文娱法律师在整个法律服务界是一个特殊的存在。
同样是看热搜，当普罗大众专注“吃瓜”时，文娱法律师则需要透过现象看本质，从专业角度出发，为当事人考虑周全、维护权益。这说起来容易做起来难，因为文娱行业有着错综复杂的游戏规则——一名律师不仅要将相关法律法规牢记于心，还要熟悉文娱行业独特的“玩法”，在多条“警戒线”的设限中游刃有余，所以获得该行业客户的青睐并非易事。但海润天睿律师事务所高级合伙人杨曙光律师已经连续五年入选“ALB China客户首选律师”榜单，在行业内有口皆碑，当被问及长期受到客户信任的感受时，杨律师用八个字淡然回应：“受人之托，忠人之事。”
一战成名，声名远扬：“专业的文娱法律师”要会站在客户的角度思考
2014年，杨律师开创行业先河，为某知名头部经纪公司赢得与旗下艺人经纪合同纠纷案。该案之前，几乎所有的艺人、演员只要提起诉讼申请解约都能得到法院支持，导致很多经纪公司花费大量精力、人力、财力培养艺人，但还未获得应有回报之前便流失人才。杨律师为该经纪公司赢得了不解除合同的判决，对整个行业来说是近乎“洗牌”性质的冲击。
“从那以后，经纪公司底气更足，也更愿意放心培养艺人；艺人若想违约也会三思，而不是像之前那样随意。”杨律师说。
经此一“役”，文娱行业更加深刻地意识到专业法律服务的重要性，杨律师声名鹊起，在行业树立起优质口碑。在后续几件颇受公众和行业关注的重要案件中，杨律师或代表经纪公司，或代表艺人，凭借对细节的绝对关注、对客户的高度耐心以及对案情的全面把握，均取得了令人满意的结果。此后，随着客户和对手的口口相传，杨律师以“专业的文娱律师”广为业界熟知和认可。
然而，正如很多武侠小说里所写的，真正的高手并不轻易出剑。杨律师虽然在诉讼方面战绩斐然，但更倾向于通过调解的方式解决争议。
“或许打一场官司，律师能拿到更高的律师费，但当事人赢了案子、输了面子的情况屡见不鲜。我们从不主张以律师个人收益为前提去思考问题，而是站在客户的角度，做出更周全、充分的考量。去年，我们接手的案件有超过三分之一的是以调解结案，且取得了双方都比较满意的结果。这样的方式往往也更能满足客户内心的需求。”杨律师坦言。
但他随之话锋一转：“当然，并非所有律师都愿意积极商谈。从前期谈判阶段就咄咄逼人、气势汹汹的律师也大有人在。当和谈进入僵局、不得不对簿公堂时，我自然也会切换犀利一些的风格，一切靠结果说话。”
能力和人品，缺一不可：文娱法律师不仅要“懂法”，更要懂“游戏规则”
以行业划分律师是近年来法律服务领域的一个趋势，只有真正的专家型律师才能冠以“某某行业律师”这样的头衔。正如前面所提及的，不少律师只懂法律文字，片面追求判决结果，而不熟悉文娱行业的“游戏规则”，并不能真正守护好当事人的利益，也很难被称作合格的文娱行业律师。
甚至还有一些律师在代理案件时会借用当事人的明星光环炒作自己的知名度，频繁在社交媒体上博关注、蹭热度，这种“狐假虎威”的行为不仅不利于争议的解决，有时还会给当事人带来不必要的舆论风险。
“水能载舟亦能覆舟，而流量就是文娱行业的‘水’——有时一条热搜或是一个舆情，就能给当事人带来巨大的影响，因此文娱律师日常一定要低调、谨慎和稳妥。”杨律师打了一个生动形象的比方，“很多同仁并没有意识到娱乐圈客户的特殊性——他们活在聚光灯下，他们的信任往往要靠两个层面的高素质才能赢得，一是专业能力，二是个人人品，两样缺一不可。”
如今，文娱行业已经达成了共识：专业的文娱律师百不得一，是整个行业急需的人才。恰逢中国文娱行业经历了将近两年的低谷期，正在逐渐过渡到下一个蓬勃期，诸多机会蓄势待发，更需要专业的文娱律师保驾护航，杨律师告诉ALB：“很多项目的商业窗口短暂，机会转瞬即逝，因此，在谈判时，相关方都更加需要专业的法律人才来把控合同和项目风险。”
行远自迩，日臻完善：行业蓬勃发展更需要专业助力
杨律师表示，目前很多文娱企业在管理、财务等日常运营方面还处于混乱无序的状态，仅靠一些“行规”，或是大家约定俗成的规则执行和约束，造成了很多历史遗留问题，亟需国家相关部门出台更加明晰、可行的法律法规，帮助行业从“野蛮生长”走向有序的、可持续的发展，在国家法律法规出台之前，专业的法律服务就能帮助企业尽可能的规避这些“历史遗留问题”带来的影响。
“我们的团队为不少企业和公司处理常年法律顾问业务，具有丰富的专业经验，多年如一日地保持着细心、用心的工作习惯。口碑是靠专业能力建立起来的，而保持口碑，甚至不断地刷新自我品牌的高度，则还需要敬业的态度。”杨律师坦言。
对于目前已经取得的成绩，杨律师在对客户感恩、对团队感到自豪之余，依然看到了进一步的发展空间。他说：“未来，我们将致力于为更多的客户提供专业的文娱法服务，获得更广泛的认可。在服务更多客户的同时，为推动行业有序发展贡献力量。”
Game theory for entertainment lawyers: work by the laws, work by the rules: An interview with Hai Run Law Firm's senior partner Yang Shuguang
Entertainment lawyers is a special group in the legal industry.
