Does the film producer really need a film lawyer or entertainment attorney as a matter of professional practice? An entertainment attorney’s own error and my stacking of the question despite, which might naturally indicate a “yes” answer 100% of that time period — the forthright answer is, “it depends”. A number of producers these days are themselves film lawyers, entertainment lawyers, or other styles of lawyers, and so, often can take care of themselves. But the film producers to worry about, are the ones who act as if they עורך דין ירושה are entertainment lawyers — but without a licence or entertainment attorney legal experience to back it up. Filmmaking and movie practice comprise a business whereby these days, unfortunately, “bluff” and “bluster” sometimes serve as alternatives for actual knowledge and experience. But “bluffed” documents and inadequate production procedures will never escape the trained eye of entertainment lawyers earning a living for the studios, the distributors, the banks, or the errors-and-omissions (E&O) insurance carriers. For this reason alone, I assume, the job function of film production counsel and entertainment lawyer is still secure.
I also suppose that there will be a few lucky filmmakers who, throughout the entire production process, fly under the proverbial radar without entertainment attorney accompaniment. They will relatively avoid pitfalls and debts like flying bats are most respected to avoid people’s hair. By way of analogy, one of my best friends has never had any health insurance for years, and he is still in good shape and in the economy afloat — this week, anyway. Taken in the aggregate, some people will be luckier than others, and some people will be more inclined than others to roll the chop.
But it is all too bare-bones and pedestrian to tell yourself that “I’ll avoid the need for film lawyers if i simply stay out of trouble and grow careful”. An entertainment lawyer, especially in the realm of film (or other) production, can be a real constructive asset to a movie producer, as well as the film producer’s personally-selected inoculation against potential debts. If the producer’s entertainment attorney has been through the process of film production previously, then that entertainment lawyer has recently learned many of the harsh lessons regularly dished out by the commercial world and the film business.
The film and entertainment lawyer can therefore spare the producer many of those pitfalls. How? By clear thinking, careful planning, and — this is the absolute key — skilled, innovative and complete documentation of all film production and related activity. The film lawyer should not be regarded as simply the person seeking to establish complying. Sure, the entertainment lawyer may sometimes function as the one who says “no”. But the entertainment attorney can be a positive force in the production as well.
The film lawyer can, in the course of legal representation, assist the producer as an effective business consultant, too. If that entertainment lawyer has been involved with scores of film stage productions, then the movie producer who employees that film lawyer entertainment attorney advantages of that very cache of experience. Yes, it sometimes may be difficult to stretch the film budget to allow for counsel, but professional filmmakers tend to view the legal cost expenditure to be a fixed, predictable, and necessary one — akin to the fixed obligation of rent for the production office, or the cost of film for the cameras. While some film and entertainment lawyers may price themselves out of the price range of the average independent film producer, other entertainment lawyers do not.