an entertainment attorney, Michael Carroll suggested that before an artist or songwriter makes an appointment with an entertainment attorney – or any other music industry professional - they should bone up on the business by visiting the many web sites out there featuring music business information, such as www.nolo.com and www.futureofmusic.com. He encouraged songwriters and artists to "educate themselves so that they know what kinds of questions to ask" the attorney, booking agent, manager, producer, or whomever they might be meeting with in the entertainment industry.
Brad Rubens recommended that anyone wanting a career in the music industry, whether as an attorney, artist or songwriter, should read and memorize Don Passman’s book, All You Need To Know About The Music Business (Simon & Schuster). They should also read trade magazines like Billboard Magazine, and read anything that will familiarize them with how the business works, the terminology, and the customs and business practices of the industry. John Robertson added that The Recording Academy is a good resource for learning about and becoming involved with the music industry, and he suggested that people join the organization. James Elam also recommended the legal web sites, www.westlaw.com, as another resource to check out.
Keeping It All Together
A member of the audience asked the panelists how they keep their lives in order, in light of the heavy schedules and demands of an entertainment practice. Tonya Evans said it’s all about the word "no." She told the audience that attorneys must learn to say no at times, and "decide who is your master going to be? Your clients? Your practice? Your family? If an attorney is truly blessed with a thriving and growing practice, a crossroad will arrive in life when all of those relationships will be struggling for your attention," she said, "and you will have to decide when and to whom you will say no."
Marcy Rauer Wagman told us that it is a learning process, and that it can be very difficult to divorce yourself from your clients and your business. She added that certain types of personalities fare better when dealing with the stress of an entertainment law practice, pointing to her colleagues on the panel. "We all have strong, aggressive personalities up here," she said with a smile. Lloyd Remick told us that he has to focus. "You have to be able to focus, prioritize, and work well under pressure." James Elam agreed, saying that he views his work life as a sprint. "A sprinter never looks to the side, because if he does, he’ll get off the track," he said.
Why Do It?
Mark wrapped up the panel with the final question for the panelists: In light of the hard work, crazy schedules, temperamental artists and the like, why choose entertainment law?
Marcy Rauer Wagman summed it up for the panel when she said "It’s a rush when you make a deal. You’re pumped up for your client, you’ve fought the good fight, and you’ve done your job. It’s a great result. It’s a great high and a rush."
In the end – and not surprisingly – these fine attorneys spoke to all of the same issues, concerns, and personal qualities that one would hear from a panel of professionals in just about any other aspect of the entertainment industry. The issues, concerns and personal qualities that make for a successful entertainment law practice are similar to those that make for a successful artist or songwriter: Talent, preparation, education, persistence, performance, realism, choices, and a willingness to fight the good fight to arrive at your career goals.
Panelist Bios
Brad A. Rubens, Esq.
Brad A. Rubens is a nationally recognized entertainment attorney and partner in the Philadelphia based firm of the Law Office of Brad A. Rubens, LLC. He represents recording artists, producers, songwriters, managers, publishers and record companies as well as screenwriters and performers of film music. Rubens’ clients include superstar producers, Rodney Jerkins and Scott Storch, Grammy award winners, The Roots and multi-platinum artist, The Bloodhound Gang. Mr. Rubens’ record company clients include Darkchild Records, Motive/MCA Records, Judgment Records, Antra Records and Ropeadope Records. Rubens previously has won the "Best Entertainment Attorney" award in Philadelphia Magazine’s "Best Lawyers in Philadelphia" poll. He also is a member and former Treasurer of the Philadelphia branch of NARAS. Rubens is a frequent speaker at national industry, bar association and law school seminars and has been an adjunct professor in music business education at the University of the Arts in Philadelphia.
James E. Elam, IV, Esq.
James E. Elam, IV is an associate at the law firm of Dilworth Paxson LLP and a graduate of Widener University School of Law, where he acted as an Associate Editor of the Widener Law Symposium Journal. He practices in the areas of entertainment and corporate law. In 2001, Elam served as the Chair of the Young Lawyers Division of the Philadelphia Bar Association. A native Philadelphian, he is very active in community and civic organizations. Elam also is on the Board of Governors of the Philadelphia Bar Association, Philadelphia Bar Commission on Judicial Selection and Retention, Advisory Board for the Friends United in Need Network, Regional Counsel for the Eastern Region of Phi Beta Sigma Fraternity, Inc., and a member of the Young America Political Action Committee, The Recording Academy, and Urban League of Young Professionals. Dilworth Paxson’s Entertainment practice group counsels its clients on a broad range of vital industry areas including contract negotiation, licensing law, copyright, trademark and patent services. Chaired by Elam, the entertainment practice group’s clients include performers, writers, publishers, producers, executives, multimedia and online media companies from the music, film, TV, publishing, broadcasting and theater industries.
