Billboard Says Lawyers Are Too Busy. The Future Will Be Better (Guest Column)

Ask a lawyer: “Do you have too many clients?” The answer will only ever be, “I’d like more.” But not all lawyer-client relationships are created equal. Entertainment lawyers are not like lawyers who handle class action lawsuits and represent thousands of clients with little contact, or personal injury lawyers where you hope that you never have to help the particular client again. We are in a high touch, fast-paced, relationship-based, paper-intensive business.

Billboard raised some great questions and points last month in its widely-discussed report, “Music Lawyers Have a Problem: Too Many Clients, Too Many Deals & Too Much Paperwork.” It’s true: the digital era has removed substantial barriers of entry to recording and distribution of music. Now combine that with the ease and speed of music to market, songs written and recorded, sometimes by as many as ten or more credited writers and producers, and deals that are as varied and creative as the music they’re meant to protect. You’re left with ever-growing piles of music business paperwork.

This “Lawyer Problem” can and will be fixed by a combination of music industry education and training and the deployment of deal-making platforms and tools, aided by AI, that modernize and improve the whole dealmaking process.

This doesn’t mean that every artist and their team members need to go to law school. But let’s face it: if you bring your car to a mechanic and can’t describe the problem, you aren’t setting yourself – or the mechanic – up for success. Attorneys spend an enormous amount of time on education, walking clients through basic deal points and nuances. In an age when deals are getting more and more bespoke, it behooves artists and their camps to master the broad dynamics and key terms of basic dealmaking. A striking number of industry professionals in positions where they should know better still don’t understand basic royalty accountings or recoupment; each one of these cases costs the client billable hours and/or a law firm a lot of time.

Administrative process may not sound like the sexiest topic. But given the high volume of deals being done, an enormous amount of time is wasted on tasks as simple as downloading documents, saving the file to the correct folder and naming the document, redlining, checking precedent from prior deals, and looking for variations to include in a revised draft. If you’re a lawyer or a manager, how many emails do you send or receive asking “Where are we with this?” Talk to any working attorney in the music business, and they will acknowledge that these are substantial, contributing factors to the drag on deals.

And you’d be amazed what happens once a deal is signed. How much time is spent on taking contracting metadata and having it entered into royalty systems? Why are producer agreements sent to record labels as PDFs that need to be manually entered into royalty systems? The same goes for song split data for publishers and PROs. Minutes that add up to hours and days can be saved throughout the entire contracting process. Notably, none of the tools utilized by music industry attorneys are actually built for making contracts or their other needs. As platforms where all of the above can be executed, organized and archived in one place emerge and become industry standard, transformative speed and efficiency will result.

And of course, it wouldn’t be a “future of work” piece if we didn’t touch on the potential of AI. Generative tech offers enormous promise in the dealmaking and contracting spaces. Google “legal tech” and “AI” and you’ll see waves of funding and new, still-experimental utility–and yes, plenty of missteps in these early days. But given the right focus and experienced oversight, well-trained engines are capable of generating bespoke language for some of the most common deals in the music business where clients can ask questions, and be provided with immediate, accurate contextual education. These sorts of next-generation platforms should lower the barrier to entry for all music industry stakeholders including artists, songwriters, producers, managers, etc. in a whole different way: creating much greater access to credible, needed legal direction and knowledge to handle the world of music industry deals.

None of this will put lawyers out of business. Rather, as the various elements laid out in this piece begin to come to market, attorneys will be freed to fix higher level issues such as song splits disputes that hold up income for years which require relationships to fix and stamina to resolve. They’ll have more time to develop relationships with more “buyers” and “sellers” to provide added value. And they’ll finally get ahead of paperwork to plan for their clients’ futures. In this world, lawyers may still be unable to help themselves from always wanting more clients. But those clients will receive better, faster service.

David Fritz is partner, Boyarski Fritz LLP, and co-founder, along with Steven Ship, of Creative Intell, a deal-making platform currently in private beta.