Budding Artists, Heed This Refrain: Find an Attorney Who Sings ‘Only You’

I read, with great distress, “Lawyer Plays to Both Sides” (Company Town, Aug. 22). If lawyers think they can play to both sides in the entertainment business, they’re mistaken. Especially the music business.

For more than 27 years now I personally have lobbied with every agency, organization, governing body--pretty much any industry person who would listen to me--to put a stop to the “both sides” mentality of dealmaking. Such deals can lead to disaster.

There is much discussion and awareness in other industries about what we term “conflict of interest.” Most business professionals honor a standard of ethics that precludes them from engaging in deals that involve representing both sides.

So why doesn’t that apply in the entertainment industry?

Because for the most part, the contacts are tighter, the heavy hitters “du jour” are constantly networking with one another and, unfortunately, it is a big-time back-scratching kind of industry.

In addition to all this, it is just too tough for most entertainment attorneys to say “no” to money.

But every burgeoning music artist (not to mention others in the entertainment industry) needs to know that there is no way an entertainment attorney can ever represent both sides in a complex deal.

So, listen up, you budding artists--especially those of you who are finally getting that first big break: Find yourself an entertainment attorney who will represent only you.

Shop around and ask questions. Talk to several attorneys; ask each of them if they have--or ever have had--business with any of the parties in your deal. Lawyers are obligated to disclose that information. If a lawyer hedges on this issue, walk out.

Next, find out who else your prospective attorney represents. A client roster can be a good indication whether an attorney has conflicts of interest.

For example, if an artist records on a certain label, are the artist and the label both listed on his or her roster? If so, walk.

Do some research. Contact musicians’ groups and the musicians’ union. Talk to the State Bar of California Ethics Section; has this attorney ever had a complaint filed against him or her? Question your friends in the music business; the behind-the-scenes buzz is often the most valuable and the most current.

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Last, but not least, use good common sense and follow your intuition. Is the deal your entertainment attorney is making for you--only you? Or is it for him or her and the other side too?

Here’s what to avoid: Hiring someone who will compromise your career and the deals you make. Because one mistake in this business can often be your final one. No matter how charismatic, how well publicized, how seemingly high-powered he appears to be, is he on your side only?

Even if a lawyer is not going to represent the other side in a deal, he may seem appealing because he tells you he is close with the other side and can get a really good deal.

But such attorneys may compromise your deal to make a bigger one that has nothing to do with you.

It is not uncommon for some entertainment attorneys to build up markers with a record label, only to cash in when they need a big favor.

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Even if a lawyer is is not to say that an entertainment attorney can’t have friends, colleagues and associates on the other side; he simply can’t represent both parties or divide his loyalties. Anyone who tells you they can represent both sides fairly is telling you a lie.

There is no such thing as a “mediator” when it comes to making deals. Your attorney is either on your side--or he isn’t.

And those who say they can get you a “fair deal” by catering to both sides is full of it.

Remember that the contract you sign for that big break could either make or ruin your career. I’ve seen it happen both ways. Quite frankly, I’ve seen more bad deals than good ones.

And it’s heartbreaking since it often takes years just to get that first deal.

Owen Sloane is an entertainment lawyer at Berger, Kahn.