Youngstown Daily Legal News

Starving artists feast on pro bono services

TIFFANY L. PARKS
Special to the Legal News
Published: January 25, 2013

They aren’t called “starving artists” as an oxymoron and that’s why the Columbus Bar Association has become involved with the Central Ohio arts community.

The CBA, in collaboration with the Greater Columbus Arts Council and Capital University Law School, has established a program to provide pro bono legal services to local artists and arts organizations.

The GCAC/CBA Arts Legal Assistance Program is available for arts-related issues based on CBA-defined areas of legal support, such as contracts, copyright and trademark issues, business structure matters and lease agreements.

“We are helping emerging artists,” said Marion Smithberger, Columbus Bar Foundation executive director. “This is truly for those just starting out. We want to help people who are not in a position to (afford legal counsel).”

A GCAC statement said the venture targets individual arts and smaller arts groups.

“As an initial guideline this would include arts organizations with annual budgets of less than $200,000,” GCAC officials wrote.

In an effort to have the program reach a broad group, eligible artists and organizations are limited to obtaining pro bono services twice in a 12-month period.

Ruby Harper, GCAC grants and services director, said the council has been pleased to work with the Columbus Bar to help local artists.

“To be able to match resources to need is part of what we are here to do and this partnership really works well on both sides,” she said.

“It helps artists and small arts organizations that lack resources and access to quality legal services, while giving attorneys first-hand knowledge of the workings of business in the nonprofit creative sector.”

Eric R. McLoughlin, staff attorney with the Capital Law Small Business Clinic, promoted the GCAC/CBA legal assistance program in the Winter 2013 edition of Columbus Bar Lawyers Quarterly.

“It’s not unusual for local artists and arts organizations to struggle finding money to pay for rent and utilities, much less legal assistance,” he wrote, adding that the creation of the legal assistance program was led by Jason Beehler of Taft Stettinius & Hollister LLP.

Beehler, who worked for GCAC prior to attending law school, was unavailable for immediate comment.

“The GCAC gave him unique insights into the legal needs of local artists and a realization that often those needs were unmet due to many artists’ inability to afford legal counsel,” McLoughlin wrote.

Capital Law’s SBC, which offers law students the opportunity to work with real clients on transactional matters, has had referrals from the GCAC/CBA partnership.

“The Children Shall Lead Them Productions operates a performing arts program for local youths. The program uses the power of the arts to cultivate self-esteem, image and awareness in local children through their participation in the organization’s theatrical performances,” McLoughlin wrote, noting that the SBC helped the organization’s founder form an Ohio nonprofit corporation and an IRS application for tax-exempt status.

The SBC also helped a local illustrator, who maintains a clip art website that offers free artwork for teachers, draft standard client contracts and stop unauthorized reproduction of his artwork on a competing site.

Depending on the legal matter, Harper said, the program can have “tremendous cost-saving” benefits for artists.

“For instance, an arts organization can use the program to help them prepare the paperwork to file for their nonprofit status which can be several hours of work,” she said.

“And since participants can use the program twice a year, that also adds to the savings. It is also a learning opportunity for the volunteer attorneys who, in most cases, are working with more traditional clients. The CBA is so responsive to requests that sometimes there are two or three volunteer attorneys interested in working on a project.”

Smithberger and Harper both said initial feedback to the program has been positive.

“The attorneys really enjoy working with artists and the arts organizations and the artists and nonprofits really appreciate having this program available to them,” she said.

“Sometimes, it just is helpful for the artists to have an attorney to bounce an issue off of and receive guidance on how to proceed, even if it isn’t always within the program guidelines. The attorneys try to be as helpful as possible.”

Harper said both the GCAC and the CBA are confident the initiative will continue to grow.

Applications for the legal assistance program are accepted on a continual basis.

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