The Rust movie set incident was a tragedy no one saw coming. On October 21, 2021, a prop gun, held by Alec Baldwin, fired a live round, killing cinematographer Halyna Hutchins and injuring director Joel Souza. The fatal event shocked the entertainment world and raised burning questions: Who is responsible? Could the tragedy have been avoided? One question that lingers in the aftermath is: What if a lawyer had been present on set? Could legal oversight have changed the outcome?

Lawyers aren’t typically part of the on-set crew—especially in indie productions—but in a case like Rust, would their involvement have made a difference? Let’s dive into how having legal oversight during production might have prevented this catastrophe and whether this could be the future for high-risk productions.

The Rust Shooting: A Quick Breakdown

To understand the gravity of the incident, let’s recap. Baldwin was handed a gun that was deemed “cold” (i.e., safe and unloaded) by the first assistant director (AD), who had received it from the armorer, responsible for the safe handling of all weapons on set. But things went terribly wrong. The gun had a live round, which discharged during a rehearsal, tragically ending Hutchins’ life.

The shooting revealed that the chain of custody of the gun—from armorer to AD to actor—was mishandled, leaving a gaping hole in safety protocols. Would better documentation or legal oversight have caught the error before tragedy struck?

The Role of a Lawyer on Set: Would It Have Helped?

Here’s where things get interesting. While lawyers are usually not present during filming, production lawyers often handle the legal side of things before or after production. They help with contracts, intellectual property issues, and talent agreements. But in a case like Rust, could their presence on set have tightened safety procedures? Possibly. Here’s how:

1. Safety Protocol Reinforcement

A lawyer who understands union and guild safety regulations—particularly SAG-AFTRA’s rules—might have insisted on additional safety measures. Instead of trusting word-of-mouth confirmation that the gun was “cold,” a lawyer could have demanded stricter, legally enforceable procedures for verifying weapon safety. Paper trails matter.

2. Liability and Risk Management

Production lawyers know risk. Had one been present, they might have flagged the danger of relying solely on the AD’s confirmation. Legal counsel would likely have insisted on multiple people (not just the AD) verifying the safety of the firearm, creating a clear, legally enforceable chain of accountability.

3. Insurance and Contracts

Lawyers ensure that insurance policies and contracts are airtight, particularly when dangerous props like firearms are involved. Had a lawyer been on set, they could have made sure that the production’s insurance policies were compliant with all safety standards, ensuring every cast and crew member understood their role in maintaining safety.

4. State Law Compliance

Rust was filmed in New Mexico, and while Hollywood productions might default to California or New York legal standards, New Mexico’s firearm laws differ. A lawyer on set could have guaranteed that all state-specific safety regulations were meticulously followed, possibly preventing this disaster.

Is It Common to Have Lawyers On Set?

Lawyers on set? Not usually—especially on indie films, where budgets are tight, and every expense is scrutinized. Most productions keep legal matters behind the scenes, leaving it to production managers to handle day-to-day compliance. However, for big-budget or high-risk productions, like stunts or firearm-heavy scenes, having a lawyer present might make sense.

In the case of Rust, a lawyer’s role could have extended beyond paperwork to ensuring every cast and crew member fully understood safety protocols. That’s not standard practice, but as the Rust tragedy highlights, it might be time to rethink that.

How a Lawyer Could Benefit Future Productions

With Rust now serving as a tragic case study, filmmakers—especially those working on smaller budgets—might want to rethink the cost-benefit analysis of having legal counsel on set. Here’s why:

• Proactive Risk Management: Lawyers are trained to foresee potential problems before they arise. Whether it’s identifying gaps in safety protocols or flagging areas of legal non-compliance, lawyers are invaluable for ensuring smooth productions.
• Better Documentation: With legal oversight, productions can ensure proper documentation of safety measures, contracts, and insurance policies. This paper trail can be crucial if things go wrong.
• Liability Reduction: In the event of accidents, having legal oversight on set ensures that everything is handled according to legal requirements, protecting the production and reducing potential fallout.

The Current Status of the Rust Cases

As of 2024, the legal aftermath of Rust continues to unfold. While Baldwin initially faced involuntary manslaughter charges, they were later dropped. However, the case remains under investigation. The armorer, Hannah Gutierrez-Reed, is still facing involuntary manslaughter and evidence tampering charges. Meanwhile, the first AD, David Halls, accepted a plea deal for negligent use of a deadly weapon and received a suspended sentence along with probation.

The Rust tragedy has also had broader industry impacts, with many productions rethinking how firearms are used on set. Some are even opting to use CGI in place of live-action gunfire. It’s clear that this tragic incident has sparked much-needed industry-wide changes.

Conclusion: How Can Thoolie Help?

While a lawyer can’t always be on set, platforms like Thoolie can help with the legal groundwork. Thoolie offers adaptive, attorney-drafted contract templates that indie filmmakers can use to ensure their projects are on solid legal footing before production begins. From NDAs to safety compliance forms, Thoolie’s templates are customizable to meet the unique needs of entertainment professionals. Explore Thoolie’s solutions and start your free 14-day trial today!

References:

Deadline: “Rust Film Set Shooting Timeline: The Fatal Accident, The Investigation, And The Aftermath”
Deadline Article on Rust Shooting

Variety: “Alec Baldwin’s Rust Shooting Incident: Charges Dropped Against Actor”
Variety Article on Alec Baldwin

The Hollywood Reporter: “What Went Wrong: The Rust Incident Explained”
Hollywood Reporter Article on Rust