Interview with Cliff Fluet, Lewis Silkin LLP, for Law and More- Lawyer of the Month...

How did you first get into media law and what is your advice for those wishing to specialize in this sector?

Originally I qualified as a commercial property lawyer, convinced that my idle dream of doing media law wouldn’t happen. The opportunity came up quite by chance, I seized it and my demonstrable interest came through. In short, my advice is anyone can say they want something, but you have to be able to show it and prove it. One thing I’m certain of is you can’t fake it – being half-interested or the pursuit of a glamorous life alone just won’t swing it.   

What has been the most exciting case that you have worked on?

Too many to mention; I’ve met my idols, sued some of them, stood on stage in front over 100,000 people … it is and has been a privilege to have had the fun I’ve had!

Given the turmoil of the world of media and the vast array of new technologies and opportunities, I think “the next thing” is always the most exciting. The work I’m doing now in the world of mobile and brands has to be amongst the most exciting simply because it’s never been done before. 

What are the key skills or interests a lawyer should possess when entering media law?

The consummate media lawyer should be serious about what they do, but not take themselves too seriously. They should be unflappable in the face of chaos and creative in the face of creativity. Too many lawyers remain entrenched in precedents and what has gone before. Media lawyers now have to take their clients to the next level and not hold them back.

How does it differ from other branches of law? Is it more relaxed and, dare we say, ‘funky’?! 

The subject matter certainly is – ahem – “funky”; it’s music, film and names you’ve heard of. However, the work is deadly serious. Any media lawyer trying to “out-cool” their client always gets unstuck. The minutiae, particularly in respect of rights, payments and responsibility can be as fiddly and important as any banking or corporate transaction.   

What does your typical day look like?

It may sound a cliché, but there’s no such thing in my practice, and just the same when I was at Warner Music and Capital Radio. The nature of the beast means it’s fast, frenetic and never boring. If there ever was “a typical day” I’d hang up my red pen and do something less boring instead.

As you specialise in a very ‘youth’ orientated market do you feel that you have had to constantly metamorphose as a lawyer as, ultimately, you have to be ‘on the ball’ with emerging trends and predict future developments on various media platforms?

Absolutely – I’ve always loved gadgets and new ways of doing things, but also trying to figure out what the forces are driving change. However, the changes in media are as much about business models as technology; as much about social interaction, attitudes and connection as the growth in platforms and media. This is why some work brilliantly and some fail miserably. As I’ve always said to young media lawyers is that a good lawyer spots things happening, but a great lawyer knows why its happening. If you understand those drivers of change, you’re ahead of the game.

What has been your most challenging day as a lawyer?

Avoiding all temptation to say “tomorrow”, I think being told in my second day at Capital Radio that I had been summoned to the Old Bailey to explain why we shouldn’t face prosecution for contempt of court was fairly “challenging”.

What is your ‘More’ to law (e.g. What do you love doing when you are not at work! You must get an awful lot of free gigs and other freebies thrown at you! )

Having young kids means I can’t go to as many gigs, showcases or festivals as I used to … we are lucky enough to get some great opportunities with our clients to do a lot of fun things. People in the media are creative, fun and most of all passionate about what they do in the way few professionals in other sectors are. So if you can join them at a gig, party or on set and give you the chance to show you what they do best, you’d be mad not take part.

Thanks Cliff!

For more information on Lewis Silkin visit: www.lewissilkin.com

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