‘The Boutique Lawyer Show’ Podcast: Alana Kushnir on Creating Success in a Niche Market

Guest Work Agency director Alana Kushnir has been interviewed on ‘The Boutique Lawyer Show’.

Guest Work Agency founder and director Alana Kushnir has featured as a guest on an episode of the Lawyer’s Weekly podcast ‘The Boutique Lawyer Show’.

In the interview, she spoke with podcast host, Jerome Doraisamy, about establishing a niche legal practice, the COVID-19 pandemic’s effect on the arts sector and how boutique lawyers can build a practice in an area they are passionate about.

Alana’s interview was also followed by a more in-depth Lawyers Weekly article about legal trends and opportunities in the NFT space.

How Alana established a dedicated art law and advisory firm

Alana told Jerome she was always extremely passionate about art and couldn’t imagine “having a career that did not involve art in some capacity”. After school, however, she also loved the idea of a structured corporate role, so she decided to pursue a career in the law. Following her law degree, Alana worked at a top tier commercial law firm, where she had the opportunity to advise big brands on creative legal issues such as intellectual property in marketing and advertising.

She went on to complete studies in art curation in London and throughout her curatorial work, she found that her clients were always interested in her legal expertise and - as Alana describes it - “how the law can underpin and better support creative practice”.

Art and legal education key to building a niche art law practice

Guest Work Agency evolved naturally and was shaped by Alana’s legal background combined with her passion for the arts sector and understanding of how to work with creatives.

In the early days of Guest Work Agency, Alana was also a sessional lecturer at Melbourne University, teaching both the art and law faculties. She told Jerome that these educational roles were “important foundation stones for building Guest Work Agency” as she is regularly involved in educating artists and galleries on legal issues.

Alana Kushnir photographed by Justin Ridler.

Perceptions of lawyers in the art community in Australia and internationally

On the podcast, Alana described how lawyers are perceived in the art community, telling Jerome that there is a common misconception that lawyers should only be called in when a dispute arises, rather than for ongoing advisory work.

She said that Guest Work Agency regularly works with artists and gallerists on proactive legal work, which makes it “quite a novel practice in this space in Australia” and that the advisory arm of the business has meant she has a greater understanding of her clients’ needs, concerns and interests.

Guest Work Agency evolved naturally and was shaped by Alana’s legal background combined with her passion for the arts sector and understanding of how to work with creatives.

COVID-19 pandemic and its effect on the arts sector

Alana told Jerome about how the last two years have impacted the arts sector: “The pandemic and the lockdowns have had a huge impact on artists, arts workers and arts organisations, and I think we’ll only see that impact over the next few years.” She said that although selling art is important, artists also need to be able to publicly display their art, which has been difficult as a result of multiple lockdowns, especially in Melbourne.

In terms of legal issues arising from the pandemic, Alana said that taking into account COVID-19 restrictions has been important when reviewing contracts and has involved “systematically building in force majeure clauses that were designed to capture COVID and put in a plan of how the parties were going to deal with an unexpected lockdown (for example)”. Other legal issues facing clients have been how payment terms are structured, particularly for in-person events such as art fairs.

Art law work in a post pandemic world

Alana noted that on a positive note for Guest Work Agency, the legal practice has grown as art industry participants have had more time to reflect and work on their businesses. This has led to clients taking a more proactive approach and seeking out the advisory services that Guest Work Agency provides. Examples include artists considering ways to diversify their income streams, reviewing their licensing arrangements and looking at estate planning.

Listen to the podcast

You can listen to the full podcast episode below.

Guest Work Agency is a boutique art law and advisory firm based in Melbourne, but international in reach. It is the first dedicated art law practice in Australia, working with artists, collectors, galleries, arts organisations, art fairs and art tech start-ups.

For more information contact us at info@guestworkagency.art.

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