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Setting up an entertainment business in CA, form a LLC or corporation

Asked over 3 years ago - Los Angeles, CA

I am a corporate business executive who is helping a friend set up his entertainment business. He is a hip hop artist who has written several songs and recorded them. He has a CD ready. He has co-authored one book and has another complete and ready to go to the publishers. He is performing in two national shows in July. Things are going to start happening fast and we need to set up his LLC asap. I have done lots of research, books, websites, blogs, state of california etc and am now ready to act. I need a lawyer to work with. He is based in Los Angeles. I am his acting manager. He falls into the "starving artist" category so working with a large big name corp is out of the question at this point. Bill W is a friend. Would love to get some guidance on how to find someone to work with. Thanks.

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Attorney answers (2)

Randolph Leigh Rhett

Reputation Level 8

Answered over 3 years ago. Defective and Dangerous Products Attorney in San Francisco, CA.

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You are going to get a lot of people crying out "PICK ME" with a question like that. However, I suggest that you look in your existing circle. If your friend is already a working musician with booked gigs, published work and the like he should have a circle of acquaintances in the industry. He should ask people for recommendation from among that group, especially from connections that are taking care of their own business well. He should also interview several. Don't just pick the first one you talk to. Getting a good lawyer is about as much about getting someone you can work with as any magic resume or background.

Two pieces of advice when working with an entertainment lawyer:

1) Many lawyers ask for a cut of the "deal". There may be no way around it, since you may not be able to pay for representation otherwise. Be very careful, however. Entertainment attorneys have an incentive to get you the biggest advance you can get so they can get their cut. However, it is usually in the artist's best interest to get the smallest advance he needs to get by until regular income kicks in. What good is a big advance if you won't see another penny from your efforts for years and years and are trapped in a bad deal until you can pay it off?

2) Don't look for an attorney based on the "connections" he claims to have. If he really had connections to sell, he would be an agent. Run away from attorneys who try to sell their services by telling you they can get you in with a particular producer, record exec, or promoter.

Good attorneys know people in the industry, but most who tout their "connections" are not respected by those connections. Find an attorney who knows his stuff and isn't trying to cheat you, and make your own connections.

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Barry Neil Shrum

Reputation Level 11

Answered about 3 years ago. Entertainment Lawyer in Nashville, TN.

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I tend to agree with Mr. Rhett that you should be wary of entertainment attorneys who tout their "connections" and seek a piece of your income pie. An attorney who is getting paid a percentage based on his or her performance in the deal can run into a conflict with the code of ethics that requires unbiased representation of his client's best interests. Not to say it can't be done, but it is a tight rope. As Mr. Rhett pointed out, if an attorney has that many connections and is that eager to be a dealmaker, chances are great that he or she will already have forfeited the legal career and opted to become an agent or personal manager. An entertainment lawyer should be a lawyer first - entertainment is merely the industry in which we choose to practice.

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