Strick’s case should serve as cautionary tale for photographers entering into agreements with corporations that insist that disputes be settled by private arbitrators rather than a court of law. “I am devastated by today’s ruling by Judge Lichtman, our JAMS arbitrator, and feel that I have truly been denied ‘my day in court’ as the merits of this case have yet to be heard,” Strick said in a statement issued following the arbitrator’s ruling.

via PDN Online.

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7 Comments

  1. Another case of Goliath stomping on David… like we should be surprised at all anymore.

  2. …and after recent SCOTUS decision on arbitration every corp is putting it in their contracts. jg is correct.

  3. Some of the fault lies with Mr. Strick here. He should have read the agreement or at last have a competent attorney review it. The arbitrator had no choice but to decide how he did: he simply enforced the terms of the contract both parties signed. Just like photographers criticize folks who hire amateurs to do professionals’ work (Uncle Jake photographing the wedding, for example), photographers need to hire competent professionals to do what they do best (in this case an attorney).
    However, in this case Strick did hire a lawyer to represent him after the breach of contract, and the attorney failed to file Mr. Strick’s arbitration claim within 90 days of the original formal complaint with Times. Mr. Strick might therefore have a legal malpractice claim agains his attorney (and that’s why I wrote that photographers need to hire “competent” professionals when they need legal help).

  4. It’s easy to say “he shouldn’t have signed that” but I’ve had more than once situation where a client basically told me “any photographer who doesn’t sign our agreement as it is now will not be working with us”…. yes, find better clients, I know, but the hardball is something that’s easier talked about than actually lived….

    • agree- somebody else will sign- it’s not like there’s a great disparity between talent. Unless there really is and the creative input form photographer is critical.

  5. I strongly disagree with the assumption in this article that Mr. Strick lost the right to have his day in court. “Having one’s day in court,” in the sense that most people mean it is a case of “be careful what you wish for.” As a lawyer, a mediator, an arbitrator and a photographer, I can tell you that individuals can fare better in arbitration WHEN they learn the system and get help when they don’t understand. JAMS, while there are certainly issues with it, is composed mostly of retired judges. They know the rules of evidence and will apply the law. You MUST take the time to disqualify arbitrators you feel are not likely to be fair. You HAVE to prepare your case carefully,–just as you would in court. Arbitrators give their full attention,–you’re not going to get a case continued because a criminal docket took priority that day. They are paid to be fully present and you can file briefs, compel discovery and make motions as needed. There ARE ways of appealing an arbitration, but just like in court, it’s not easy to overturn a decision if you don’t present your case properly to begin with. Learn about arbitration, –don’t just buy the party line that being in court is the best solution to a dispute. It rarely is.


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