The first thing we do, let's kill all the lawyers.

AGENTS, MANAGERS, AND ATTORNEYS

=Shakespeare, Henry VI, Part 2, Act IV; Scene /I

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Angeles skyline.

any professional artists find it desirable, even imperative, to call on others to assist them in handling their business affairs and the development of careers. Partly because of the glamour of the music and entertainment performers of even modest success find themselves surrounded by indiwho claim they can help the artist find the path to fame and fortune. some performers of modest gifts have been brought from the unemline to at least temporary success through the efforts of clever manmany others, obviously very talented, continue to flounder in the small

want of someone competent enough to guide their careers in the right

artists often find that their many business needs take time away creative work. To avoid this, they engage a team of assistants and pro, probably including a personal manager, agent, business manager, road attorney, publisher, and publicist. The services that support personnel

often overlap and intertwine. In this chapter, the roles of agents, manattorneys are defined and discussed as they relate to the arts and enterindustry. Figures 7.la, b, and c illustrate possible configurations of an team of professional assistants.

143

144 PART III * BUSINESS AffAIRS

Artist
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Personal Manager
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Attorney Agent Business Manager P.R. Parson
Accountant ~ Artist

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Engineer Contractor Conductor Arranger
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Engineer Musicians , FIGURE 7.1a. The Team

FIGURE 7.1b. The Team in the Studio

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Chapter 7 * Agents, Managers, and Attorneys 145

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Sets Stagehands

Security Transportation Busesffrucks

AGENTS *

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agent represents clients by seeking employment for them, and as an employagent, this person is subject to state laws.

Agents go by various names. Many people refer to them as booking agents, most of them are. In California, they are known today as talent agents. 'yU .... < ... H·~~ people in and out of the business use the term manager or artist's man-

interchangeably with agent. A high percentage of agency work is conducted in so the word agent is used here the way California statutes define talent person who is in the full-time business of procuring employment for performers, writers, producers, and directors.

The talent agent has two kinds of clients. The first is a roster of artists. The kind of client is the buyer of such talent-primarily producers, promoters, club owners. The talent agent's job is to deliver artists to talent buyers, to serve the middleman, the negotiator who knows, or should know, what an artist is

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Regional Agencies

An agent often starts out in a medium-sized city working alone, quickly discovers it is hard to be very effective that way, and connects with one or two other local agents. Perhaps three of them can afford to rent a modest office and hire a secretary. Agencies of this size handle most local bookings, attempting to persuade local club owners to try live music instead of a jukebox. One of their greatest challenges is locating acts attractive enough to pull dancers and drinkers into local clubs. Most of the acts sending them demos are, at best, semiprofessional-clearly not strong enough to justify the club owner's paying them even union scale. So the agent keeps searching for buyers and qualified talents.

Until the agent can discover acts with some drawing power, there will rarely be a chance to build the booking business above a minimum survival level. But now and then, local acts create a following and start to command fees high enough to earn the agent a respectable income.

Agents with ambitions transcending the city limits search out contacts and joint bookings with national, and even international, agencies. Such deals ordinarily involve commission splits.

If a local agent learns the trade and develops national contacts, perhaps there will be a job with a large national booking agency. If the agent is aggressive, creative, and persevering, there might be a bright future ahead. National booking agencies employ hundreds of people and operate with offices in the major cities of the world. Agencies such as William Morris, International Creative Management (rCM), and Creative Artist's Agency (CAA) handle hundreds of artists and gross hundreds of millions of dollars a year. Such agencies generally take commissions of 10% to 15% of the artist's gross income from work generated by the agency or otherwise eligible for commission.

One of the principal reasons these large international outfits do well is their power to package or pull together, for a television network or movie company, not only the star performers but also supporting players, writers, directors, composers, even choreographers. It is big business in this league, and major talents generally seek exclusive representation by one of these international firms. In addition to their ability to package, the big companies represent artists in all fields of

146 PART III * BUSINESS AFFAIRS

worth and what the buyer is willing and able to pay. If the agent prices the merchandise too high, the buyer won't deal. If the agent prices the merchandise too low; not only will there be a lower commission, but artist clients may be lost to other agents who are more aggressive.

