Re: response to a gig cancellation?

[Alex J. Lubet <lubet001...>]

I don't want to get into the particulars, but I was recently involved in
a situation somewhat similar to the contractual problems folks are
discussing on this thread, though not a playing gig.  I was able to
obtain the services of a very heymish and also very prestigious attorney
friend of mine who wrote several letters on behalf of myself and my
colleagues to the parties with whom we had a grievance.  Sometimes, even
without the ability to enforce the contract, an attorney's presence and
influence can influence behavior.

However, I'm not entirely sure that's what happened, because my
colleagues and I also reported the incident to an agency which does
business with both my associates and the party with whom we had a
grievance.  It was the power and influence of that agency which
eventually forced our opponents to do (most of) the right thing, because
it was clear that the consequences within the community would be too
great not to comply and behave (more or less) ethically.

I'm sorry I can't disclose details of any of this, but I would like to
hold out a note of hope to everyone who is unable to enforce a
contract.  1) there are few saintly attorneys out there who will help
you if your cause is just and perhaps if they also happen to be your old
friends 2) never underestimate the power of influential people in the
community to "persuade" others to do the right thing.

If people want to contact me off list, perhaps I can find a way to be
more helpful and somewhat less circumspect.  I have been burned on
contracts, too, and am always anxious to do what I can in the interest
of a just cause.

Shalom,



MaxwellSt (at) aol(dot)com wrote:

> In a message dated 5/21/2002 11:46:04 AM Central Daylight Time,
> rlcm17 (at) hotmail(dot)com writes:
>
>
>
>> I appreciate very much the responses to date--and, obviously, would
>> welcome
>> any additional thoughts; but my response to Bob would essentially be
>> that,
>> in the absence of a pertinent provision (which there isn't) in my
>> letter of
>> agreement, I really don't *have* recourse in law to the
>> organization's
>> deciding to cancel (or, in this case, the group for which they made
>> the
>> booking deciding to cancel) my lecture--as opposed to if I *gave*
>> the
>> lecture and they didn't pay me; that would, of course, be
>> actionable.
>
> We have all kinds of provisions in our contracts, but unless you can
> afford to pay a lawyer, they're not worth much more than bluffing.  We
> paid $10,000 to a series of lawyers over several years to get back
> $10,000 owed to us....I also remind you that most of us on Global
> Village Music do not get paid a penny of royalties, but can't afford
> to sue....So stay sober on the legal options, alas.
> Lori

--
Alex Lubet, Ph. D.
Morse Alumni Distinguished Teaching Professor of Music
Adjunct Professor of American and Jewish Studies
University of Minnesota
2106 4th St. S
Minneapolis, MN 55455
612 624-7840 612 624-8001 (fax)


---------------------- jewish-music (at) shamash(dot)org ---------------------+