John T. Robertson, Jr., Esq.
John T. Robertson, Jr. is the managing partner of the law firm of Robertson & Palladino and concentrates his practice in the area of litigation, and entertainment and sports law. Since 1987, he has represented musical groups, songwriters and record producers, television, radio and sports personalities, and entertainment-oriented companies. John has served as General Counsel to Judgment/RCA Records (formerly Ruffhouse/Columbia Records) and Judgment Music Publishing, LLC where, during a two-year tenure, he also served as Senior Vice President of Business/Legal Affairs. He was recently elected to the Board of Governors of the National Association of Recording Arts and Sciences (The GRAMMYS). Robertson is currently the President of and General Counsel to Tug McGraw’s (former Phillies and Mets relief pitcher) Sports and Entertainment Marketing Company (Tug McGraw and Associates), which represents various sports, television and radio personalities. He is a member of the State and Federal Bars of and licensed to practice and actively maintains offices in New York, Pennsylvania, New Jersey and Florida. Johnson is an active member of the American and Pennsylvania Trial Lawyers Associations.
Lloyd Zane Remick, Esq.
Lloyd Z. Remick is Of-Counsel to Remick Martone, PC, as well as President of Zane Management, Inc., a Philadelphia based sports, entertainment and communications consulting and management firm. Remick is a nationally recognized entertainment and sports attorney and manager of athletes, recording artists, writers, producers, television, radio and entertainment personalities. He is a registered contract advisor with The National Football League Players Association and the NCAA, representing professional athletes with their careers in football, basketball, ice-skating, crew, boxing and track & field. Remick has represented a number of award winning recording artists and producers; and for twenty years represented and managed Grammy Award winning musician Grover Washington, Jr. He is an Adjunct Professor at Temple University School of Law, where he teaches an entertainment and sports law course and has written several articles and a textbook on entertainment law-related subjects. He was voted one of the "best, brightest, wiliest, winningest, most tenacious and efficacious attorneys" as well as "Best Entertainment and Sports Attorney in Philadelphia" by the Philadelphia Magazine in March 1999. Remick is also listed in Who’s Who In American Law and Who’s Who in Poetry, and is the recipient of many prestigious awards, such as the Philadelphia Achiever Award; Distinguished Service Award; Golden Slipper Club; Liberty Bell Award; BMA Distinguished Music Award; The Duke Ellington Humanitarian Award; and The 1992 University of Pennsylvania, Wharton Club’s "Man of the Year Award," just to name a few. Remick has also served on the Board of Governors of the Philadelphia Bar Association and spent six years as a Hearing Member and Chairperson for the Disciplinary Board of the Pennsylvania Supreme Court.
Marcy Rauer Wagman, Esq.
Marcy Rauer Wagman is a Partner with Rauer, Sol & Wagman, P.C. in Wynnewood, PA, where she practices entertainment law, and copyright and trademark law. She represents recording artists, producers, managers and independent recording labels. She continues to write for, and produce, recording artists, and has been a writer/publisher member of ASCAP for the past 17 years. Rauer Wagman also writes songs for a recording artists. She scored a No. One rock hit with "I’m Not Your Man," which she co-wrote with Tommy Conwell of Tommy Conwell and the Young Rumblers, on his debut album for Columbia/SONY Records, Rumble. She and Tommy co-wrote three songs that appeared on his second Columbia release, Guitar Trouble. In 1988, Rauer Wagman was honored to share with Tommy Conwell the "Linda Creed Award" for Best Songwriter from the Philadelphia Music Foundation. Her publishing company is MAJERA Publishing/Shaney Divine Music. Rauer Wagman was a founding partner of FC&D, Inc., a music production company for broadcast advertising with offices in New York and Philadelphia, where she was Executive Producer/Creative Director. FC&D, Inc. won awards from the Philadelphia Advertising Club, the Television and Radio Advertising Club, and won the National Marketing Award from McDonald’s, Inc. for its TV campaign. Both in 1999 and 2000, she was elected by her peers to serve on the Board of Governors of the Northeast Regional Chapter National Academy of the Recording Arts and Sciences (NARAS), the organization that produces the Grammy Awards.
Michael W. Carroll, Esq.