The agents who are most successful over the long run have earned the respect and confidence of both buyers and sellers. It is the agent's task to obtain the highest possible fees for clients and to work closely with an artist's manager. If an agent can attract major artists, commissions may place the agent in an income bracket comparable to that of a star performer.

American Guild of Variety Artists (AGVA) Exclusive Agency Contract.

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Chapter 7 * Agents, Managers, and Attorneys 147

including concerts, television, recordings, films, commercials, and endorsements. For rock tours, large agencies sometimes join forces with agencies to package the tour.

agencies rarely sign unknown talents; they are preoccupied booking stars. Unknown acts must struggle along with local agents, usually until they some success as recording artists.

an income

Full-Service Agencies

.. Large talent-booking companies are sometimes described as full-service agenThey generally demand that their artists grant them the right of exclusive rep<>Tlif.,t"t"\Tl in all fields. In the process of signing an artist, a large agency may

a package of 1 0 or more contracts for the signature of the new client. Some agreements are form contracts used by that particular agency. Of the many submitted to prospective new clients, only 4 are frequently used for crary recording artists or performing groups:

American Federation of Musicians (AFM) Exclusive Agent-Musician Agreement.

American Federation of Television and Radio Artists (AFTRA) Standard Exclusive Agency Contract.

The talent agency's own general services and materials agreement. This is a very comprehensive agreement that covers creative materials, services, TV and movie packages, and other kinds of entertainment packages,

cts, perhaps

s do well is vie company, :t01"S, camp talents aenerae:

Other agreements with agents cover areas not included in the union employt contracts listed here. They generally provide that the agency serve as the adviser and representative in respect to the artist's activity and participation such as merchandising, testimonials, and commercial tie-ins. The general contract that has been used by the California division of the William

Agency, one of the world's oldest and largest, incorporates language of the

contract stipulating that the artist's approval is required prior to the agency the artist, that the agreement can be terminated if the agency can't work for the artist for 4 consecutive months, that any disputes are to be ·pt,,·,.,.~.rI to the Labor Commissioner of the State of California, that the agreement not negatively affect any union contracts involving the artist, and under what the agency has the right to assign the contract to a third party.

It is also possible for an artist to work with an agency on a nonexclusive basis, even with no written agreement at all-a so-called handshake agreement. An might be hired to work with an artist in a limited or specific territory or

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148 PART III * BUSINESS AffAIRS

kind of performance. An example of this kind of limited representation be an artist who retains an agency to book live performance tours in a certain territory or for a specific tour but who does not use that agency for deals involving movie companies or recording contracts.

A full-service agency "general materials and packages" contract covers the artist's involvement in nonmusical creative properties (scripts, scenarios, and packaged shows-e.g., for television and film). But it is sometimes possible through negotiation to exclude professional activity as a composer. Accordingly, the artist's income from music publishing would be excluded. Agency representation for musical artists, particularly in rock, is usually restricted to matters relating to concerts and touring.

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Changing Representation. Artists frequently change agencies in the hope that representation will further their careers. Large agencies are often criticized neglecting the individual artist unless that person is a star of some magnitude, Many lesser names feel they get lost in the shuffle of a big company attempting to find work for its huge stables. The major booking companies are aware of these negative views of their operations and attempt to offer each of their clients the personal attention of at least one particular agent on their staff who is assigned to keep the artist working and happy. The AFM agency agreement, for example, .. requires that the firm name the specific individual agents who are to handle the affairs of the musician under contract.

