Although there are vast amounts of successful
non-attorney agents that athlete’s may choose for representation, those that
hold pivotal significance and vital characteristics that typically benefit an
athlete’s career are usually attorneys. Attorneys are the focal points simply
because they have the ability to influence a majority of the athlete’s life
decisions. Three
Reasons why all athletes should chose an Attorney-Agent over a Non-Attorney
Agent:
1.
It
would cost the client more economically to hire a Non-Attorney Agent because of
the difference in educational background.
Retaining
an attorney-agent saves thousands of dollars over the course of an athlete’s
career. If an athlete retains a non-attorney agent they would still have to
hire an attorney for certain transactions that non-attorney agents do not have
the knowledge or capacity to complete. Retaining a non-attorney agent for
negotiating contracts and later securing an attorney for other legal matters
causes the client to pay the three percent fee to the agent in addition to
attorney’s fees for representation. If, an athlete retained an attorney-agent,
there would be solely the three percent representation fee for being the agent,
however they would also be representing the athlete in legal matters without
having to retain an additional attorney and acquire more fees. Although it is
not required for an agent to attend law school, a person must attend 4 years of
undergraduate, 3 years of law school to acquire a Juris Doctors, and study, sit
and pass the bar in the state(s) they desire to practice. On the other hand, a
non-attorney agent may only have a high school diploma, and no desire to attend
college or any other equivalent program—this does not guarantee the client has
quality representation.
2. Retaining a Non-Attorney
Agent provides opportunities for mismanagement, negligence and incompetency
Attorneys are regulated
by the Model Rules of Professional Conduct that provides guidelines for standards
of professional conduct and behavior. There are countless regulations, however,
I will only review a few that pertains to agency. An attorney cannot solicit
clients and business, while a Non-Attorney Agent may do so (aggressive
solicitation by Non-Attorney Agents is a turn off for athletes). Attorneys may
not charge excessive fees and they also may not represent two adverse parties
in a dispute (conflict of interest). Violations may result in suspension or
disbarment of an attorney, hence the need to regulate ensures competent and
diligent representation. On the other hand, Non-Attorneys are not regulated by
these rules and policies; therefore there is no guaranteed way to govern their
behavior and professionalism. Although, a conflict of interest does pertain to
a Non-Attorney there may not be any particular punishment for a violation.
Non-Attorney agents are regulated by the Uniform Athletes Agent Act (UAAA) as
well as the Sports Agent Responsibility And Trust Act (SPARTA), but this does
not ensure professionalism or competent representation, this solely is to
regulate the behavior to provide a fair playing filed of competition to all
agents as well as the athlete—whether they are amateurs or professional
athletes.
3. Hiring a Non-Attorney
Agent would result in the inclusion of an attorney for all other legal
transactions.
A
Non-Attorney Agents have the ability to negotiation contract agreements and
provide media relations, marketing and press opportunities, however, an athlete
must consider prenuptial agreements; wills, trusts, and estates; lease
agreements; property matters; intellectual property rights and things of the
like. An Attorney-Agent has the capabilities of more than just employment
contract negotiation. The role of an Attorney-Agent is to provide services that
include but are not limited to: legal counseling; obtaining and negotiating
endorsement contracts and other income opportunities; financial management and
planning advice; career planning counseling; marketing of the athlete through
public relations and other means; tax planning, financial planning; sports medicine
consultation; insurance concerns; and resolution of disputes arising under an
employment contract—all of which an athlete may possibly encounter in the
duration of their career.
The
sports industry has been the most competitive yet idolized profession for over
thirty years. It has been expanded, and has grown at a very rapid pace, faster
than the athletic clientele. The most reasonable solution to minimize incompetent
representation is to restrict athlete agency to strictly attorneys, solely
because it would: save the client thousands, if not millions of dollars; reduce
or eliminate malpractice, negligence and mismanagement; and you exclude the
“middleman”. The middleman is the non-attorney agent, who would be required to
retain an attorney for the legal matters beyond their capacity.
Queen
Tut
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