Over the past several decades the sports agent has emerged as an increasingly important figure in the negotiation of contracts for professional athletes. Although agents may have varying backgrounds, attorneys now comprise more than 50% of all agents representing professional athletes. This paper will focus on the attorney as sports agent. The agent is subject to regulation by the federal government, some state governments and the players associations. In discussing the role of the players associations the National Football League Players Association (“NFLPA”) will be focused on for exemplary purposes although other associations will be mentioned.
The agent is also bound by the Model Rules of Professional Conduct (“MRPC”) which include regulations regarding conflicts of interest and fees. Concurrent conflicts of interest may occur when an agent represents several athletes on one team or simultaneously represents athletes as well as coaches or management personnel. These conflicts are magnified in leagues in which an overall team salary cap exists. Careful examination of these conflicts and application of the MRPC clearly shows that the conflicts are unlikely to be resolved even with the athlete’s express informed consent.
There are also ethical considerations regarding agents’ fees, particularly when they are based on a percentage of the value of the contract negotiated by the agent. Arguably, these fees are not reasonable under the MRPC. Uniform rules should be established by players associations to identify conflicts of interest and prevent their occurrence. With regulations in place, ethical concerns in the negotiation process will be reduced so that the athletes’ interests are more exclusively served by the agent.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Art, Entertainment & Sports Law Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Melissa Neiman, Melissa Neiman, M.D., J.D. | Attorney Advertising