Michael W. Carroll is an Assistant Professor of Law at Villanova University. Professor Carroll received his A.B., with general honors, from the University of Chicago and his J.D. magna cum laude from the Georgetown University Law Center. He also was elected to the Order of the Coif. While in law school, he was the Editor-in-Chief of the American Criminal Law Review. Following law school, he worked for approximately one year as an associate attorney at Wilmer, Cutler & Pickering in Washington, D.C. and then clerked for U.S. District Court Judge Joyce Hens Green. He later clerked for D.C. Circuit Judge Judith W. Rogers. He returned to Wilmer after completing that clerkship. At Wilmer, he practiced in the intellectual property and e-commerce areas. He also has co-taught a copyright class at Georgetown University Law Center. Professor Carroll's publications include: (1) Garbage In: Emerging Media and Regulation of Unsolicited Commercial Solicitations, 11 Berkeley Tech. L.J 233 (1996) (which was awarded the first prize in the 1996 Berkeley Tech. L.J. comment competition); (2) When Congress Just Says No: Deterrence Theory and the Inadequate Enforcement of the Federal Election Campaign Act, 84 Geo. L.J. 551 (1996); and (3) Computer-Related Crimes, in Project, Tenth Annual Survey of White Collar Crime, 32 Am. Crim. L. Rev. 182 (1995). He is currently working on an article entitled The Uneasy Case for Copyright Revisited: A Brief History of Copyright Protection for Musical Creativity (work-in-progress).
Tonya M. Evans, Esq.
Tonya M. Evans practices in the areas of music (artist and management) and literary law, intellectual property and estate planning for highly compensated athletes and entertainers. As a former professional tennis player, published author and recording artist, her success is derived from her ability to empathize with her clients' unique needs in the sports and entertainment worlds. Evans received her Juris Doctor, cum laude, in 1998 from Howard University School of Law, where she was editor-in-chief of the Law Journal. She graduated on the dean's list and received a B.S. in communications studies in 1991 from Northwestern University. Following her graduation from college, Evans competed on the Women's Professional Tennis Tour (1991-95). Her most notable tournaments include the U.S. Open, the "Virginia Slims of Philadelphia" and "The Lipton." During law school, Evans interned with the Honorable Arthur L. Burnett, Sr. in the Superior Court for the District of Columbia, with U.S. Congressman Chaka Fattah and with the Honorable Theodore A. McKee in the U.S. Court of Appeals for the Third Circuit. Following law school, she served as a law clerk for Judge McKee in the Third Circuit. Evans is a poet and the author of "Seasons of Her" and "SHINE!" (multimedia book with companion CD). She is licensed to practice in PA, NJ and DC, and is a member of BESLA, NBA, her local bar associations, The Barristers, NARAS and ASCAP.
Moderator Mark Schulz
Mark Schulz currently serves as the Executive Director of the Philadelphia Chapter of the National Academy of Recording Arts and Sciences, a position he has held since August 1999. Since joining the NARAS staff, Mark has worked tirelessly to expand membership opportunities and services for the Philadelphia Chapter region, organizing music business educational events and seminars, networking opportunities, and outreach to the music and songwriting communities. Prior to joining the NARAS staff, Mark was an engineer and business manager for Studio 4 Recording, working with major label projects, such as Boys II Men, Aerosmith, Dishwalla, Kris Kross, Cypress Hill, Anthrax, Life of Agony, Billy Joel, Bon Jovi, and others. He managed the Love Huskies (Gotham Records) Tapping the Vein (Nuclear Blast), and Shaft (Evil Teen), and he worked for Rufftunes Publishing and managed Mastervoice Mastering.
About The Event
The Villanova Sports & Entertainment Law Society created the "A Day In The Life of an Entertainment Attorney" panel for aspiring law students, artists and songwriters. The event, which included the attorney panel, refreshments, networking and music, took place at the Grape Street Pub in Manayunk, PA. Villanova law student and Law Society member, Rachael Kopp, organized the panel. Sponsors of the event included Philadelphia Weekly, the Grape Street Pub, Rolling Rock, Origivation, and Y-100. Proceeds from the event benefited Strings for Schools, a program providing music education programs for Philadelphia schools that can’t afford to bring music to their students.
For more information, contact Rachel Kopp at the Villanova University Sports & Entertainment Law Society at http://vls.law.vill.edu/students/orgs/vsels/index.html. For information about the Philadelphia Chapter of the Recording Academy, visit www.grammy.com or e-mail philadelphia@grammy.com
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