In addition, agents, like performers, are mobile. They frequently change companies or break off and set up their own firms. If the agent has performed well and leaves the agency, this causes consternation in the company, because the firm suffers disruption of continuity with the artist and probably a lot of goodwill among talent buyers, Often, personal relationships and confidences are built up between agent and artist. "When the agent leaves, it is a common occurrence for those artists to seek relief from their contracts with the company, declaring their intention of following that agent. The agency is reluctant to terminate a contract with a valuable client and might refuse a release. A court battle may ensue. In general, in these kinds of altercations the courts have tended to find for the artist, recognizing that in the employment field, the element of personal relationships is entitled to special consideration, Many artists insist on inserting key man clauses into their agency agreements, giving the artist the right to terminate the agreement if the "key man" is no longer present. This allows the artist to remain with the talent agency or to accompany a preferred agent should that agent depart the firm.

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Regulation of Agents

Some of the colorful characterizations of booking agents on old movies might lead one to believe that the only qualifications needed by an agent are a tolerance for cigar smoke and a pair of alligator shoes. Although such images of unscrupulous agents may be interesting movie fiction, the modern talent agent is a

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Chapter 7 * Agents, Managers, and Attorneys 149

Jll;"'>l'UH';U whose success is measured, in large part, by the' success of the talent lJLh»U'-"" entity represented.

the firm idwill t up b r those

ry Regulation. Agents and artist managers proliferated early in this century the rapid growth of the movie industry. In the early days of agents' abuses of er1:()rnl1er's, wages would be skimmed or never paid; collusion between agents and would occur. Artists would be dispatched long distances to jobs that existed. Because agents became particularly active in the early days of the

industry, California was one of the first states to attempt to regulate them. first attempts in 1913 to regulate employment agencies, California its Labor Code in 1937. This code made a distinction between "motion employment agencies" and agents active primarily in booking vaudeville

circus performers, and actors for the legitimate stage.

In 1943, California added a new category, "artist's manager." In 1967, repealed substantial portions of its Labor- Code. "Theatrical employagencies" and "motion picture employment agencies" were eliminated as categories. But the "artist's manager" category was retained and placed the jurisdiction of the Labor Commissioner of the Department of Industrial "Employment agency" provisions were shifted to the jurisdiction of is now the Department of Consumer Affairs.

In 1978, California altered its artist's manager statute, the principal change one of nomenclature: Artist's managers were to be known as "talent agents."

Because of Widespread abuse of artists by agents in the past, California laws day severely limit the activities of all persons involved in artist representation. t of employment for artists and entertainers in California is strongly by two state statutes: the Talent Agencies Act of 1978 and the Agency Act.

Simply stated, all persons engaged in the procurement, or attemptof procureof employment for an artist must be licensed by the state to do so. Any concan be canceled by either party or the state where an individual engaged in ing employment lacks the required state license.

Regulation. In addition to state laws governing persons engaged in agency talent agents representing union musicians are restricted severely on a basis by the various performers' unions and guilds. The organizations

involved here are the AFM, AFTRA, AGVA, the American Guild of Musical (AGMA), and the Screen Actors Guild (SAG).

Artists' guilds and unions vary in what they require when they franchise or .: :" .... '"","': a talent agent, but the following requirements are typical of 1110St agreements:

agent

1. Maximum allowable commissions are stipulated. For example, AFTRA and SAG apply only a 10% ceiling on commissions applied to the artist's gross compensation. Artists are not permitted to pay both an agent and a

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California regulates artists' personal managers quite strictly. Because many management contracts are negotiated there, an understanding of California's regulations is most useful.

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150 PART III * BUSINESS AffAIRS

manager more than an aggregate total of 10%. The AFM allows a 20% commission on one-night gigs, 15% If the job runs 2 days, and usually· 10% on jobs running 3 days or longer. Under certain circumstances, the AFM will allow an additional 5% commission on engagements where the musician's wages equal or exceed twice the minimum union scale.

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2. AFM, AFTRA, and SAG generally franchise only those agents who agree to limit their professional activity to procurement of employment for artists. This constraint is designed to protect the artist from paying superfluous or excessive commissions. The disadvantage of this restriction is that some professionals are'barred from acting as agents because they also participate in other entertainment industry enterprises such as management, production, publishing, and recording.

