Boutique Lawsuit

[Junomech]

I hope someone can help me out.

I am contracted out through a local boutique to provide photography. The boutique owner (whom I'll reference as Kyle) is currently being sued by one of his clients. I have delivered the proofs to Kyle. The client's lawyer called me asking me if I could sale the photography package directly to them (the client) because Kyle has not responded to their request to deliver the proofs. He's basically holding them till the law suit is settled. The lawyer said that any communication and/or transactions between me and his client will be confidential. In other words, if I were to sale the pictures to his client, they would not say anything to Kyle.

My concern is this:
My services have been paid in full and the package has been delivered to Kyle. Should I notify Kyle that the client's lawyer has contacted me? Am I liable if I do not sale the pictures to the client?

I really do not want to get in the middle of this. On one hand, Kyle provides me with about 80% of my business. On the other hand, I also get work through referrals.

[Angelo]

Here's my two cents...
Your loyalty should be to Kyle. I would almost bet that if you approached Kyle with what is being requested of you by the client's attorney, he'd probably say "Go ahead and sell them". But I would not do sell them unless I received Kyle's blessings - but, that's me...

[Steelsun]

You might get in trouble if you go around Kyle. He could sue you for selling a work product he paid you for to someone else, plus breach of (probably implied) contract, maybe even theft of trade secrets (which could include customer contact).

Since a suit is involved, and you are a potential witness for Kyle's side, the lawyer could be commiting an ethical breach by proposing that (witness tampering).

I'd say "No thanks" to the lawyer.

I am not a lawyer, this is not legal advice.

[sbp]

this is not legal advice.
But for few $$ I won't throw away good relationship with Kyle.
Even though If I know that Kyle is going out of business I will not sell that to lawyer. $ is not important then relationship. But that is me.

[boxofrocks]

That lawyer knows better than that. I smell a rat.

[Michelle Allmon]

Don't do it!

[L Stegall]

Hmmm, let's review. 1. Your contract is with Kyle. 2. You have provided the goods to him. 3. You have been paid by him for those goods. 4. The 3rd party with whom Kyle does business is in a dispute with Kyle and wants you to give them the goods you've already delivered for Kyle AND they won't tell Kyle. [wink wink] Have I got that right so far?

Even if Kyle is wrongfully withholding the goods from them, I'd let them deal with that in court WITH KYLE - that's why they are are there already. You don't want to be brought in as a 3rd party or have a claim of tortious interference with business relations of some type. Just my 2 cents.

The above is not to be construed as legal advice or imply an attorney-client relationship. :) No. Seriously. It doesn't. I'd advise you to consult a good business atty if you are thinking about doing this.

[rescue951]

Do you have your own biz attorney that you could reference? If that attorney contacts you again, record the conversation. CYA.

[HeatherLou]

Don't bite the hand that feeds you!

[d2creative]

Originally Posted by Junomech

I really do not want to get in the middle of this.

Exactly.

Put your tray tables up, seatbacks in their upright position and calmly move towards the nearest exit.

[HotHolly]

If you are a member of the PPA - CALL THEM! You get legal help and they will know what you are obligated to do. Anything else is a guess.

[Bobj616]

Never trust a lawyer hired by sombody else, and keep a close eye on yours. Bob

[suzyjazz]

I would stay out of it, decline that lawyer's request, and try to have as little to do with it as possible.

[ShaneKislack]

Here's the best way to handle it. Offer to reshoot it for the lawyer's clients...that way you make money on the shoot and licensing again.

I would not just hand over files from the shoot Kyle paid you for. And just don't be sneaky about it. If you don't feel good about something...chances are your gut feeling is telling you something.

[DEMDeepEllumMusic]

This looks like a situation that falls under you being a contractor under Kyle and in such a case he is liable for your work product to his client and you are only in a contract with Kyle and not the final buyer of the product though they were the subject being shot.

Look at it this way say your having your house remodeled and you hire a general contractor to do several things including refinishing your wooden floors. Well he hires out a subcontractor to do the floors and they do the floors and screw up. Well then you would go after the general contractor to make them right or to pay for value lost in them being messed up you would not go after the subcontractor hence in this case the lawyer coming directly to you is ethically smelly as all get out.

I would let Kyle know that the lawyer came to you as an end around and there is no way that I would deal with this worm (clients lawyer).

I'm not a lawyer nor have never been one but took enough business law in college to be dangerous so take this advice and $3 and get yourself a late' at Starbucks.

ALSO I WOULD NOT RESHOOT DIRECTLY WITH THE CLIENT NOR WOULD I OFFER A REFERENCE TO ANOTHER PHOTOGRAPHER, let them find someone else to reshoot and besure to let Kyle know that they contacted you directly.