Am I the right attorney for you?
Things I don’t do:
- Patent. You need to be a scientist for this, and my bassoon major doesn’t count.
- Litigation. (Other than proceedings before the Trademark Trial and Appeal Board. I do that.) I believe that federal court litigation requires the resources of a larger firm. If you need litigation services, I can offer referrals. When appropriate I can (and often do) serve as co-counsel.
- Steal clients. If you are an attorney and you need consultation in trademark or copyright law I will respect the relationships you have established with your clients. I’m here to help, not compete.
- Sugarcoat. You might not like what I have to tell you. But you can be confident that I’m being straight with you.
- Judge. If you wear sunglasses on top of your head indoors, I might still work with you. But…why do you do that?
We might be a match if:
- You are looking to protect copyrights, trademarks, or trade secrets, and put them to work for your business.
- Your business is based in another country and you need to secure United States trademark registrations.
- You need licenses to use the copyright/trademark assets of others.
- You are looking for someone to act as “outside” general counsel for your business.
- Your business is looking for someone to provide training about how to protect and maximize the value of its copyright/trademark/digital assets.
- You are an attorney and you need my expertise in a case you are working on.
- You are pleasant to work with and you share my commitment to acting with integrity.
Things I would like to share:
Copyright and trademark applications are not just “paperwork.” Your application is the last step in a strategic legal process.
By way of analogy: suppose you were pursuing an advanced degree. You do all the work required; then you submit a form to the school’s admin office to get your actual diploma. That admin form is not what “got” you the degree; what got you the degree was the work you had to do first, so you were even entitled to submit the form.
There’s a lot of work that has to happen first, before you’re ready to submit a copyright or trademark application. If we are a good match:
- You understand this. That’s why you are engaging me.
- You appreciate the value in doing things correctly, the first time.
- You know I respect your budget and business parameters, because I have earned your trust.
- You communicate concerns to me right away, and we resolve them together. Our project motto is, “Let Nothing Fester!”
What About Billing?
It’s vogue, at the moment, for attorneys to offer services on a “flat fee” basis. They do this, because they think it will attract more clients.
They might be right.
Clients need and deserve to know what legal services are going to cost. Flat fee models seem to accomplish that. And for some types of services, they work well.
I bill hourly. Here’s why.
Sometimes a matter is straightforward and can be resolved quickly. Other times, facts and circumstances cause the matter to require more time. If I were to set flat fees for my work, the fees would have to be high enough to cover the complicated situations. I don’t think that’s fair. If yours is one of the straightforward matters, why should you be paying to cover my time on the complicated ones? On the other hand: if the facts of your case require us to (for example) back up and untangle situations that are blocking your objectives — well, the reality is it’s going to cost more in my time.
I bill for the time I actually spend, in providing services to you. In truth, most flat fee providers do the same. You’ll get…something…for the flat fee. But if…something else…is required, you’re going to pay for that on an hourly basis. I’m just being upfront from the beginning, and I truly believe many clients will end up paying less than if we’d started with some artificial flat fee.
I’m happy to talk more about this — and of course there is no charge for the discussion.
Arts Law
I don’t like the term “entertainment law” because it conjures images of inflated egos and arrogance. I have little tolerance for either, so if that’s the kind of lawyer you’re looking for please consider a large entertainment firm with offices near salt water.
The term “arts law” better describes my practice. My mission is to help creatives at all stages of their careers understand and deal effectively with the legal issues that affect them. I believe very strongly that mistakes made early in an artistic career can be more devastating than those made later on.
I encourage artists to think and conduct their businesses proactively, and I prefer working with people who understand that investing in the advice of counsel prior to major decisionmaking is far more cost effective than trying to clean up the mess after something goes wrong.
Representative clients include filmmakers, independent music publishers, record labels, production companies, design firms and nonprofit organizations; as well as individual artists, writers musicians, bands and ensembles.
MY SERVICES
Copyright Services
If you create content, I’ll help you protect it.
If you need to use the content of others, I’ll help you do it properly.
If you are collaborating with others: take a breath. You have more issues than you know. You might not like it when I point them all out to you, but you’ll be happy you addressed them now (when you’re all friends) rather than later (when you’re not).
If you are an attorney working in estate planning or family law, and your clients’ assets include copyrights: call me. There might be more at stake than meets the eye.
Need an attorney who can also read music? Check.
Thinking about using one of those services that will “register” your work for you, with the US Copyright Office? Think again. When you use these services you are, by contract, representing yourself in the matter. And make no mistake: preparing an application for US copyright (or trademark) registration is a legal matter. Essentially, these services are no different than the US Post Office: they take the legal work you have chosen to do on your own, and transmit it to the Copyright Office. It’s your call, but if you truly care about protecting your legal interests, use a competent attorney.
Trademark Services
If you’re thinking about a new trademark, it’s better to contact me sooner rather than later.
If you need to protect your existing marks, I can help you avoid conflicts that could come up without appropriate registration.
If you are outside of the United States and preparing to do business here: I can help you secure US trademark protection.
If you are in the United States and preparing to do business in foreign countries: I can also help with that.
Digital Business
I draft and negotiate software and web development agreements, hosting agreements, content licenses and contracts for use with employees and contractors.
I work with companies doing business online, assisting with privacy, terms of use, DMCA, social media, promotions, data breach and related issues.
Is your business compliant with GDPR?
General Counsel
To me, the most satisfying client-lawyer relationship is one in which our mutual trust and respect has matured into a long-term association.
Often a business client will come to me with a single task, often a trademark or contract matter. Then they’ll call me when their next legal issue comes up, and then the next. Over time I become the company’s general counsel. These are businesses that aren’t large enough to have in-house counsel, but take their legal matters seriously enough to recognize the importance of having a go-to lawyer who understands and believes in their business.
When the issue is within my skill set, I handle it. When the matter is outside my scope of practice I refer the client to trusted colleagues.