3. Lengths of contracts are limited. AFTRA allows a maximum 3 years. Under certain conditions, SAG limits its members to contracts of 1 year's duration.

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Getting Started. Individuals wanting to get a career started in the talent agency field often find it relatively easy. Sometimes, students can enter a talent agency as apprentices. Perhaps, after a short training period, they may be put on as assistant agents. Artists' unions license all owners of each franchised agency, then permit subagents to work under an individual owner's license.

* MANAGERS

The arts and entertainment industry engages a number of different kinds of managers. The most influential among them is the artist's personal manager. Personal managers are expected to perform tasks ranging from negotiating multimilliondollar contracts to checking on the star's wardrobe.

This chapter limits the discussion of personal managers to how they are regulated by state statutes and artists' unions. The manner in which management contracts are negotiated and how managers advance the careers of their clients is treated in some detail in Chapter 10.

Regulation of Managers

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Statutory Regulation. As mentioned above, in California the only pers~Hl allowed to procure employment for an artist is one who is licensed as a talent agent. Personal

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Chapter 7 * Agents, Managers, and Attorneys 151

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are supposed to be principally concerned with adyising and counseling . clients about their careers. They often become involved, directly or indirectly, jobs for their clients, which is supposed to be the responsibility of

agents, but personal managers can rarely separate themselves totally from t agent's activities.

California statute, however, does not permit a personal manager to involved even indirectly in procuring employment for an artist. Rulings of ~'''H~~'''''' Labor Commission have held that any such activity of this kind by u .. " ...... ,,"u person is against the law .

.. the personal manager in California wants to stay within the law and remain management profession, he or she needs to obtain a talent agent's license. the individual would have to function under the constraints imposed by unions on talent agents. If the manager decides against becoming a licensed ..•... agent, there are other options:

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The manager may voluntarily forgo commissions on all employment procured by a talent agent. California's Labor Commission has ruled, however, that this ploy is but a camouflage for what is really going on.

The manager may go into partnership with the artist. Both parties may find this unattractive, however, in that they are exposed to liability for their partner's actions.

The manager may employ the artist exclusively and supply the artist's services to third parties. This might serve the manager's interests, but it will seriously disadvantage the artist by imposing restrictions on the artist's activities that could go well beyond the terms normally encountered in a regular management agreement.

The personal manager might set up a corporation that would deliver the artist's services to third parties. Some lawyers believe this may offer the best insulation available from the constraints of talent agent licensing

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to California, New York hosts the greatest number of personal managecontract negotiations. That state offers a more congenial environment for proceeomzs than California. New York avoids the issue of licensing personal in that it defines theatrical agencies (booking agencies) as those that employment other than incidental to the manager-artist relationship. This

appear to exclude personal managers because most of their procurement is incidental.

Regulatio11. Personal managers of good reputation could obtain a franchise an artists' union, but they would then fall under regulations far more

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152 PART III * BUSINESS AfFAIRS

constricting than they could tolerate. The unions would impose a ceiling on commissions; the term of their contracts with clients would be shorter, and they would probably be required by the franchise to engage in employment procurement activity full-time and not engage in other business activities concurrently. Few managers could function under these restrictions; it is the very nature of the business for them to be involved at any given time in a number of entertainment business activities, particularly publishing and recording. Generally, managers in New York are not union affiliated.

The personal manager in California has one other option: to take out a franchise, then ignore the union's restraints. This is a temptation because unions have rarely enforced these rules. But ignoring union rules can be risky: No one predict when the union might start enforcing its franchising agreements. Some California lawyers have publicly stated, however, that they believe this unionignoring ploy may still be the personal manager's most attractive option to avoid the overriding power of the state's Labor Commission.

The end result of statutory and union constraints on personal managers is that, in California at least, many established and respectable personal managers opt against both state licensing and union franchising, [ choosing instead to be guided by their own conception of ethical professional practices.

