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Speak to Solos and Be Curious: Marilyn Haft on Paving Her Own Path

ATL_Haft_HeadshotMeet trailblazer Marilyn Haft and learn about her path to entertainment law—a long-winding trail that led her first to the United Nations, the ACLU, and even the White House. Here, she shares stories from her ACLU days and provides tips on starting a solo practice and maintaining success over the long term.

Catch Marilyn in action by watching her top-rated CLE program Business and Legal Issues in Independent Feature Film Financing, Production, and Distribution.

What made you decide to practice law, and more specifically, entertainment law?

When I was 6 years old, my entire school was called down to the auditorium and shown a Holocaust film. I thought to myself, “I’m never going to let that happen to anyone ever again.” When I was 9 years old, I visited the United Nations on a school trip, and I learned that people seemed to listen to lawyers. I decided I was going to become a lawyer and go to the U.N. and tell people to stop killing one another. I became a lawyer with the American Civil Liberties Union (ACLU) and then worked in the White House as a lawyer, which included work in human rights and the arts. I then moved to the U.N. as a U.S. representative to the United Nations. Meanwhile, the other passion I had was film, so when the political appointments were all over, including at the U.N., I transitioned to a new field. With help from studio heads I met while in the White House, I entered the film and television business as an entertainment lawyer.

Why did you decide to go solo? How did you know that was the direction you wanted to go in?

I decided to go solo because the law firm I was partner at was not an entertainment firm. Though they were very supportive, I was doing most of the entertainment work on my own. I also had separate business opportunities that would have conflicted with the other areas of practice in the firm, so I decided it would be best to go out on my own.

What challenges have you faced, if any, in building your own practice?  

Thankfully, I had a number of long-time clients and referrals, so my business was ongoing from the beginning. The challenges, if any, are occasionally technical—but are usually resolved with the help of outside IT people I have on call.

What has been your favorite experience in the courtroom/as a lawyer?

I presently am not a litigator. The last time I litigated was when I was at the ACLU, leading the first sexual privacy project. In that capacity, I did some of the first gay rights cases and attempts at decriminalization of prostitution at the urging of then-General ACLU Counsel Ruth Bader Ginsburg. She created the Women’s Rights Project at the ACLU. Those cases were pretty extraordinary, and at times the interaction with the court was quite humorous. The funniest was when I was trying to challenge the constitutionality of the prostitution laws by showing that the laws were unequally enforced against the prostitutes rather than the johns. The prostitute, my client, was solicited by an undercover cop by asking, “How much for a piece of ass?” She was arrested when she responded with an amount. It was a media circus, and the judge was tiring of all the ruckus over what was meant to be a simple criminal case and was about to bang down the gavel finding my client guilty. I wanted to get into the record, for purposes of appeal, that it was entrapment amongst other things—and I raised my hand and basically yelled, “But Your Honor—what about the piece of ass?” I was not trying to be funny; I just wanted the objection in the record. The press went crazy, and a drawing of me with my hand up and my quote was all over the headlines of the newspapers in Albuquerque, New Mexico, where I was trying the case with local counsel.

What advice would you give to other attorneys interested in starting their own practice?

Speak to other people who have opened a solo practice in your area, network with them, and perhaps try to share office space with them. I also recommend seeking second- and third-year student interns from the local law school who demonstrate an interest in your area of law.

What is one attribute/skill that you think is necessary to be a solo practitioner?  

There are so many things—obviously being organized, not being a procrastinator, loving what you do, having a network of other lawyers and professionals who you can reach out to if you happen upon an area you are not familiar with, and curiosity about new developments in your field.

Why do you teach CLE programs?

I enjoy sharing my knowledge with others and especially younger people. Teaching CLE courses also keeps me on my toes because it forces me to keep up to date on the law and new business developments in my area of the law, which is always and rapidly changing.

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