Jessica Franses > The 36 Group > London, England > Barrister Profile

Jessica Franses

Work Department

36 Commercial

Position

Jessica Franses is a commercial lawyer who spends most of her art law practice advising and assisting on high value sales transactions, involving Fine Art, Contemporary Art and Classic or Historic cars. Jessica in particular, deals with private collections in the UK and internationally.

Jessica advises and assists art galleries, dealers, agents, collectors, art buyers, art sellers, international lawyers, professional advisers, museums, artists, photographers, designers and filmmakers.

Her work involves:

• Contract drafting (from sales contracts, agent agreements, artist–agent agreements to exhibition loan agreements);
• Advising and negotiating transactions;
• Advice on provenance, good title and due diligence; and
• Litigation advice.

As a sector based lawyer Jessica has had wide exposure and experience with the main issues that arise in art sales involving Fine Art: from problems with provenance and due diligence, problems at auction, title issues, cultural heritage issues, restitution issues, national treasure laws, export and import licence issues, negligence, misrepresentation or negligent misstatement by experts, dealers and auctioneers, fraud and fakes, wills, trusts and tax issues.

On the Contemporary Art side, she reviews and drafts artist–agent agreements, artist commission agreements, exhibition loan agreements, assists artists and galleries with IP & copyright issues, Artist Resale Rights, publishing and licensing agreements for artwork prints, reproductions and showcasing art on websites. She also advises on issues concerning the specifications of the artworks, such as longevity and durability of the art and also issues concerning insurance claims for loaned or transported artworks that may be lost or damaged in transit, storage or through display in inappropriate climatic conditions.

She works with a small Specialist Art Law Team and also brings in other relevant experts or professional advisers, such as tax law specialists, accountants, valuers, appraisers, art dealers, art historians, forensic scientists and shippers to ensure her clients receive specialist advice.

Jessica writes her own art law blog – www.jessicafranses.com.

Career

Called 2000; Gray’s Inn. Commenced pupillage at Dyers Chambers 2001; tenant Aldbury Chambers 2002; 10 King’s Bench Walk 2006; 36 Bedford Row 2010.

Languages

English

Memberships

Professional Advisers to the International Art Market PAIAM; member of Art Resolve, UK Arts Mediation Group.

Education

University of Newcastle-upon-Tyne (1998 BA Hons Politics 2(:1)); Westminster University (1999 Diploma in Law); Inns of Court School of Law (2000 Bar Vocational Course). Outdoor clerking work (Autumn 2000-February 2001).

Leisure

Art, visiting Italy, travel and yoga.