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Assistants to Management

Most managers will try to be with their artists at all performances or events that are important for the artist's career. Few artists' managers attempt to travel regularly with their clients, however, and assign such duties to a road manager. Road managers handle the transportation of people and equipment, arrange for meals and lodging, ensure that adequate security is provided, hire tour accountants, supervise sound reinforcement and lighting personnel, check box office receipts, and collect performance income. Road managers who learn the business and know how to hustle often graduate to artist management jobs. Some have become producers,

Many young people break into show business by signing 011 as TOadies, the word often used to describe persons hired to move and help set up the performance. Even though some roadies have previous training in areas such as lighting or sound, others seem to learn what is expected of them on the job.

The people hired on as road crew members for lesser known acts usually earn minimum salaries plus their travel expenses; such acts have little difficulty locating an adequate supply of individuals willing to work for low wages and high adventure. In contrast, today's top acts tour with highly disciplined, well-paid crews.

Whether the individual is a recording artist or some other kind of professional in the field, when income reaches a respectable level, other support personnel will be required to advance that performer's career. This is treated in Chapter 10, "Artist Management."

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Chapter 7 * Agents, Managers, and Attorneys 153

;e a ceiling on e shorter, and ployment

ATTORNEYS *

ional 'U'U'<t)';cu ersonal ing instead to

lrtU.HU' .... U< business attorneys hold positions of great power in the industry. this power has come about by default. In the earlier years of the business, > executives, agents, and managers lacked the education and background to companies and handle the affairs of millionaire clients. Even today, execu:lacking strong backgrounds in business management and business law keep lawyers close at hand to protect them against unwise decisions and flawed With the continuing expansion of existing entertainment companies, mention the frequent acquisitions and consolidations, the role of the LauuU"X" attorney is more crucial today than ever before,

practices are often roughly divided into litigation services and transac-

services. The litigators present their matters before a judge, whereas transattorneys spend much of their time negotiating contracts. Although some specialize in entertainment litigation, most entertainment practice falls into ,.,,,,,,,,,uV.u<;u category, The attorneys must be keenly aware of current indus-

Ccondltl<ms so that they can negotiate favorable contracts for their clients,

the glamour fields of music, theater, and broadcasting, law schools are out at least twice as many interested graduates as seem to be needed. the unemployment (or underemployment) among graduates generally

.•. emerging from law schools, there is an actual shortage of lawyers fully quali-

to practice in the entertainment field. Entertainment attorneys tend to spein chosen subareas of the business. Some work primarily with issues of al property, including copyright and trademark. Some negotiate with and publishing companies; others work with clients who are involved the theater or TV or movies. Some law firms employ a number of attorneys different entertainment specialties .

..• The most experienced lawyers in copyright are found in Washington, nc., York City, Nashville, and the state of California. The best-qualified lawyers ,general music business practice are found in the three recording centers in the States. In Canada, a handful of entertainment and sports industry lawyers in Toronto and Montreal.

apter 10,"

1. What is the prospective attorney's reputation, and what is the source of your information? Is it objective? The fact that a lawyer has passed the state bar examination and offers all the appearances of respectability is insufficient reason for complete trust. The great majority are trustworthy, but check out

taining Legal Counsel

How can a person go about finding a qualified legal counselor? These questions might be asked:

Payment Options. One of the universal complaints against lawyers is their cost. Fees are generally so high that many individuals in need of counsel have to forgo the service. But when legal services are imperative, the client has a number of payment options.

The usual arrangement is paying an hourly fee. Before running up a bill, the prospective client should simply ask the lawyer, in an exploratory meeting, about the charges. If ongoing legal services are needed, the client may place the lawyer on a monthly retainer.

