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Lot #9029
Beatles and NEMS Enterprises 'Opinion' Document (1963) -From the Estate of Brian Epstein

A 1963 legal opinion sent to Brian Epstein on the Beatles: "It would seem self-defeating for members of the group to attempt to break away"

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Estimate: $1000+
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Description

A 1963 legal opinion sent to Brian Epstein on the Beatles: "It would seem self-defeating for members of the group to attempt to break away"

Historically important document entitled “NEMS Enterprises LTD and ‘The Beatles,’ Opinion,” six pages, 8 x 10, September 26, 1963. An official contract opinion that was prepared for Brian Epstein by his solicitor, David Harris of Silverman, Livermore & Co., and then analyzed by a barrister-at-law named Henry Lachs, who has signed at the conclusion. The packet relates to the management contract between the Beatles and NEMS Enterprises Ltd., which was signed on October 1, 1962, with particular emphasis given to George Harrison and Paul McCartney, who, at the time, were deemed infants (aged 21 or under) in the eyes of the law. The final paragraph reads: “This comment can be added finally: although it is not impossible or without precedent for members of a successful group to break away and achieve success in their own right, it would seem self-defeating for members of the group to attempt to break away as long as the adult members are and remain bound by the Contract.” In fine condition.

Accompanied by a certificate of authenticity from Tracks and by a printed email from Beatles historian Mark Lewisohn, who offers the following thoughts on why this legal opinion may have been commissioned by Brian Epstein: “What’s clear is that during September 1963 - for reasons we don’t know for certain and probably never will - Brian Epstein was prompted to seek reassurance about the tightness of his management contract with The Beatles, specifically with regard to those deemed infants in the eyes of the law, Paul and George. He asked his solicitor - David Harris of Silverman, Livermore & Co - to have it analyzed by Counsel, a barrister-at-law, a man named Henry Lachs, and this document is that man’s Opinion. I know from having discussed it with David Harris that Brian was reassured by what he read, and consequently, no further action was taken. Feeling more comfortable with the situation, Brian left it there - rightly, as it turned out since it never became an issue.”

Provenance: from the estate of Brian Epstein.

Auction Info

  • Auction Title: Marvels of Modern Music
  • Dates: #679 - Ended December 14, 2023