Law Office Of Crystal GH Lowery

Entertainment Law: Turning Art Into Big Business

Fri, 10 Feb 2012 18:07:49 +0000

James 2:26 KJV – Faith without works is dead.

During the course of my Entertainment Law practice, one of the most common experiences for me as an attorney is consulting and advising an artist who is extremely talented, but doesn’t understand that the entertainment industry is an industry and it is big business! For artists who wish to launch out and pursue their lifelong dream of making it big, they must go into it with at least a minimal business mindset. You can’t just pray for success. You have to develop and plan and work your plan.
You don’t have to understand everything about business or the entertainment industry to launch your career, but you do need to recognize that it is a business. The more you know and understand about the entertainment industry, the better, but you can have a team of trusted advisors surrounding you that will help you strategize and make good decisions based on their collective expertise and your goals.
Some very easy and basic tips for new artists are:
You will be much more credible if you can start out with a good record of being reliable. This is very basic and good common sense, but showing up to meetings on time is a good start. Being a little early is even better. You will want to be organized. This is sometimes not a major attribute of artists, but the more organized you are, the better and more confident you will be. This will show to those you are working with and negotiating with. You want to appear to be trustworthy and reliable. You will have less negotiating power if you appear to be risky. Risk equals less money or no money. You need to understand your difference. There are so many people trying to make it in the entertainment industry. Some are very talented, but they haven’t made it and may never make it. The reality of “starving artist” is all too real in this industry. If you are going to make a go of it and really step out, know your difference. What differentiates you from other talented artists? Knowing the answer to this question will set you apart from the crowd and allow you to shine. Finally, take time to know what your goals are. Stay true to your goals and yourself and your values. Desperation will produce industry successes, but individual failures. Take note of the stories of famous artists who have individual demons they continue to battle. All the success in the world is not worth it for the daily struggle with these evil powers.
In summary, launching an entertainment career is definitely challenging, but not impossible. You will increase your chances of success by understanding that the entertainment industry is big business. Have people you trust surrounding you. Put in place good habits such as being on time and being organized to help you appear more reliable. Know your difference to help you stand out from the masses. Stay true to yourself and your values so that after a lifelong journey you can see the true success you have become.
If there is something you can do about your situation, then do it. Stop making excuses, stop procrastinating, and do it. As James 2:26 KJV says, “Faith without works is dead.” All the creativity in the world will not necessarily mean action for you. Make your career big business in entertainment and your personal success your life’s big business.

Crystal G.H. Lowery, Esq is a Christian Estate Planning Attorney and is the owner and founding attorney of Law Office Of Crystal G.H. Lowery, LLC. Based on Faith is an organization intently dedicated to inspiring others through mind provoking truths, emphasizing the spiritual impact and necessity of proper Estate Planning.

IT’S THAT TIME. DON’T PROCRASTINATE ON YOUR ESTATE PLANNING.

Sun, 05 Feb 2012 21:51:40 +0000

The Byrds made very popular the first part of Ecclesiastes 3. Verse 1 AMP says, “To everything there is a season, and a time for every matter or purpose under heaven.”

We are now one month into this new year of 2012. Undoubtedly, you made some resolutions for the new year. You may have a long list or a relatively short list. About the end of January, statistically, the consistency in keeping the resolutions diminish. You may have decided to eat healthier, to exercise, to show more gratitude, or smell the roses more!

Year after year, about this time, I meet with individuals and couples who have made a list of things they want to accomplish in the new year with either initiating or reviewing their Estate Planning as a high priority.

Looking at your Estate Planning is a high priority and should be looked at periodically. It is good stewardship for you to do this. Ecclesiastes 3:1 refers to seasons and times for every matter or purpose. Estate Planning definitely falls under that category. In fact, we should be continually maintaining our planning if we have already initiated it. If you haven’t initiated any planning, then now is the time or season to begin. It is a lifelong process because your desires, goals, and wishes will change throughout your life. Your assets will also change as you will no longer have some but you will acquire new or different ones.

There are other reasons to periodically review or prompt one to initiate Estate Planning. These are major life events or changes which include a marriage, a birth, a death, moving, a career change, or a decision change.

In order for planning to work as you intend, it must be current, which is the importance of maintenance. In order for your goals and wishes to successfully happen, you also have to initiate planning. Those goals and wishes will not just miraculously happen and it is not a shot in the dark.

It is not too late to begin to successfully plan even if you have been procrastinating. Most people to procrastinate, especially on these issues. Although I work with people who do plan, most of society does not. Unfortunately, even if you believe that your wishes will be carried out through oral wishes, those are not legally binding and the wishes of the state where you live will dictate instead.

You may feel like it is overwhelming to begin the process if you haven’t already, but just take it one step at a time. Something is better than nothing. Truly, “to everything there is a season, and a time for every matter or purpose under heaven.”

What is Probate? The Pros and Cons.

Tue, 31 Jan 2012 23:17:44 +0000

The most common question I am asked is: “I thought that if I have a Last Will and Testament, my estate will avoid probate, Right?” Unfortunately, that is not how it works. Let’s take a look at what probate is and how it works.

Probate is a simple concept to understand. Sometimes the process of probate is also easy to get through. Other times it is more difficult and challenging.

There are basically two ways that an estate will need to go through the probate process. The first way that an estate will go through probate is when someone passes away without a Last Will and Testament. The second way an estate will go through the probate process is when someone passes away with a Last Will and Testament. What this means is that the Probate Court will oversee the transfer of the decedent’s assets to the correct beneficiaries. The assets that go through the process are those owned by the decedent. For example, real estate titled on one’s name is an example of an asset that would go through probate under the above two conditions.

