If only you could get ethics credit for reading this post.
For years, the estate of Leonard Cohen has been embroiled in litigation involving Cohen’s former attorney-turned-manager, and the law firm that allegedly forged trust documents in order to bestow power upon that individual. The saga continues, with a new lawsuit accusing the firm of malpractice. Read the details at your leisure and, misconduct aside, contemplate the inherent conflict of an artist’s attorney also serving as the artist’s manager.
Here’s the thing. Outside of the major entertainment hubs, many/most of the arts law clients we encounter are not big stars. Many do not have mangers and never will. My opinion: they’re the lucky ones.
Emerging artists have on numerous occasions presented me with agreements from would-be managers and not once…in decades of practice…has the agreement been fair to the artist. Not once. The artist sees this management opportunity as their big break; the stepping stone to success. They really want this to happen. But I can’t advise in favor. Not only are the agreements fundamentally unbalanced, the vast majority have been cut and pasted from other sources and are, consequently, legally unsound. The following exchange typically ensues:
Me: Signing this would be very bad for you.
Artist: Can you revise it to make it better?
Me: I could, but even if they’re open to revisions there are two big problems.
Artist: What?
Me: First, let’s say I completely revise this so it’s fair and legally sound. And they even sign it. They walk away with a well done template they can now use in other deals, and you just paid for it.
Artist: Yeah, I don’t love that. What’s the other thing?
Me: They presented you with an unfair, terribly drafted contract they probably copied off the internet. What does that say about their integrity and ability to represent you in an effective, professional manner?
Artist: That’s also bad. Oh well, I’m signing it anyway.
Leonard Cohen didn’t know he would someday be … Leonard Cohen. Nobody does. That’s why an artist’s early-career decisions are arguably the most important they will ever make. And that’s why we as non-hub arts lawyers are vitally important.