An alternative to these payment procedures is the contingent payment plan, which is common in the entertainment industry. The client pays a relatively low hourly rate, provided the gross compensation payable to the lawyer in any calendar month is not less than a specified percentage of the client's gross earnings. Some contingent fee arrangements call for no immediate monthly retainer fee, the lawyer's compensation being deferred until the client's income attains a prescribed level. In this kind of arrangement, the lawyer might, in addition, negotiate a

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154 PART III * BUSINESS AFFAIRS

your prospective legal counsel with as many persons as you can, both terms of experience and ethical reputations. Read the trades, such Billboard, to see who is active in the field. Find out which attorneys represent successful artists, managers, and companies in the business.

2. Is the prospective lawyer sufficiently experienced in the music field to out for the musician's interests in publishing, recording, nPl"T",",.,., rights, and foreign rights?

3. Is the prospective lawyer well informed in copyright?

Yet another way to check out lawyers is through the American Bar But asking the local chapter of the American Bar Association for referrals rarely be helpful outside those cities where the recording industry flourishes.

In addition to negotiating contracts, an attorney often can provide legal services such as tax and estate counseling, investment counseling, neeonanon of real and other property settlements, and dispute resolution. In the latter lawyers generally agree that the most skillful among them manage, whenever sible, to settle disputes without resorting to litigation.

As the role of the music attorney has significantly expanded in recent years) some clients retain attorneys primarily for their inside-industry connections. It i~ now common for lawyers to perform tasks that seem more appropriately handled by managers, such as circulating demo tapes to labels: Established lawyers are highly respected by A&R (artist and repertoire) executives. Some law firms even \ have separate artist management departments, and some of the most successful managers are or were lawyers, Before employing an attorney, be sure to know precisely what services may be provided.

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Chapter 7 * Agents, Managers, and Attorneys 155

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jentaf~e of the client's gross income, often set at 5% to 7.5%. Some lawyers as much as 15%.

contingent fee deals ethical? Yes, under certain conditions, according to ;:I1J,H'-·"' .. «U Bar Association's Code of Professional Responsibility and opinions

sed by various state bar associations and state supreme courts. But they are .""'-'" ..... 0..< ethical, as a rule, only where a contingent fee arrangement is to the of the client and where the client may otherwise have no way to get services or is unable to pay a fixed fee. When the client is a production comor film producer, the lawyer might participate, a term used in the industry sharing in an investment in a project or a company. A participating might charge no legal fee, but "take points" instead-receive a percentthe profits, if any. The lawyer may have a central role in finding a deal for

by shopping the artist's demo tape to record and publishing companies. is the case, the lawyer deserves compensation for contributing to the artist's

much is a lawyer entitled to charge for services? State bar associations guidelines for their members.' Professional canons of ethics call for to follow them.

of Organization. When an attorney accepts a client, one of the first tasks in entertainment industry situations is to determine the client's legal status . .. ".u\.."" and legal relationships, will the client be best served by being selfa partner, proprietor, or independent contractor-or would interests be served by forming a corporation or taking part in joint ventures? The client may be a group of persons) will need the lawyer to explain the advantages disadvantages of these options .

. "Ilnirrn,-T Negotiations. As pointed out, nearly all significant events in the enterindustry involve the negotiation of contracts. And that is the business of . The number and kinds of contracts commonly used in the industry are Typical agreements include the following:

• Composer with a publisher, coauthor

• Performer with employer, agent, promoter, producer, contractor, performing group, lawyer, broadcaster, merchandiser, advertising agency, recording company, publisher

• Producer with a recording company, performer, recording studio, production company, publisher, distributor, merchandiser, lawyer

• Talent agent with a performer, promoter, club owner, producer, production company, recording company, film company, lawyer

• Artist's personal manager with an artist, recording company, broadcaster, accountant, auditor, road manager

is fair and reasonable to the client and fully disclosed and transmitted in writing to the client in a manner and terms which should have reasonably been understood by the client ... and the client is given reasonable opportunity to seek advice of independent counsel of the client's choice on the transaction ... and the client consents in writing thereto.'

