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The California Appellate Court ruled in favor of 18 year-old Craig Traylor’s right to disaffirm his old management contract and the half-million dollar arbitration award that would have zeroed out the young man’s Coogan savings account. The words of the Appellate Judge Kathryn Doi Todd say it all:

“Our difficulty is in understanding how counsel, the arbitrator and the trial court repeatedly and systematically ignored Craig’s interest in this matter. From the time Meshiel signed the agreement [Craig’s mother], her interests were not aligned with Craig’s. That no one---counsel, the arbitrator or the trial court----recognized this conflict and sought appointment of a guardian ad litem for Craig is nothing short of stunning. It is the Court’s responsibility to protect the rights of a minor who is a litigant in court.”

The community of former kid actors, some of whom who have suffered from outrageous court rulings applauds the heroic work of Attorney Robert Pafundi of McCorriston, Miller, Mukai & MacKinnon of Los Angeles. Pafundi, the 4th attorney hired by Craig and his mother, had this to say about the ruling:

“I am thrilled that this panel finally acknowledges the rights of children. The lesson to all Agents and Managers is that you need to have your contracts with minors approved by the Court. It’s a simple, inexpensive and uncomplicated process.”

Readers who are familiar with this issue will recognize that the problem isn’t so much with Agents (who are licensed and bonded by the State) as it is with Managers (who are completely Unregulated). The problem with Managers is what we call “the Deliverables.” What, exactly, is a Managers promising to do for fifteen percent of the child’s gross income?

Baby-sitting is not worth 15%. Sitting back in one’s office and in effect clipping coupons while the child does all the work (and endures the consequences) is not worth 15%. Managers are supposed to be concerned with career advancement and preparation for the next career move…knitting together those strings of contacts and associations that can develop into something more than a commercial here and there or a guest starring role in a minor television series. The Manager cum Parent adds another level of complication entirely.

Professional Managers can be worth their weight in gold…but in an unregulated market any Tom, Dick or Harry can sign up lots of kids then sit back and see who, largely on their own, actually succeeds. It is for this reason that the Los Angeles Superior Court, by far the most familiar judicial entity with this aspect of children’s representation, has made it plain to the Industry that the Court will routinely Void management contracts unless there is unmistakable proof of value received for services rendered.


Good News for "Malcolm" Star

April 3, 2007



 

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