While normal social media users look at trending topics for gossip in the entertainment industry, lawyers specializing in this field take a very different perspective: spur through the surface and focus on the core of the issue to see how their clients’ interests can be fully safeguarded. This is easier said than done, as the entertainment industry has its complex rules, asking lawyers to not only know all the laws and regulations but also to be familiar with how things work in this industry. To dance on the edge is hard, let alone becoming “the chosen one” by clients. Yang Shuguang, a partner at Hai Run Law Firm, is a winner of “ALB China Client Choice” for this year. This is his fifth time being selected in this ranking. When asked why he could keep clients’ preferences for years, Yang says: “capabilities for their recognition, and loyalty for their trust.”
BECOMING A PROFESSIONAL ENTERTAINMENT LAWYER WHO STANDS IN CLIENTS’ SHOES
In 2014, Yang successfully defended a renowned leading artist agency in a case involving an artist's contract disputes. The case established a precedent. Before that, a lawsuit to end the contract with an agency could be lodged by practically any artist or actor and supported by the court. As a result, artist agencies’ heavy investments in artist training could never see the rewards as the artists might leave easily. Yang’s success in handling the case not only helped the agency get the court’s support, but also had a game-changing impact to China’s show business.
"Since then, agencies are more willing to keep investing in training their artists, while artists would think twice before they want to breach or end the contracts," Yang says.
As a result of his victory in that case, Yang gained a solid reputation in China's show business. In the meantime, the industry became more cognizant of the significance of skilled legal services. Later, Yang assisted his clients, including agencies and artists, in a number of significant instances that garnered media and industry attention. He is renowned for his meticulous attention to detail, outstanding client patience, and thorough understanding of case particulars.
However, just as in many Wuxia or martial arts books, real masters don't strike their swords unless necessary. Despite having a strong track record as a litigator, Yang prefers to settle disputes through mediation.
"Perhaps a lawyer can get higher fees for winning a lawsuit, but in some circumstances, winning a case may be at the cost of losing a client’s face. We don't agree with the idea of thinking about problems based on a lawyer's personal gains. We encourage our lawyers to put ourselves in clients' shoes and give careful and full consideration to their perspectives. Last year, more than one-third of the cases we handled were settled through mediation, and the results were satisfactory to both sides. Solving cases in this way can often better meet the needs of clients," Yang says frankly.
"Of course,” Yang changes his tone subtly, “not all lawyers are eager to negotiate their way to a settlement. Many lawyers are quite combative and aggressive right from the start of a negotiation, making the negotiation hard to proceed and lawsuits come the only choice. When that happens, my handling style will naturally turn sharper and let the lawsuit result tell the true winner.”
KNOWING THE LAWS AND INDUSTRY RULES, HAVING COMPETENCY AND INTEGRITY
In recent years, categorizing lawyers by industry has become a trend in the legal services market, but only truly knowledgeable attorneys may be referred to as "industry-expert lawyers." As was already noted, there are lawyers who only comprehend legal texts and are unaware of the "game rules" of the entertainment business. These lawyers are unable to adequately safeguard the interests of their clients.
Some lawyers even use the fame of their celebrity clients to promote themselves in an effort to gain recognition and popularity in media. This type of behaviour does not assist in the resolution of disputes and sometimes places their clients in needless public relations difficulties.
"Water can carry a boat as well as overturn it. In the entertainment industry, traffic is the 'water' — sometimes a trending topic can have a huge impact on our clients. Therefore, entertainment lawyers must be low-key, cautious, and sensible in their daily job," Yang says. "Many entertainment lawyers fail to realize that show business clients are a special group — they live in the spotlight. The competency and integrity of entertainment lawyers are critical in building rapport with their clients in the entertainment industry."
Since China's entertainment industry has been in a slump for almost two years and is gradually moving into the next boom period, the industry has agreed that it is in need of truly professional entertainment lawyers. "In this sector, many business opportunities go away quickly. Therefore, when negotiating, all parties need competent legal professionals to control contract and project risks," Yang tells ALB.
SOLID FOUNDATION AND CONTINUOUS EFFORTS: CONTRIBUTING TO THE INDUSTRY THRIVING
Yang has observed that many entertainment companies struggle with poor management of both daily operations and financial matters. They operate by a set of "common rules" or adhere to customary practices. As a result, there are numerous issues with its historical legacies. For the entertainment industry to transition from "wild growth" to orderly and sustainable development, the relevant authorities need to develop feasible and transparent laws and regulations urgently. Professional legal services can assist businesses in avoiding the effects of such "historical issues" prior to the introduction of new laws and regulations.
"Our team has advised many entertainment companies over the years. With our extensive experience, professional competence, quality service and dedication, we have built excellent partnerships with our clients," Yang says.
As for the achievements that have been made so far, while being grateful to his clients and proud of his team, Yang sees room for further development. "We are devoted to offering professional entertainment law services to more clients to obtain wider exposure in the industry and serve to promote the orderly growth of the industry," Yang shares with ALB.
