My First Multi-million Dollar Showbiz Idea

When my best friend from high school, Suzanne Brockmann, first became a published author, she was writing category romance for Harlequin and Love Swept. She wanted to move up and knew that the best way to do that was to create a series. Many books set in one world means a devoted and growing readership.

We brainstormed on how to create a series that was totally original. There had been series set in families and small towns. Suz wanted something that had never been done before and no idea would be dismissed without a proper hearing.

One day I was at the dentist’s office and read an old Newsweek magazine. That issue contained a story on Navy SEAL training. While this was long before SEALs were part of the zeitgeist, it was clear to me that these men were heroes, in amazing shape, and worked in teams that would allow Suz to write numerous interweaving stories. I called her immediately.

As this was before the internet as we know it, later that day she was sitting in the library, reading the article, and she knew that this was the answer. Now, several decades and millions of dollars later, Suzanne Brockmann is a multi-bestselling author who has won two RITAs (the highest award of distinction in romance fiction) and a lifetime achievement award from the Romance Writers of America.

I am happy to have had a small part in her success. Especially as she has used her platform to write about and support the LGBT community and people of color. But the work we did to build her career involved many book tours and events. Decades later, many of the stores we visited to sign books and meet readers have been shuttered. Walden Books and Borders no longer exist. Amazon and ebooks have completely changed the publishing landscape.

The major lesson here is simple. Technological advances can dramatically change the showbiz landscape. Creatives and their advisors must be flexible, ready to pivot and change strategies on a moment’s notice. And they must keep aware of the technological changes and their economic and legal impacts.

In future blog posts I’ll detail how each genre of showbiz has dealt with technological changes. Some have done so successfully. Some, not so much.

Working with an attorney, part 1

When you retain the services of an attorney, for whatever purpose, it is important to understand some very basic rules. This is a relationship unlike any other in your life.

First, an attorney is not a bus. A bus must pickup anyone at the stop who has the right fare. Unlike a bus, an attorney does NOT have to represent everyone who wants to use their services. Attorneys can refuse to be hired, even if you’re willing to pay a lot of money.

Second, an attorney is a piano. A piano only plays the notes your fingers press or select. That means that your attorney should not be doing anything that you do not want them to be doing. Rather, they only do what you have approved of. That means that the only way an attorney-client relationship works is when there is direct and frequent communication between the two parties.

Chances are you will work with an attorney and not have to go to court. However, if your issue involves dealing with court, your attorney will need to file a document in which they advise the court that they are your attorney. At that point they are bound to represent you until the end of the case with very few exceptions.

There are circumstances in which the attorney can request that the court remove them from your case. Most often, when communication between an attorney and a client breaks down, then an attorney is not able to fulfill their mission. It makes no sense for them to be bound to a relationship that no longer works.

Special thanks to the bar review teacher whose name I can’t remember who gave me those bus and piano metaphors back in 1986. Stay tuned for more info on working with an attorney. As always, feel free to contact me if you have any questions on this or any other legal subject.

Writers: Do you want a Literary Agent or an Entertainment Attorney?

There are important distinctions between the two. Here are some of the basic differences between the two that I hope will be helpful to authors.

Payment.

Legitimate agents only get paid when the author they represent gets paid. They make 15% of what the author makes from the book. If an agent charges any other kind of fee or any money before a deal is made, they’re not a legitimate agent.

Lawyers usually get paid an hourly rate. Those in major cities get paid from $250 to $500 an hour or more. They’re fees are not contingent on any deal and they may require payment in advance of work in the form of a retainer.

What they actually do.

Agents review manuscripts, sometimes do editing, and once they take on a client, they shop the project and secure a deal. Remember, they only get paid when the author does, so they might be less interested in deals that have low advances because they don’t make money right away. They are investing in the author. Good agents will help guide the author through their career, not just one deal.

Attorneys review the contracts and negotiate deals. They sometimes but rarely shop projects. If you have already made contact directly with an editor at a publishing house and don’t feel the need to give someone else 15% of your earnings for the life of the deal, you might want to retain an attorney.

Qualifications

Anyone can be a literary agent. There are no educational requirements. Unfortunately, I’ve seen very young and inexperienced people just hold themselves out as agents, even though they have little to no experience. There is an organization, the Association of Authors Representatives. They have ethical guidelines but agents don’t need to join and there’s little impact on agents who don’t comply.

Attorneys, for the most part, must have an undergraduate degree, a law degree, and must pass a bar exam from at least one state. Each state has its own ethical guidelines. However, if attorneys stray ethically they can be reprimanded, sanctioned, or even lose their license to practice law.

There are certainly other differences between these positions, but this is a good start. As always, research anyone you plan to work with before signing anything.