“Stargate: Atlantis” star Joe Flanigan, who plays Lt. Col. John Sheppard on the series, is being sued by the UTA agency, according to The Hollywood Reporter.
UTA is the same agency that recently won its $1.7 million default judgment against actor Wesley Snipes for unpaid commissions, which added to Snipes’ already growing financial problems involving the IRS claim that he failed to pay income taxes.
Lawyers for UTA filed suit this week against Flanigan in the L.A. Superior Court. The suit makes the claim that he owes the famous talent agency $99,225 in commissions.
What makes the suit a little tricky is the claim by UTA that Flanigan entered into a verbal contract with them nearly 10 years ago in 1998, and at that time, agreed to pay 10% commissions on any projects he would be involved in. He has paid for seasons one through three but has yet to cough up his 10% for the new season of “Atlantis,” which debuts this Friday on the SCI FI Channel.
UTA is also seeking 10% of Flanigan’s earnings for the planned upcoming seasons five and six.
Flanigan and his manager, John Carrabino are stupefied by UTA’s lawsuit. “I had no idea they did this,” voiced Carrabino in a public statement for Flanigan. “This is the first time I’m hearing about this.”
A verbal contract 10 years ago and they’re still trying to pick his pocket?
I’d just use the old liar-liar-pants-on-fire defense. Its a verbal contract for crying out loud. Since when is that binding??
Bah.
Careful – verbal contracts are very binding – if you have a good enough rottweiler of a lwayer to drive it home. Seeing as he paid for S1 and S2 there has to be something to it 🙂
So how do you end a verbal contract like this one? It certainly sounds as though he is trapped for life, unless he changes his profession.
I suppose he could also use the excuse that the verbal agreement was limited to those seasons he has already paid for. Surely there has to be a time frame on every contract.
You nailed it on the head. If you left yourself enough room you could also end the agreement verbally but if you said something to the effect :
“If you get me that role in SG-1 Atlantis then I will give you 10% of my wages while I star in it”
Then I think you would be screwed. The fact he has paid it in the past to me says there is more to it.
I ain’t a lawyer – get one 🙂
E.
Skip this if, like most people, legal discussion bores the heck out of you.
You can end a contract like this just like any other one. Obviously I don’t know exactly what the terms were here (and Sam, you mean “oral,” not “verbal”–written contracts are also verbal in that they use words), but assuming the deal is “I give you 10% of the gross pay of whatever work you get me,” the contract could typically be ended by paying 10% of the earnings on the work they got you and not taking any more jobs they try to hook you up with. In reality it’s somewhere between a little and a lot more complex. Contracts never last forever unless both parties want them to–if the deal was “I will give you 10% of everything I ever make in show business and will never work with any agent but you,” there’s a darn good chance a court would not uphold it (but it would imply a “reasonable” time period, the length of which would vary by jurisdiction, court, type of contract, and specific facts).
I am a lawyer, but I’m not giving Joe Flanigan or anyone else any advice. Just sounded like someone might be interested.
The trouble for Joe (and trust me, I love him as much as anyone) is that once he has already paid money pursuant to a contract (verbal or otherwise) it effectively validates it.
[Contracts 101: A contract involves the exchange an exchange of money.]
Regrettably for Joe, therefore, it appears that UTA may have a strong case. A lot of it will depend on case law in California, as State law there will drive the decision. There is almost certainly no new law here to be made.
Let’s see how it plays out. It is likely that the case would never come to court, but if he has a good lawyer (and he can afford one), they should settle.
Trip said on October 6th, 2007 3:10 am:
> Skip this if, like most people, legal discussion bores the heck out of you.
No, I’m in it for the legal discussion. Thank you Trip!