In this article we continue to explore questions in the minds of athletes and their parents/guardians as we are likely entering the post- House age of recruiting and NIL. The bottom line: any athlete that is about to commit via contract(s) to a Division 1 institution/program, particularly one in the Power 4 conferences(Big 10, Big 12, SEC, and ACC), should know the answers and retain competent and trustworthy counsel.

‍Question 1: Do I need a player representative?

Answer 1: Yes, but this is also an extremely loaded question so we will break it down.

Question 2: Do I need a lawyer or just someone familiar with NIL as my rep?

Answer 2: In our view, particularly at but not limited to, the Power 4 level, you need a lawyer and not simply someone that decided to hang a shingle in the NIL space.  The NIL only (non-lawyer) rep may be well versed in the marketing side of NIL, matters such as leveraging social media, personal branding, and networking, but that is not even half of the story. The missing and critical pieces of the representation puzzle are experience and expertise with contract creation, review, negotiation, and execution, financial/tax implications, and dealing with collectives.  Keep in mind: the larger the dollars, the larger the exposure and risks to you!  

Question 3: What should I look for in a lawyer?

Answer 3:   Three critical things: (1) experience with contracts/transactions, (2) integrity, and (3) comfort level.  NIL is relatively new field so factor (1) demands experience with commercial contracts. Secondarily, would be some NIL experience. Any lawyer that claims many years of NIL experience at the college level, however, may be misleading since it has only been “legal” since summer of 2021. That said, a lawyer could have longer NIL experience with professional athletes, celebrities, and influencers. Factors (2) and (3) sort of relate. You MUST hire a high integrity person that is reputable and looking out for you; one that is NOT a “shyster”. Relatedly, you must feel comfortable in dealing with this rep, which somewhat comes from confidence with integrity, but style and personality matter here also. Do your homework here.

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ABOUT THE AUTHORS:

 NILegally Speaking™ is written by PowerNIL/Ken Feinberg, attorney, in collaboration with other expert attorneys focused on employment, labor, contract, and intellectual property law.

 ken@powernil.com                                                                                                                       www.powernil.com

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