Legal Question in Entertainment Law in California
Ending a business relationship with an agent
I've signed an agreement with my
agent, who provides me with creative
representation. In turn, his firm gets
7% of my earnings.
I am looking to end that agreement
because I do not feel I've been
adequately represented. I found the
job that he's getting payment for and
I am dissatisfied.
What avenues do I have to end this
relationship respectfully if not
cordially?
What are the steps I need to take if I
have to hire another lawyer to break
this agreement?
4 Answers from Attorneys
Re: Ending a business relationship with an agent
If you have a written agreement with the agent, is there a term limit, such as two years? Does it specify how the agency will be terminated? If it is oral, what did you agree to? It is difficult to answer your question with out knowing more about the terms of the agreement. If you provide more information, I can answer your question more specifically.
Re: Ending a business relationship with an agent
If you have a written agreement, it should specify how the agreement may be terminated. Most likely, he will continue to receive payment for any work you got while he was representing you. It would be a good idea to consult with a lawyer who can review your agreement and advise you. He or she can tell you what steps you need to take after seeing all the facts.
Re: Ending a business relationship with an agent
Based on the facts you posted, it doesn't really sound like you've got grounds to terminate your agency agreement. If the agent truly hasn't performed any obligations under the contract, it is POSSIBLE he's in breach, but most agent's contracts are fairly general in the description of what's expected from the agent.
The mere fact that you got a job yourself, and he's getting paid commissions, isn't enough. Nor is your being dissatisfied.
You also seem to be suggesting that your agent is an attorney or vice-versa. That's not likely.
Is your agent really an agent (licensed by the state of California?) or is he really a personal manager?
If a personal manager, there may be a way out.
The bottom line is this: You should bring your contract with this agent to a lawyer, have it reviewed, and get some good advice based on all of the information.
Re: Ending a business relationship with an agent
The good news is that you probably don't need a ton of legal help here, just someone to take a look at your contract (if there is one) and advise you on your options and how you can best proceed.
Please contact me through my site if I can be of additional assistance!