Do You Need a Lawyer, an Agent, or Both?

As a career in sports or entertainment grows, so does the team around it. Two of the most important roles are the agent and the lawyer. People often use the terms interchangeably, but they are not the same job, and understanding the difference helps you decide who you need and when.

What an agent does

In professional team sports, an agent’s core job is representing a player in negotiations with a club: the playing contract, extensions and free agency. In the NFL, NBA and MLB, agents who negotiate player contracts must be certified by the league’s players association, which sets its own standards, fee rules and conduct requirements.

Many agents also help with marketing: finding endorsement opportunities, building relationships with brands and advising on how a player presents themselves publicly.

What a sports and entertainment lawyer does

A lawyer’s role is to give legal advice and to protect your legal interests. For athletes, performers and creators, that often includes:

• Reviewing and negotiating endorsement, sponsorship, licensing and appearance agreements
• Protecting your name, image, likeness and trademarks
• Setting up business entities for your income and brand ventures
• Handling disputes, from unpaid contracts to unauthorized use of your image
• Advising on the legal terms in agreements with managers, agencies and other advisors

Lawyers are licensed by state bars and owe their clients duties of confidentiality and loyalty that are enforced by those bars.

Where the roles overlap

Both an agent and a lawyer may negotiate on your behalf, and both may review contracts. The difference is often in focus. An agent is usually focused on the deal: the money, the opportunity and the relationship. A lawyer is focused on the terms: what you are committing to, what rights you are giving up and what happens if things go wrong.

When one advisor can do both

Some clients prefer to work with a firm that combines players association certification with entertainment and sports law. The advantages are practical: fewer handoffs, one team that understands both the business opportunity and the legal fine print, and a clear line of responsibility when decisions need to be made quickly.

Questions to ask any advisor

• Are you certified by the relevant players association, and is your certification current?
• Are you a licensed attorney, and in which states?
• How are you paid: a percentage, an hourly rate or a flat fee?
• Do you represent anyone on the other side of my deals?
• Who else on your team will work on my matters?

Clear answers to these questions are a good sign. Hesitation is worth paying attention to.

Title Sports Management combines NFLPA, NBPA and MLBPA certified representation with sports and entertainment law. Contact us to talk about what your career needs.

This article provides general information only and is not legal advice. Reading this article does not create an attorney-client relationship.