By Kimberly Babin
Law in general, is not only derivative of ethics, but also necessitates ethical consideration and conduct in its practice.[1] Art law is not immune to that need. In fact, art law comes with complexities and an array of unique issues surrounding artist-attorney and, artist-dealer relationships, artist rights, intellectual property, estate planning, fiduciary duties, contracts, copyright, trademark, taxes, global transactions, and other areas that often necessitate a deeper and further contemplation on ethics for art attorneys. Often referred to as the concept of legal ethics, these considerations can be written, unwritten, informal or formal, or even codified into rules which govern or guide the behavior of legal professionals including attorneys and judges.[2]
Given the distinct and specialized realm of art law, it comes as no surprise that this profession frequently confronts distinctive ethical and legal inquiries. For instance, should an art attorney, engaged with individuals in the art market, be permitted to receive artwork as compensation for their legal services? When is it obligatory for an attorney to reveal potential conflicts of interest when representing artists, museums, or galleries? How does an art attorney effectively navigate the intricacies of legal ethics in the expansive global art market? This article aims to explore the intricate ethical dilemmas and considerations that art attorneys encounter while serving a diverse array of art market stakeholders.
The Importance of Legal Ethics
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