There are pros and cons to having an estate go through probate. A benefit is that the process is standardized. The process is methodized and is not different for different estates.

There are some of negative aspects of probate. The process takes time. The person doing the work is called the Personal Representative or traditionally called Executor. In South Carolina, typically at a minimum the process is around a year in length. The process can be longer depending on the circumstances. The Probate Court also assesses a fee for the estate to go through the process. This fee is based on the size of the estate. In addition, if the Personal Representative chooses to have an attorney assist him through the process, there will be attorney fees as well. All of these fees should be paid out of the estate’s assets. However, this will reduce the size of the estate and less will go to beneficiaries.

Probate is also a public affair. This means that the records can be examined by the public. One may write to the court for copies of records, one may go online as many probate courts have information online, or one may go visit the court in person.

The Personal Representative should also wait until a specific point in the probate process to distribute assets. Therefore, there is what I call a holding period until the assets should be transferred to the beneficiaries. This may make it difficult for beneficiaries who are impatient or do not understand the process. It may make it difficult for other things that may need to be done. For example, if a beneficiary wishes to refinance real estate, they will need to wait until the legal title is conveyed to them.

In Estate Planning, one needs to be educated about the options for planning. While one person may not mind their estate going through probate, for another, it does not fit their goals and ideals. There is no right or wrong answer. However, being informed of what it all means is important.

A FAITH BASED HOLISTIC APPROACH TO YOUR ESTATE PLANNING AND BUSINESS PLANNING

Fri, 27 Jan 2012 18:10:46 +0000

All people for the most part strive towards progress, but successful progress is almost certainly an unrealistic goal without a holistic approach.

Many use the term holistic, but it is important for this discussion to understand the meaning of the term as some only use it but do not follow through on actually practicing in this manner. Holistic is a wide-reaching term, designating views in which the individual elements of a system are determined by their relations to all other elements of that system. The emphasis is to be concerned with wholes rather than separately analyzing individual parts. The individual parts are interdependent upon the other parts.

The legal profession historically has dealt with issues as they arise. For example, car wrecks, slip and falls, negligence and probate issues all have one thing in common which is that they are not being worked in a preventative sense. In high contrast, they are issues which require an intense amount of curing or fixing.

There are many reasons I approach the practice of law from a holistic perspective. As one may initially imagine, prevention is far less expensive over the long term, less emotions are involved, logic and rational thinking is involved and the efficiency of the process is greatly increased.
At this point, you may be wondering what all of this really means in terms of your planning.
In personal Estate Planning, this means that individuals are much more than a composite of who their beneficiaries are, who they have appointed as trustees or personal representatives (traditionally called executors). Individuals and couples have life goals, assignments they are working on, and a purpose for their existence. Just as it is important to decide upon the significant details of who beneficiaries will be or who their trustees or personal representatives will be, it is important to remember to start with a more purposeful holistic approach which answers these greater questions first. Without these answers, one cannot begin to answer the sub-questions accurately or with a true sense of completeness.

In the context of faith based planning, these more important issues begin with answering questions about one’s faith including one’s purpose. Why did God create that individual? Knowing the answer to this question helps to answer many more questions and shed light on matters that can be covered in darkness. Also, for married couples, answering questions such as their life mission together is important. What does the Bible teach about inheritance? What does the Bible instruct regarding end of life issues in terms of the health care portion of planning? All of these issues are truly important to master first before any of the details can be answered.

In Business Planning, holistic planning means that businesses are comprised of more than just products, sales, employees and owners. These four components are crucial, but they are the tip of the iceberg. These components are only what appear visibly when looking head on at a business. There are countless other components which are at the core of the business which either ensures its success or failure. It is crucial that a holistic approach is followed in light of the failure rate of small businesses. This failure rate is around 80% which is extremely high. This means that 8 out of 10 small businesses fail in their first year of business. After investing time, finances, hard work and numerous resources, it is important to realize the results of the endeavor. Therefore, some basic components that a business must have in place include: a business plan, a detailed budget, a knowledgeable certified public accountant on board, a set of processes which ensure that variation is eliminated, a well thought out and organized employee handbook or manual, frequent training for employees as well as supervisors, the appropriate hardware and software and knowing how to use this hardware and software to its fullest advantages. The list is endless and these are only the beginning of the basics that each business must have in place to ensure success. There are also other components that businesses must have in place which are specifically tailored to their specific industry, purpose and goals.

In the context of faith based planning, a business owner needs to begin with the same larger questions that one does in Estate Planning, but also discover the answers to questions such as God’s purpose for them in business. What can they accomplish in the business world that stands out as an example for others to follow? What is the true mission of the business? These questions are extremely important to investigate before meaningful and successful business planning can occur.

As an attorney, I have adapted my strategy with clients to include discussions regarding the greater holistic approach. Having a holistic approach means that as an attorney, I counsel individuals, couples, and business owners using this approach. Part of this approach also includes working with other professionals to provide the absolute best and most completely holistic plan possible to ensure the highest probability of success. This approach is not the mainstream approach and is not considered orthodox, but clients who truly wish to plan in the proper way are extremely open to this approach and recognize the value in it. This is not just a theory that I use. I have seen its results. These results yield for the absolute necessity of using the holistic approach.

This point is when the successful progress begins. BASED ON FAITH.

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Based on Faith is an organization intently dedicated to inspiring others through mind provoking truths, emphasizing the spiritual impact and necessity of proper Estate Planning. Crystal G.H. Lowery, Esq. is a Christian Estate Planning attorney and is the owner and founding attorney of Law Office Of Crystal G.H. Lowery, LLC.