The Lawyer as an International Art Lawyer Featuring Anne-Sophie Nardon

The Lawyer As . . . is an editorial series created to illuminate, explore and applaud the diverse roles lawyers hold from litigator to legislator, from advocate to agent. It is our goal here at the ILN to introduce to you, our readers, legal professionals from varying backgrounds, educations, and career paths from all around the world in an effort to better understand and appreciate the vibrant mosaic of opportunities a career in law has to offer.

The Fall 2024 edition of ILN is proud to shine the spotlight on Anne-Sophie Nardon, our Lawyer as an International Art Lawyer.

We asked Ms. Nardon to kindly provide our readership with answers to the following questions with the hope that her responses will illuminate the life of an International Art Lawyer. Newly minted attorneys are encouraged to lay a solid legal foundation before embarking on a career in the world of International Art Law. The editorial team here at the International Law News join with our esteemed colleagues around the globe in applauding you, Anne-Sophie, as you exemplify the definition of excellence in the practice of law serving France and the global art community.

Q: Ms. Nardon would you please provide a definition/explanation of your role as an International Art Lawyer:

My role as managing partner of Borghese Associés, a boutique law firm specializing in art law, involves offering legal services to various players in the international art market. The firm represents art dealers, galleries and auction houses, as well as institutions like museums or foundations. We also help private clients such as collectors, artists’ estates and heirs in setting up their art collections or preserving their cultural estates. While this economic sector is relatively niche, the legal domains it touches are extensive. My work often involves business law, intellectual property and private law. We also assist our clients before criminal courts, mainly in cases of forgeries and theft.

I have been co-chairing the Art and Cultural Heritage committee of the International Law Section of the ABA, first with Peter Tompa, and then with Betina Schlossberg. I cannot stress enough the importance of developing contacts with colleagues from abroad, especially in this field that is still relatively new. I am also co-chairing the Art Law committee of the Paris Bar.

Q: What is the history of International Art Law?

The role of an art lawyer is relatively recent. If I had been told when I started my career in 1992 that I would become an art lawyer, I would have been at a loss to fully understand the meaning. The reason is that the role of an art lawyer was not really known as such. Art law was mainly handled by intellectual property specialists.

However, since the beginning of the 21st century, the international art market has expanded dramatically, with a corresponding rise in regulations. For a long time, art transactions relied heavily on informal agreements, often sealed with nothing more than a handshake. Since the beginning of the 21^st century, the international art market has expanded dramatically, accompanied by a significant increase in regulations, especially in terms of due diligence. The arrival of new collectors and financiers on the art market has also favored the work of art lawyers to produce legal framework for art transactions.

This has helped me a lot in developing Borghese Associes.

Q: Would you please provide your personal history achieving this role? Anne-Sophie, what is your story? 

I initially pursued studies in American and English civilizations at university before transitioning to law. My aim was to maintain a broad perspective rather than specialize too early. After qualifying as a lawyer, I joined a criminal law firm where I worked with international clients on cases involving white collar crime and international cases. I gained experience in litigation, and in working with colleagues from abroad. In the following years, I met an artist’s heir with whom I started to focus on art related matters, including cases of theft and forgery. In 2009, I co-founded Borghese Associes, a boutique law firm specializing in art law. I have been working ever since in that field, both as counsel and as a litigator. 

Q: Where are you based, what is your geographic location?

I am based in Paris, France. Art law being mainly an international field, I regularly travel to other cities in Europe and in the U.S.

Q: How difficult was it to transition into your present role in International Art Law?

Establishing a law practice dedicated to the art market was a significant leap of faith. We were definitely helped by the incredible growth of that global market that grew by 456 % between 1997 and 2017, according to the founder of the platform ArtPrice. Entering into my present role was done step by step, building relationships with clients and colleagues, but mostly staying curious about what was happening in that field of law. Writing and participating as a speaker or attendee at numerous international conferences has certainly been a plus.

Q: How long have you been an International Art Lawyer?

I have been working as an art lawyer for more than 15 years.

Q: On a scale of 1-10, 1 being easiest and 10 being most difficult, how would you rate the difficulty of your workload?

I often have the feeling that my workload is 10, but that paradoxically, I do not have enough time to work. Managing a boutique law firm means that you have to work toward developing the business, as well as working on the cases, so the work itself is very varied. I am paying attention to maintaining a balance, repeating myself that the workload is really what you give yourself, but it is not that easy. The hardest is to learn to delegate and find the good people to work with.

Q: Are there any additional licenses or certification required?

No additional licenses are needed, and more to the point, there is no requirement to be an art historian or an art specialist. Clients are usually much more knowledgeable, and do not come to you to listen to a lesson on Léonard de Vinci or the future of modern art. It is, however, advisable to read the art market press and follow the news. One certification that I feel is important to have is that of Mediator. Alternative methods of dispute resolution are favored by justice systems, especially in Europe, and knowing your way around is an undeniable asset. 

Q.    How does the pay scale compare to that of other legal roles? 

Pay scale is fair as compared to other legal roles.

Q.    What is the competitiveness like in this role? Is this even a factor? 

As art lawyers are not that common, there is a fairly strong yet healthy competitiveness. Conflicts of interests are to be carefully checked, as it is a small world.

Q.    What is your overall career satisfaction in this role?

I am grateful we managed to develop the business and keep it fun and interesting over the years.

Q: How would you describe your work / life balance? Is there any?

That is the real challenge, but manageable.

Finally: What advice would you offer for someone interested in this area of law?

My advice would be to gather as much experience as possible in other more traditional areas of law, and maybe not start right away as a lawyer in this field. The most important word in “art lawyer” is lawyer. This is what we need to focus on.