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Entertainment Law Ethics

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Informed Consent

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Entails fully disclosing the relevant facts to a client and obtaining consent before proceeding.

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Fee Arrangements

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Ethical fee practices include clear, reasonable, and communicated billing arrangements with clients.

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Process of Negotiation

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In negotiations, lawyers must be honest and must not make false statements of fact or law.

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Gifts from Clients

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Accepting substantial gifts from clients can raise ethical issues and potential conflicts of interest.

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Duty of Diligence

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Lawyers are required to act with reasonable diligence and promptness in representing a client.

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Duty to the Court

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Lawyers have an obligation to maintain integrity and decorum in the judicial process.

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Entertainment Contracts

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Must be negotiated and drafted ethically to ensure fairness and avoid taking advantage of less experienced parties.

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Intellectual Property Rights

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Involves ethically respecting and protecting the creative works and intellectual property of others.

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Confidentiality

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Requires an attorney to keep all client communications private unless the client consents to disclosure.

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Dual Representation

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Representing two clients in the same matter, can raise ethical concerns when interests conflict.

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Exploitation of Clients

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Unethically using a client's situation for the lawyer's personal gain is considered exploitation.

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Advertising and Solicitation

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Marketing must be truthful and not misleading, and there are restrictions on direct solicitation of clients.

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Conflict of Interest

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Occurs when an attorney represents competing parties, thereby compromising loyalty or confidentiality.

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Duty of Competence

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Lawyers must provide competent representation by having the necessary skill and knowledge.

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Attorney's Duty to Report Ethical Violations

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Lawyers have a duty to report professional misconduct by other attorneys.

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Client Trust Accounts

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Attorneys must carefully handle client funds, keeping them separate from their own.

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Right of Publicity

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Addresses the ethical use of a person's likeness or identity in commercial endeavors without permission.

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Sexual Relationships with Clients

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Generally considered unethical due to the power imbalance and potential for exploitation.

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Representation of Minors

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Entails special considerations for capacity and consent when dealing with clients who are minors.

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Fair Use Doctrine

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Determines when the use of copyrighted material without permission is permissible, such as for criticism or parody.

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