Legal Question in Entertainment Law in Colorado

Attorney/Agent contract question

I was contacted by an agent who wished to represent my video library. He's also an attorney. Having just recovered from cancer I was not thinking clearly & did not have my attorney go over the contract (I was stupid). Here are the facts.

I signed an 18 month agreement on March 3, 2004 for representation.

I never received a copy of the contract with his signature. I asked several times for copy with his sig. Finally on May 25th I get a copy of the contract -With MY sig but not his. I still don't have one with both.

Up until now he has brought me some weak interest. He always asks for more master shows(he has a few)but when I ask for more info about the potential buyers, I get ignored 'til the next supposed offer.

From his dealings I want out & will wait until Nov 2005 unless I can find a loophole.

1) BEFORE I signed the contract he was advising me on a couple of other contracts that I was negotiating. One was with a company whose rights would overlap into his area. He sent an email (on file) that tells me how to write the contract so everything will be ok for him. Is that ethical? I was told, that makes him my attorney & he could not go into biz with me or rep me after advising me. I've learned my lesson!


Asked on 2/15/05, 5:41 pm

2 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Attorney/Agent contract question

I would need to see the agreements and supporting documents. You may contact me.

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Answered on 2/15/05, 6:11 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Attorney/Agent contract question

This deal doesn't pass the smell test. Get another attorney and have him or her write the first guy (on attorney letterhead) and demand the return of all masters + an accounting + inform him that the deal is cancelled due to his failure to forward a fully executed contract. Then sue him if you don't get the masters. In my opinion you will be lucky if you get them back. Attorneys are barred by the State Bar ethics rules from entering into ANY business arrangements with clients unless there is very clear disclosure and consent. If I were the one writing the letter to the first attorney/agent I would remind him of this.

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Answered on 2/15/05, 9:49 pm


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