1 56 PART III * BUSINESS AFFAI RS

The Adversarial Relationship. Individuals entering into contract are, by definition, adversaries. They may be the best of friends, but once start negotiating a legal agreement, the parties should seek every advantage available. Contract negotiations need not be unfriendly en but the parties are advised by their attorneys, as a rule, to go for whatever can rightly get.

Each individual entering into contract negotiations should have separate counsel. When one lawyer attempts to represent both parties, there may be culty serving them impartially. The American Bar Association's Code Professional Responsibility and most state bar associations' codes of ethics that in the absence of full disclosure and an agreement signed by all lawyers should not represent adversaries and should urge prospective clients .. retain their own attorneys.

Independent legal counsel is particularly important in situations where eral contracts are entered into simultaneously-for example, an contract and an artist-manager-publisher deal. If one of the parties to these lateral contracts happens to be a lawyer (very common in the industry), the tial exposure to conflicts of interest can be overwhelming. Disputes can arise of collateral contracts. When they do, courts have sometimes found that a had taken advantage of the client's ignorance and subsequently determined one or more of the contracts was unenforceable.

Extm._legaZ Services. Clients frequently ask their attorneys to recommend agents managers. If qualified people are unavailable, the client then often asks the to manage the career as well as the business. Lawyers frequently agree to do often protesting that the arrangement is to be only temporary. But then the manager starts making more money in that capacity than in just practicing This outcome is frequent when a lawyer agrees to administer the client's pH . ing company. A lawyer attempting to provide a client with two different kinds professional services is exposed to conflicts of interest. Among the sharpest c of these practices have been lawyers themselves.

Bar associations state that lawyers shall not enter into a business transaction . with a client or knowingly acquire a financial interest in an artist's enterprise potentially adverse to the client unless the transaction

dation's des of ethics ned by all ospective

Chapter 7 * Agents, Managers, and Attorneys 1 57

a lawyer provides extralegal services and enters into business or investment with a client, legal ethics demand that all conduct be in accordance with the and legal constraints imposed on a licensed attorney-at-law.

tum. The law provides that a client can discharge a lawyer at any time." But courts have held that the discharge of a lawyer does not necessarily discharge client's liability. For example, dismissing an attorney where a contingent

anzement is in place can become sticky for the client, In this kind of situaformer client will probably have to continue paying the attorney, after dis,~<:'jlH,",HL, on earnings flowing from contracts negotiated before the parties . separate ways.

or not a contingent fee is involved) a client who discharges a lawyer send written notice of termination. Where the artist is retaining a new the former attorney should be asked, in the notice of termination, to forall material in the client's file to the new lawyer, Bar associations view this of procedure as a matter of professional courtesy,

BUSINESS MANAGEMENT TECHNIQUES *

ist practicing .. e client's different

tative studies have shown time and time again that some 90% of business result from poor management. Individuals planning careers in the music as, for instance, agents, managers, attorneys, or entrepreneurs wiII prob,increase their chances of success by studying business management.

ozens of books and hundreds of college courses treat the subject. Although in approach, it is interesting to observe that the most respected writers

~'"""~H"'L" on the subject generally agree with this summary of what good manentails: planning, organizing) staffmg, leading, and controlling.

tted in writing y been under:unity to seek on ... and the

Nelville 1. Johnson and Daniel Vvebb Lang, "The Personal Manager in the . Entertainment Industry:' p. 175, in Music Industry: Negotiations and the Law.

Board of Governors, York University, 1980.

Language in the California Bar's Rules of Professional Conduct is typical: "A member Bar shall not enter into an agreement for, charge or collect an illegal or unconfee ... when it is so exorbitant and wholly disproportionate to the service as to the conscience of lawyers of ordinary prudence practicing in the same community,"

Quoted from p. 15 of "Ethical Constraints on Contingent Fee Arrangements" in of Professional Conduct. Sacramento: California Bar Association.

Code of Civil Procedure, Section 284.