Sometimes a deal is not acceptable to the client and goes away, in which case there is an awkward moment between client and attorney for the work the attorney has done and billed for. Another difficult situation is when the studio submits an onerous 30- to 40-page option agreement contract, entirely one-sided, and the cost to negotiate it will be $3,500-$5,000. The client may be obtaining an option payment of $1,000-$2,000, so the client will have to pay more to negotiate the deal than the client is receiving. On the other hand, if the studio exercises the option, all the terms are in place so the client will regret trying to save at that point. This is a big advantage the studios have over the talent.

I generally do not like to review creative materials because it is irrelevant to the attorney's function in negotiating and documenting deals someone else has obtained. Some clients try to encourage me to do so (I suspect in hopes I will find their material irresistible and work on spec for them). However, it does not matter what I think of the material, because I only work if the client has sold it or had a job. Of course, you have to be sure the client is legitimate, so if there is no deal at present, you want to see some evidence of talent (which can be determined from a résumé, the work itself, or the fact that a studio has offered a deal). Turnoffs include clients who think they are the only client you have, don't pay on time or at all (especially if they expect the work quickly), and who only tolerate you as a necessary evil.

Hollywood Comics' Jean-Marc Lofficier needs to see a potential client's movie inside his head before signing him or her on.

Jean-Marc Lofficier, Hollywood Comics
Jean-Marc Lofficier has a 1977 M.B.A. from the Paris Business School and a law degree from the Sorbonne University. Lofficier founded Hollywood Comics in 2000. Prior to that, he was vp of Starwatcher Graphics and an executive with Credit Lyonnais and Barclays Bank. Lofficier is also an award-winning writer. You can learn more about his company at www.hollywoodcomics.com.

In most cases, an agent fulfills two functions: that of a salesman, and that of a contract advisor. Because of my background as a lawyer, my years of experience, and the thorny issues involved in securing a good deal when selling or licensing comic-book rights, we tend to be more involved in the latter. Clients tend to hire me when they already have made a sale, as opposed to trying to make a sale. As a result, we also deal with more established talent, as opposed to newcomers.

On a personal level, I want to make sure that I understand their career goals, and that we can effectively be of assistance to them (and not waste their time), and conversely that they understand what we do, and can't do. This is, of course, a very subjective process; but I have to be able to picture in my head what the finished film (or TV series) would be like. If I don't see it, then I'm likely to pass.

Louise Nemschoff, Entertainment Attorney
Louise Nemschoff is a sole practitioner of entertainment and intellectual property law, with offices in Century City. She represents a wide range of parties in domestic and international transactions in animation, gaming, digital media, film, television, comic books and other publishing. Nemschoff is a graduate of Harvard College and Yale Law School who has been in practice for over 25 years. She has published a number of articles and spoken extensively, both in the United States and Europe, on various aspects of copyright, trademark and entertainment law. In addition, she sits on the board of the Comic Book Legal Defense Fund.

For the most part, I do not get involved in submitting my clients' services or properties to potential buyers like an agent would do. If, in the course of talking and dealing with people in the animation business, an opportunity presents itself, I would naturally recommend an appropriate client and make the necessary introductions, either directly or to the client's agent.

Ordinarily, I will get involved in a transaction when someone has already made an offer or otherwise expressed serious interest in my client's work or material. At that point, a client will retain me to negotiate their agreements with a third party, to review, analyze and comment on a proposed agreement or to draft an agreement on their behalf.

Thus, I do not get heavily involved in evaluating a client's work or properties. While I am happy to give potential clients my impressions of their material, I tend to leave decisions as to commerciality to the agents and buyers more directly involved in the marketplace.

In picking clients, I look first at whether I can provide the services that the client needs. For example, as a transactional lawyer, I negotiate and draft contracts and give general business advice regarding employment in the animation, gaming, comic book and general entertainment industries, the purchase, sale or optioning of entertainment properties and the production and distribution of films, television and other entertainment properties. I do not, however, handle any litigation or litigation related matters, such as claims of infringement or theft of ideas.

If I can provide the needed services, I will see if we can come to an agreement as to payment of my fees. Usually, I work on an hourly basis, but fees are negotiable, depending on the nature and the amount of the services.

Finally, I look for a more intangible quality — an ability to work together and communicate well with one another. Working with an attorney is a collaborative process and it helps if both attorney and client are on the same "wavelength."