So You Got The Job - Now What?

In my last two career- focused articles, I listed some books that I recommend that aspiring entertainment attorneys read, and also gave some tips on breaking into entertainment law. Now we get to the fun part - the actual work!

This is the point where I have to disclaim that the following are my personal opinions and do not necessarily reflect the views of my firm. Moreover, I can only speak to my personal experience and what worked for me as an associate attorney. So while I think that there are a lot of solid principles here, everyone must forge their own path, and you may find that my approach does not work for you.

With that said, here are my suggestions with respect to good habits for effective entertainment attorneys (and I think much of this may apply to attorneys in other practice areas as well).

Take Ownership; Be Accountable

One of the qualities that distinguishes excellent professionals is accountability for their work and for the matters that they are involved in. In this context, that means two things to me. The first is that, from the second they are staffed on a matter, a junior attorney should make it their goal and mission to learn everything about that project, and to be the definitive resource for information on every aspect of the project. In entertainment, that means that when you are staffed on a matter, you read every email thoroughly. Then you go on IMDBPro and research every single name listed in the correspondence. You understand their prior credits, the kind of work that they do, who represents them and their approximate stature. You look them up in the trades. Then, you go into the client folder and read each and every document and email relating to the project. Make yourself an expert in that project. If it's a financing project, know the financing structure inside and out. If it's a rights deal, understand all of the aspects of the deal and the chain-of-title. If it's an adaptation of a book, look up the book on Amazon. If there's a script, read the script! If you see something that you don't understand, ask a colleague - first another associate, and then the partner. Do not rest until you have a full and comprehensive understanding of the project. This applies even if you have only been assigned a small part of the project (e.g., a crew deal memo, an exhibit to a financing agreement, a composer agreement). Be project-oriented, not task-oriented. Try to see the whole picture.

The second component to accountability is understanding that your job does not stop when you hand something off. An associate's job does not stop when the associate sends something to a partner, just as the partner's job does not stop when the partner sends something to the client. "Oh, I sent you an email" is never an acceptable response. Our job is not done until each and every deal has been closed and each and every document has been signed in a form and substance acceptable to the client, and which protects the client to the maximum extent possible. And sometimes it doesn't stop there.

The key thing for any young associate to understand is that the relationship of associate to partner is exactly the same as the relationship of a partner to a client. I expect to be able to call an associate at any moment of the day to ask a question, and for the associate to know the answer, because a client expects to be able to do the same to me. And guess what, it doesn't stop there - because it's likely that our clients are accountable to their bosses, or financiers, or the board. I would never ask anything of a junior attorney that I would not expect of myself.

Understand The Clients And Their Business

In the section above, I mentioned the distinction between a "task based" (or "document based") mentality, and a "project based" mentality. But the truth is that truly excellent client service actually requires going a step beyond that - an unwavering commitment to understand each and every facet of a client's business. Accordingly, a junior associate should familiarize themselves with each client's industry, the client's prior projects, and its stated business goals. By understanding our clients' businesses, we are able to anticipate and address potential challenges and opportunities, and provide strategic advice to clients. That is how an attorney moves from being a mere scrivener or mechanical drafter of documents to being a true business partner and trusted advisor.

Junior attorneys will also benefit by committing themselves to learning their clients' businesses. The truth is that all attorneys have to handle work that can be stressful, frustrating and sometimes tedious. Understanding your role in the bigger picture will help you get through those difficult moments, and increase your job satisfaction. It will also make you feel more valued and involved when we get to the hopeful final outcome in entertainment - the release to the public of an entertaining and successful movie, show, book, graphic novel, podcast or game.

Establish Goals and Keep Them In Sight

I recommend that all new attorneys set a goal for themselves, and keep that goal in mind. The goal should be theoretically achievable, but far enough in the future that it cannot be attained immediately. By having a target to aim at, you will find it easier to navigate the challenges of day-to-day life as an attorney (which, let's face it, can be exhausting).

When I started as an entertainment lawyer, I had three goals. The first was to be the best attorney in my age bracket on the East Coast. The second was to be the best attorney on the East Coast, period. And the third was to be the best attorney in the country, period. Will I (and is it possible to) achieve those goals? I don't know, but it doesn't matter. Those goals kept me working and motivated through some very difficult times and stressful projects. And along the way, I also had smaller, more achievable goals (first credit on a movie, attending Sundance, speaking at SXSW, making it onto the Variety list of top attorneys, etc.).

