Some Thoughts on Agent-Client Relationships

After scouring the news like I do whenever I get a chance, I came across a story about Britney Spears.  The story was in regards to Britney dating her agent, Jason Trawick.  Normally I could care less who Britney dates.  But this story did catch my eye because I recently took Professional Responsibility during my second year of law school.

This story brings up several issues for those who are entertainment agents and are thinking of becoming romantically involved with a client.  Before an agent decides to “hook up” with their client, he should think about some ethical concerns.  First, in the Spears-Trawick situation, if the relationship developed as a result of Trawick’s representation of Spears, most jurisdictions would consider this an ethical violation.

For those agents who are lawyers, they must be concerned with the Model Rules of Professional Conduct.  Rule 1.8(j) provides that a lawyer shall not have a sexual relationship with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship began. So it appears then that Trawick is in violation of the Model rules.  Clearly Trawick and Spears weren’t involved when he began representing her.  The development of their relationship now would seem to violate the Model Rules.

In California, where most talent agencies are based, the state rules proclaim that a lawyer cannot continue to represent an individual to which he is personally involved if their relationship causes the lawyer to represent the client incompetently.  So if an agent cannot diligently represent his client due to his personal relationship, he must discontinue the attorney-client relationship.

I don’t mean to pick on Britney or her new man.  I just thought it would be a good time to discuss this topic.  If you are an agent and are thinking about starting a relationship with your client, think about ethical considerations first. You could be disciplined or (god forbid) disbarred by your state bar association if your relationship violates that jurisdiction’s rules of professional conduct.

Beside ethical considerations, think about professional implications.  Such a relationship does not make you or the company you work for look good.  It might even cause some potential clients to look somewhere else.  For someone like Trawick, it could make it seem like  he is using his position to gain some fame and fortune.  This is not the image you want to portray as an agent.

So while it may seem like a good idea at the time, I urge anyone thinking about dating a client to stop and think.  Are they really worth all this?

By the way, if anyone is actually interested in reading the article about Britney dating Trawick, you can find the article here.