Most aspiring filmmakers know that at some point, if they are going to get serious about producing a film that has the potential to succeed commercially, they will need to work with attorneys to make sure that the legal affairs of their project are properly handled. So the question of when to engage an attorney comes up often, and is generally followed with the question of how to use an attorney on a film project.

Here are a few tips to help you navigate the legal landscape of independent filmmaking:

• Find an attorney that has experience in the industry. Like most industries, the film business has its own language, customs and practices. It helps immensely to work with counsel that knows the business. Entertainment specialists are more likely to help you make connections to cast, crew, financing and other components that may be valuable to your project. Experienced attorneys also tend to work more efficiently, and so while their hourly rate may seem high, they spend less time billing your file.

• Find an attorney early in the process. Most entertainment attorneys understand that independent filmmakers are not flush with cash when they set out to produce a film, especially if the project is the producer’s first. Don’t let legal fees scare you away from talking to an attorney. Most lawyers don’t charge for your initial meeting with them, so sit down with a prospective attorney and tell them about your project, and talk about what you think you need from your counsel.

• Use an attorney you like. Filmmaking can be stressful, and when it comes to attorneys, there really is no reason to work with someone you do not get along with. Lawyers realize that you have a lot of options when it comes to getting representation, so when choosing an attorney, pick one that you like—it can foster an easier working relationship and make you life less stressful.

• Do you need production or financing legal? There are two general categories of work done by film attorneys: production and financing legal. This is a bit oversimplified since there are lots of subsets and specialties within those divisions, but you can group the bundle of legal transaction services into production-related contracts and financing contracts. On low-budget projects, one attorney can generally handle both your production and your financing legal, but it is important to verify that the lawyer or firm you are working with can do both if you need them for both.

• Remember intellectual property. If your film project begins at the beginning, it starts with a script. You will want your attorney to review your script to make sure that you aren’t violating the rights of any third parties in the script. If you are going to insure your production, your insurance carrier is also going to want to be in touch with your attorney on this point, so make sure you cover intellectual property issues.

• Beware the securities laws! Finding financing for a independent film is the single biggest challenge most filmmakers face. The practice of offering potential investors a financial stake in your film is regulated by state and federal securities laws, and the penalties for violating those laws are often severe, and include criminal charges. If you need to raise financing, talk to a lawyer first.

The right attorney can make a big difference in the success of your independent film, and thoughtful utilization of legal services can get you a big return on the budget line item for legal. Be open and honest in approaching an attorney with your project, and get the help you need to get your film made.

- Joe Voss is an Entertainment Lawyer at Clark Hill PLC. For more information, check out his profile here.