Athletes, entertainers, musicians and other individuals at the vanguard of their fields (whether it be the next Super Bowl MVP quarterback, Grammy-winning artist, or Oscar-winning director), often surround themselves with a team of advisors. That team often includes an attorney, agent and manager. While their roles can sometimes overlap, each brings distinct value. Knowing the difference between these roles and what each person brings to the table can be the key to setting yourself up for future success.
Agents: The Dealmakers
Agents are generally licensed professionals responsible for securing opportunities and negotiating contracts on behalf of their clients. Their primary role is to procure employment opportunities for their clients. Most agents work for agencies that specialize in representing talent across a range of disciplines (motion picture, television, literary, music, brand endorsements, commercials, sports etc…) and are typically paid a percentage (e.g., 10 – 20%) of their client’s earnings from the jobs the procure and negotiate. Agents generally focus on market trends, job opportunities and individuals who are shaping the market and, as such, typically represent more clients than managers as they are less involved in the day-to-day operations of the client. Finally, Agents also are very informed negotiators as a result the market knowledge and are able to effectively negotiate the appropriate fees, bonuses and other valuable compensation streams on behalf of their clients.
Managers: The Career Strategists
Managers take a broader, more personalized approach to representation. Rather than focusing solely on deals, managers help guide a client’s overall career trajectory and brand management. They offer advice on brand development, long-term goals, and the appropriate opportunities needed for building the desired brand and achieving the long-term goals. Accordingly, managers often work more closely with the client day-to-day and typically represent less clients than agents. Managers earn the same percentage as agents, but such commission is based on the client’s total overall earnings (regardless of whether the job or opportunity was sourced by the manager) since managers are not legally allowed to procure employment and their duties are more encompassing.
Lawyers (Esquires): The Legal Safeguards
Attorneys in sports and entertainment serve a different, critical function: protecting clients’ legal interests. While agents and managers focus on opportunity and strategy, attorneys focus on language, rights, risks and compliance by protecting a client’s compensation or opportunities downstream and resolving disputes prior to the litigation stage. Whether it’s reviewing a record deal, licensing agreement, film contract, or endorsement agreement, an experienced entertainment or sports attorney ensures clients understand what they are agreeing to and do not sign away more than they bargain for.
Attorneys are held to strict ethical standards and provide confidential legal advice, something neither agents nor managers are licensed to do. Attorneys are generally compensated by the hour or based on a percentage (typically 5%) of client earnings.
Why do you need an Attorney?
Even with a talented agent or manager, there are always legal considerations. Deals can be predatory, contracts can contain hidden obligations, and missteps can have long-term consequences. An attorney isn’t just a safety net; they are a strategic partner that:
- Advises on complex legal issues;
- Ensures contracts are fair, enforceable, and in your best interest;
- Protects your intellectual property and name, image, and likeness (NIL) rights; and
- Manages disputes and litigation if things go wrong
Lawyers are especially necessary for negotiating deals that involve the creation, development, production and distribution of intellectual property (i.e. music, screenplays, art, books, paintings etc..) as those agreements typically contain legal issues involving trademarks, copyrights and patents that are not customary or typical to agents and managers.
Agents and managers may help you get the deal, but your attorney makes sure it doesn’t cost you more than it is worth.
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