I will also add that when you have small victories, celebrate them. It can be very easy in this business to become engrained in the fast moving culture of "the next thing." But closing a deal, or seeing your project premiere is a real achievement, and you need to take pride in that - irrespective whether your role was big or small.

Read Everything

So you've joined a law firm or entertainment company. Congratulations - you now have access to one of the biggest libraries of directly relevant legal agreements in the world! I always find it baffling that young attorneys do not avail themselves of the resources at their disposal. One of the best ways to learn this business is by reading as many deal memos and contracts as possible, especially higher level or more sophisticated deals. An extreme intellectual curiosity and a hunger for (some might say in my case, obsession with) information and learning are strong indicators for success.

When I was an associate, I would pick an area of the business (financing, talent deals, influencer deals, distribution deals) every week. Then I would search through our files, print out a bunch of agreements, take them home over the weekend, and read them. The advantage of this approach is that you don't have to wait to be staffed on a relevant matter and try to learn on the fly - you can take your destiny into your hands. As stated above, I wanted to be the very best in my field, and that wasn't going to happen by letting myself be spoonfed.

Of course, you have to comply with the rules and policies of your employer and, whatever you do, do not leave confidential documents on the train!

First In, Check In Before You're Out

With apologies for sounding like your grandparents, there is a lot of truth in the recommendation that a junior employee (in any field) should be the "first to arrive and last to leave." Getting into the office early in the morning before everyone else allows you to prepare for the day, read the trades, enter your time (if not already done) and bill some extra hours.

I'm somewhat less dogmatic on the "last to leave" part. I have certainly worked for partners who expected me to stay in the office as long as they did, which was a blessing and a curse. However, the truth is that in the digital era it's not necessary to ask associates to sit in the office until late at night out of an outdated sense of tradition and obligation. With that said, it is essential that associates check in before they leave the office, or if they are going to be unavailable for a period. Again, this is just a reality of the business - clients expect us to be available, and thus associates must be available to their supervisors.

To be honest, few things give me a bigger thrill than a client calling with an exciting or time sensitive matter that needs to be handled immediately. That's part of why I love my job. You don't have to be like me, but you should check your email intermittently.

Overcommunicate

Further to the section above, you should know that this business is founded on communication. Accordingly, you need to overcommunicate with your colleagues. Practice writing concise and extremely clear emails (we always say to associates "imagine that you're writing to a client who knows nothing about the matter and wants to understand everything and then respond to each question in two or fewer words"). Let people know what you are doing and where you are. Update regularly on the status of matters. Follow up on emails.

Perhaps most importantly, get comfortable on the phone. I understand that other industries have moved on to a combination of email, messaging, slack and/or discord. Not so in entertainment. Prior to COVID-19, I spent most of my day on the phone. Now it's a combination of Zoom and phone. Digital communication definitely has its place in communicating with clients and colleagues - but the phone is king and it is impossible for an entertainment attorney to operate without getting on the phone regularly.

Proof on Paper, Not on Screen

Never try to proof read a document on a computer screen. It cannot be done. You must, must, must print it out onto paper and review it with a pen in hand.

I don't care how smart or experienced you are, this is the only way to review and proof read documents.

Consume Media

Here is a controversial viewpoint: I don't think that you can be successful in entertainment law unless you truly love entertainment. Our job is too hard, and the situations and personalities that we have to deal with are too idiosyncratic, for anyone to treat it "just as a job." I'm sure some people would disagree.

What I do know is that if you want to work in this business, you must be familiar with what is going on in the industry, and part of that is being a consumer of media. There is too much content being produced today for you to watch everything, but you should at least be familiar with what the current hits and buzzworthy movies and TV shows (or podcasts or games) are.

Whatever you do, do not be the person who is too good for TV, I beg of you. "I don't really watch TV" might be a cool response among your friends, but it is an almost insurmountable black mark against you if your job is going to be doing TV deals!

When I interview candidates, in addition to the normal questions, I ask two specific questions: "what do you do to keep apprised of developments in the industry?" and "what are you watching on TV?" The latter question helps me get to know you a bit, but more than that, it lets me see if you can talk passionately and critically about media that you love.

The Client is Everything

To conclude, let me reiterate the most important rule in the practice of law:

The client is everything. The client is everything. The client is everything.

We are here to service clients. Everything that you do should be geared towards providing the best client service and work possible - whether your "client" is a senior associate, partner, supervising attorney, general counsel, head of business affairs or independent producer. Be obsessed with client service, and excellent work.