OFF THE RECORD

The Provenance of Andrius Kontrimas

By Julie Barry

The term "provenance," which refers to the origin or the source of something, is typically used to describe the ownership history of a work of art. It is a fascinating subject about which Andrius Kontrimas knows a great deal. Like the fine art with which he passionately assists his clients, lawyer Andrius Kontrimas leaves a lasting impression. Kontrimas, who heads up the international tax group of Fulbright & Jaworski L.L.P., is an avid art collector whose interest in art has spanned the decades. He was able to transform his art expertise into a practice in the early 1990s, and now represents an impressive list of art clients, including museums, art dealers, private collectors, foundations and estates.

Among the topics clients often ask Kontrimas to address and assist with are the perils and pitfalls of provenance. Provenance is important to art collectors because it establishes the historical, social, and economic framework of a work of art. When a dispute arises over the ownership, the source is typically a gap in the work's provenance. "There are a number of reasons why these gaps may exist," explains Kontrimas. "In particular, there are the 'Three D's'—death, divorce and debt. Throughout the centuries, works of art have changed hands as a result of one of these misfortunes, and at times the individuals involved did not wish for their identities or adverse circumstances to be revealed." Consequently, works of art were often sold in anonymity.

When there are gaps in provenance of European art between the years 1933 and 1945, there is risk it may be the result of the systematic confiscation of art by the Nazis. By the end of World War II, an estimated 150,000 pieces of art had been looted in Western Europe, and nearly half a million pieces in Eastern Europe. This art has a current estimated value exceeding $200 billion. Consequently, when it comes to establishing title to a work of art, clean provenance is a highly valuable asset to a museum, gallery or private collector, as is the expertise of Andrius Kontrimas in legally protecting that ownership.

Great strides have been made in the art world with respect to documentation of works of art with questionable provenance, due in large part to the Internet, Kontrimas explained. Between 1998 and 2006, numerous works in American museum collections were identified as stolen by the Nazis. Many experts say the art world has made tremendous progress in recent years, with museums publicly posting works in their possession that have gaps in provenance. Still, others assert the museums aren't doing enough by listing the works, essentially leaving it to possible claimants—many of whom are now quite old and without financial resources—to do the research themselves. "Gaps in provenance can be for a variety of reasons and it cannot be assumed malfeasance is the reason for the interruption," Kontrimas said.

Kontrimas' own provenance began in the U.S. while his Lithuanian parents were attending graduate school here. With dual U.S. and Lithuanian citizenship, Kontrimas' interest in art developed during frequent travels with his family throughout Europe. Kontrimas attended college at UC-Berkeley and law school at UCLA. Upon graduating from law school, he went to work for Vinson & Elkins. From there, he moved to Jenkens & Gilchrist, where he served as that firm's Houston office managing partner until he moved on with his group to Fulbright & Jaworski.

Not all of Kontrimas' attention to art is work-related. He currently serves on the Development Committee, as well as the European Art Committee, for the Museum of Fine Arts Houston. His particular area of interest is 18th and 19th century European art. Kontrimas says his role on the European Art Committee allows the opportunity to preview works that are being considered as possible acquisitions by the museum, as well as exhibition planning. From listening to him retell scintillating stories of forgeries, theft and fraud, it is clear that Kontrimas relishes his connections to the art world. He even married a fellow lawyer turned professional artist, who has an impressive career of her own, with over 20 years of experience. While Kontrimas' accomplishments in the area of art law have been the result of intelligence and hard work, he also knows he has been truly blessed to have been able to develop his passion so successfully.

"I have been privileged to have these opportunities and to earn the trust of my clients to be able to work in such a fascinating area," Kontrimas said. "It is an art lover's dream come true."

Julie Barry is an attorney with Theodore J. Lee, focusing on U.S. and international commercial transactional law. She is a member of The Houston Lawyer editorial board.

< BACK TO TOP >