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Here are some things to consider when choosing a lawyer to protect your songwriting endeavors, culled from a talk given by the quite savvy and personable New York entertainment lawyer Wallace Collins (and, therefore, largely from a lawyer's point of view). The talk was sponsored by The National Academy of Popular Music:
Each lawyer is different, including the fact that each lawyer has a different personality that may or may not mesh with yours. Shop around. If someone says they like their lawyer or have had a good experience with their lawyer (you know how unusual that is), that's a good recommendation right there. Whether you talk on the phone or at a conference, networking meeting, or nightclub, meet with a few lawyers even before you really need one. Then, when the time comes, at least you have an idea of what several lawyers are like, and you can make a more informed choice. Make sure it's someone who not only has experience, but with whom you're comfortable talking .
Know a little about the business yourself. Don't get so caught up in it that you don't have time to be creative, but read enough to have some idea about what's going on. Don't be fooled by people in the limelight who portray the image that they don't care about such things. As Collins says, any artist who is doing well and makes it look easy is doing a lot of rehearsing! In addition, their businesspeople are doing a lot of negotiating. It may seem cool to pretend you don't care about the business, but it's not particularly wise, and most of the bigger, more successful artists did not exactly stumble into it. As much effort goes into the business side as goes into the creative side of songwriting. It's all part of making it happen. So, educating yourself -- at least to basic terms, etc. -- helps you communicate with your lawyer and your manager. As Collins quipped, if you're going to have heart surgery, you might want to buy a book to read up on it, but that doesn't mean you're going to perform it on yourself! At least, though, you'll understand what they're talking about when they tell you how it's going. In terms of what lawyers charge, every lawyer has his or her hourly rate or percentage or set fees for various deals and projects. It may be negotiable -- that is between you and your lawyer. Some lawyers require a retainer -- meaning an advanced fee -- while others operate pay-as-you-go. The hourly rate can range greatly -- from $125 up to $325 and more -- so check around in your area. Fee arrangements may also depend on whether you're dealing with a contract, which would more likely be pay-as-you-go, as opposed to a lawsuit involving court appearances, etc. Court-driven cases are less in the lawyers' control and more likely to require a retainer in order for the lawyer to be on call for court appearances and the like.
The copyright of the article Legal-Ease: Approaching A Lawyer in Songwriting is owned by . Permission to republish Legal-Ease: Approaching A Lawyer in print or online must be granted by the author in writing.
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