Legal Question in Business Law in New Mexico

Re: Unpaid Artwork

Unless the gallery has a story of their own to tell, this macks more of fraud or theft than a mere contract dispute. The question is directed to California attorneys, perhaps because you live in California, but you need to have an investigation done in Santa Fe and probably a referral to a Santa Fe attorney.

I am a California attorney, but I have a business interest in Santa Fe and have lived there. If you wish, I can give you a referral to a local attorney who should be able to do a good job for you.

This reminds me of a New York case, In re Rothko, in which a gallery systematically ripped off the estate of Mark Rothko. They got caught and severely penalized.

Re: Unpaid Artwork

Your attorney should first write a demand letter to recover your commission. If the gallery does not respond, he should file a lawsuit. After the lawsuit is filed, you may obtain all relevant information through the "discovery" process.

Let me know if I can be of assistance.

D. Alexander Floum is an experienced attorney and teaches litigation techniques to both practicing lawyers and law school students.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.

Re: Unpaid Artwork

You have a breach of contract problem, which is compounded by your living out of state. You need to have the gallery investigated to see if there is some reason they are dealing with you this way, or if it is their standard way of dealing and others have been similarly cheated. We do such work in Santa Fe and you may call us at 1-800-858-3636 if you wish to discuss the matter further.