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Entertainment Law Question #12?


Here is a hypothetical situation in which there may be more than one answer. What do you think?


Reckless Records is suing Eddie Executive for breach of contract because he signed with another competing company while he was still working with Reckless. Eddie Executive claims that when he signed a contract with Reckless Records and they had their lawyer present, he was not told he needed his own lawyer present to look over the contract.

Assume that Eddie Executive is not able to prove that he suffered any actual damage as a result of not having his own lawyer when he negotiated and signed the contract with Reckless. Assume also that the court (rightly or wrongly) concludes that Andrea Attorney (Reckless' attorney) did breach a fiduciary duty to Executive.

Under the above circumstances, what remedy, if any, may Executive be entitled to receive on account of Attorney's breach of fiduciary duty?

EE can't go after RR if the Court concluded EE suffered no damages. However, EE can pursue a legal malpractice claim against AA (since in this hypo AA had a F/D and breached) in a civil court or EE could be a real hero and try to get AA's license suspended by filing a grievance with the State Bar.

penny lane we all know that contracks have hidden small prints in which you need a magnifying glass to see, or maybe it was added after he signed, now did the contrack state that he couldn't work for another competing company (was it stated). and is he still working for the competing company. what damage did he sustain in that signing of the contrack, the attorney on the other hand if eddie didn't know to have his attorney present, and they had one he should've waited for another day (postpone) i beleive they call it.

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