Where to find a photo lawyer

[Editor]

I have a contract with a major textbook publisher for photos for an elementary school math textbook. I have fulfilled my end of the contract, supplying the photos for the 60,000 books the publisher intends to print. The publisher, however, has not paid. E-mails go unanswered. Phone calls are met with "we'll research it and call you back tomorrow." My initial contact with the publisher no longer works for the company.

So, now that the invoice is five months past due I feel that I finally have to hire a lawyer. The textbooks are supposed to be shipped to West Virginia next month, and I think there should be an injunction against that happening until I'm paid.

I need a lawyer to shake the right tree. But I don't know how to find one. Does anyone have any recommendations? If it's important, the contract contains a clause stating that lawsuits must be brought in a New York state courtroom, even though the publisher is in Florida.

[OTRphoto]

Are you a member of PPA? If so they can help you out on this.

[Editor]

No, I'm not a member of anything. I know the various photography organizations offer legal resources, but since I'm not a member I thought I'd try here.

[texkam]

Perhaps you could also persuade the media to get involved. They always seem to have an "On Your Side" reporter.

[Editor]

Originally Posted by texkam

Perhaps you could also persuade the media to get involved. They always seem to have an "On Your Side" reporter.

For a contract dispute? Unlikely they'd care because there's no threat to the public.

Most TV stations dropped "on your side" reporters back in the late 80's and early 90's anyway because of the expense anyway.

[Angelo]

Try this one. I got it off the internet.

http://www.photoattorney.com/indexold.html

[Editor]

Originally Posted by Angelo

Try this one. I got it off the internet.

http://www.photoattorney.com/indexold.html

Thanks. That looks promising.

[texkam]

Unlikely they'd care

I see you're in Chicago. Maybe it's more of a southern thang. Good luck.

[ka5txl]

Originally Posted by Editor

For a contract dispute? Unlikely they'd care because there's no threat to the public.

Most TV stations dropped "on your side" reporters back in the late 80's and early 90's anyway because of the expense anyway.

Maybe in Chicago but every tv station in Dallas has them.

[gregt1310]

You could contact the PPA and ask them for guidance (i.e. do I have to be a member for XX number of months before the PPA lawyers could help me)??

Just a thought....

[Jeff Lane]

At first blush, your issue sounds like a collections problem, not necessarily "photography law" (ie., copyright, trade dress, privacy rights, etc.) problem, although some of those issues may be implicated, depending on how tricky you want to get chasing these guys. You also need to consult a lawyer to decide whether the "choice of forum" clause (requiring you to sue in New York) relates specifically to this issue, and if it does, whether it is enforceable. Assuming you're headed to New York, you probably should decide on a legal budget (whether they owe a million or a couple of hundred).

If you have no relationship with a Chicago lawyer (I'm assuming not, because you're asking this question on a Texas forum), you might want to think about starting one. I'll assume you're a small business (otherwise you'd already have a relationship with a law firm), so I'd advise you to find someone in Chicago who works regularly with small businesses, will handle a handful of small matters for you, and may help you find someone in NY NY to help you with this collection matter.

All that said, your first resource really should be a referral from PPA or some other organization that semi-screens lawyers for its members. Failing that, go to www.lawyers.com or www.martindale.com, where you will find several search options, both for your Chicago needs and for this New York collection matter.

When researching lawyers, one helpful hint: Martindale Hubbell (www.martindale.com) uses a "peer review rating" to help you sort the good or pretty good from the riff raff. Lawyers are rated "AV" "BV" or "CV" going from best to pretty good, or not rated at all. Not being rated could mean either that the lawyer did not get a good enough rating to be listed at all, or it could mean that he/she is a great lawyer that just did not want to participate. (Disclaimer: I'm biased, because I'm proud of my AV rating.) Based on what little information you've given here, any lawyer that is rated would probably be competent to handle this kind of matter, but if you can find an AV or BV rated lawyer that you can work with and afford, I'd go that route.

Good luck, and let us know how it all comes out.

[Editor]

Originally Posted by texkam

I see you're in Chicago. Maybe it's more of a southern thang. Good luck.

It's not a southern thang, it's just the state of the industry. I have 20 years experience in broadcast news, many of them in TV newsrooms in Texas, and I can tell you that they don't care about contract disputes that don't affect a wider audience.

[L Stegall]

Or, to follow up on Jeff's post above, it could mean they haven't been licensed long enough to go through the Martindale Hubble rating system. Another good source for referrals may be the Chicago Bar Association. The Dallas Bar has a referrral service, and I assume many others do as well.

I do agree that finding someone where you are and that you can develop a good business relationship is a good plan. Don't know if your contract has a choice of law (forum) provision, but that may control where you would have to file suit.

Regardless, best of luck. Like Jeff, I'll be curious to know what happens.

Lisa (also AV rated)

[Editor]

Originally Posted by ka5txl

Maybe in Chicago but every tv station in Dallas has them.

I don't think that's true anymore. I don't see any link for an investigation team on WFAA's web site. I know Belo let its investigator in Houston go years ago. Now she's doing sexy infomercials in Miami.

Nothing on KXAS' web site, either.

KTVT has "The Investigators" but the stories are all just wire copy about recalls and other national content. Ditto for KDFW. You must be remembering something from years ago, which was my point -- TV investigative teams are almost extinct. Yes, even in Texas.

Sometimes just airing promos is as good as actually having an investigative staff.

Editor added 1 Minutes and 49 Seconds later...Double Post Merged Below

Originally Posted by Jeff Lane

At first blush, your issue sounds like a collections problem, not necessarily "photography law" (ie., copyright, trade dress, privacy rights, etc.) problem, although some of those issues may be implicated, depending on how tricky you want to get chasing these guys. You also need to consult a lawyer to decide whether the "choice of forum" clause (requiring you to sue in New York) relates specifically to this issue, and if it does, whether it is enforceable. Assuming you're headed to New York, you probably should decide on a legal budget (whether they owe a million or a couple of hundred).

You know, I think that's the best advice I've heard about this. You're right -- I shouldn't look at it as a legal problem, but as a collections problem.

Since I have a contract, it's proof that the publisher owes me money. I bet I could just turn it over to a collection agency. At this point getting 80% (or whatever remnant I'd get) is certainly better than getting nothing.

Thanks. I'll look into that.

[Aric C. Hoek]

http://www.photoattorney.com/