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Ken Dhaliwal
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Page 1 of 2 Numerous legal issues arise during the development process, especially around acquiring rights and formalizing relationships. It is important to find and retain a lawyer as soon as you start entering into agreements (either oral or written) to address these matters. Trying to fix them when things go wrong can be time consuming, distracting and costly.
Finding the right lawyerFinding the right lawyer is relatively easy as long as you do some basic research. You need a lawyer with expertise in the entertainment area. Some easily obtained sources, such as the Canadian Film and Television Producers Association (CFTPA) annual Guide , list entertainment attorneys in Canada. However, the best method by far is to ask other producers for referrals.
Assessing the fitAfter obtaining the names of several potential counsel, schedule a meeting or phone call with each one. Most lawyers won’t charge for a preliminary half-hour meeting if you tell them its purpose is to help you assess the client-lawyer fit. Check at the beginning of your conversation if there is a charge and, if not, don’t expect to obtain free advice on serious business issues. You will want to discuss the following key relationship matters:
- Cost: Lawyers generally work on a fee-for-time basis, that is, the more time they spend on your work, the higher your cost. Hourly rates can be anywhere from $200 to $700, depending on the lawyer’s seniority and experience. You should ask the rate for the lawyer who will work on your file, since some firms employ junior lawyers who are capable of doing the work, and who have a lower hourly rate. Also, ask when the clock starts ticking in a conversation (many lawyers bill in six-minute increments but may not charge for a quick 30-second phone call).
Some lawyers will occasionally work on a “flat-fee” basis, with an agreed-upon maximum amount. Ask if this type of arrangement is possible, and even if it is not, the lawyer should be able to give you an estimate of what the work will cost. Knowing this estimate will allow you to budget realistically for legal services.
- Expertise: Confirm with your lawyer that he/she has experience in the exact area in which you require their services. You don’t want to pay someone to learn while billing you hourly. Do not hesitate to ask for references from other clients who have required similar services.
- Compatability: Also consider the “feel” of each potential counsel. Can you see yourself working with this person and do you think it would be a good relationship? In the entertainment context, lawyers are not only consulted for legal advice but also frequently asked practical business questions. Do you feel comfortable with a potential counsel’s level of experience? A seasoned counsel will have seen many situations similar to yours, and can also bring to the table business experience and contacts in the industry.
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