Art Law: In conversation with Fred Clark
Meet Fred Clark, Associate at Boodle Hatfield LLP, and get to know his take on the world of art and law.
“A big misconception is that people think it is a separate area of law; it is not.” — Fred Clark
To start off, tell us a little bit about yourself! Where do you come from? Please, also tell us about your academic and professional background and your interests.
Where to start … I grew up in a remote and rural part of Essex, although most people don’t believe me when I tell them this as I do not fit your typical Essex stereotype — I have never been to the Sugar Hut (although secretly would quite like to go!). I moved to London for my undergrad where I studied human geography at UCL. I followed this up with a two year law conversion before training and qualifying as a solicitor at Boodle Hatfield LLP. Interests wise, when in London I try to be active and catch as many exhibitions and cultural events as I can. Outside of London, I try to take regular trips to the mountains, the coast, national parks, that sort of thing.
What do you love the most about your job?
As a commercial and art lawyer, I get the chance to be part of so many exciting projects. It is also very rewarding to work with clients to help them solve problems and achieve their aims. Knowing people in the art world gets me to plenty of events that otherwise, I probably wouldn’t know much about, so this is a plus.
Where does your passion for art come from?
Contemporary art used to confuse me. I did not study art history and felt in the dark, so I embarked on a sort of quest to try to work out why this style of art had developed in recent times. This led me to a short summer course at the Slade which opened my eyes, not only to contemporary art, but to the previous art history canons it seeks to critique. Since then I have engaged with all forms of art, old and new, and continue to find trying to unpack art history an immensely enjoyable experience.
“In today’s art world, most conversations tends to focus on what is hot (and what is not) from a price perspective. There should be more conversations focussing on the artists and what their work represents rather than focussing purely on monetary value and marketability.”
— Fred Clark
What is the biggest/most spread misconception about art law?
A big misconception is that people think it is a separate area of law; it is not. The subject matter is art focussed, but legally it requires an understanding of legal principles that are wide ranging: contract, tort, agency, bailment and so on. It can be glitzy but you have to know the fundamentals to be able to advise, as well as having a sound commercial understanding of the art market and your client’s emotions.
What do you think we should talk more about in the art world?
In today’s art world, most conversations tends to focus on what is hot (and what is not) from a price perspective. There should be more conversations focussing on the artists and what their work represents rather than focussing purely on monetary value and marketability. Is there any value in the “emotional dividend” you get by appreciating art in ways that do not just focus on value? I would say yes.
What would be your top best advice for an aspiring art specialised solicitor/ legal advisor?
Get yourself into a firm which is known for advising art clients. Most firms are not looking for an art lawyer when recruiting, but want someone who is interested in all areas, so bear this mind when applying for jobs otherwise you might find you don’t fit what they are looking for and won’t get the chance to work with art clients once you are through the door.
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