ADV 378
What Roles Do Agents Play? - ANS - Sports agents negotiate contracts for the professional
athlete.
- Good agents are usually trained in the fundamentals of contracts, familiar with the current
market value of their client relative to other athletes within the same sport, have detailed
information about a team and their client's likelihood of success
Is it Necessary to Have an Agent? - ANS NO.
What is an Agent's and/or Attorney's Fiduciary Duty? - ANS The duty to act solely in the client's
best interests, to disclose any potential conflict of interest, and to withdraw if a conflict would
impair the attorney's ability to represent the client
What is the Uniform Athlete Agents Act (UAAA)? - ANS - A model state law that regulates the
conduct of athlete agents.
- Requires an athlete agent to register with a state authority, typically the Secretary of State, in
order to act as an athlete agent in that state
College Athletes Who Got Paid to Play? - ANS - Reggie Bush
- Chris Webber
- Eric Dickerson
- Marcus Camby
- O.J. Mayo
Bylaw 12.3 General Rule - ANS An individual shall be ineligible for participation in an
intercollegiate sport if he or she ever has agreed (orally or in writing) to be represented by an
agent for the purpose of marketing his or her athletics ability or reputation in that sport
12.3.1.1. Representation for Future Negotiations - ANS An individual shall be ineligible per
Bylaw 12.3.1 if he or she enters into a verbal or written agreement with an agent for
representation in future professional sports negotiations that are to take place after the
individual has completed his or her eligibility in that sport.
12.3.1.2 Benefits from Prospective Agents - ANS An individual shall be ineligible per Bylaw
12.3.1 if he or she (or his or her relatives or friends) accepts transportation or other benefits
from: (A) any person who represents any individual in the marketing of his or her athletics ability.
The receipt of such expenses constitutes compensation based on athletics skill and is an extra
benefit not available to the student body in general; or
, (B) An agent, even if the agent has indicated that he or she has no interest in representing the
student-athlete in the marketing of his or her athletics ability or reputation and does not
represent individuals in the student-athlete's sport.
12.3.2 Legal Counsel - ANS Securing advice from a lawyer concerning a proposed professional
sports contract shall not be considered contracting for representation by an agent under this
rule, unless the lawyer also represents the individual in negotiations for such a contract.
12.3.2.1 Presence of a Lawyer at Negotiations - ANS A lawyer may not be present during
discussions of a contract offer with a professional organization or have any direct contact (in
person, by telephone or by mail) with a professional sports organization on behalf of the
individual. A lawyer's presence during such discussions is considered representation by an
agent.
12.3.3 Athletics Scholarship Agent - ANS Any individual, agency or organization that represents
a prospective student-athlete for compensation in placing the prospective student-athlete in a
collegiate institution as a recipient of institutional financial aid shall be considered an agent or
organization marketing the individual's athletics ability or reputation.
12.3.3.1 Talent Evaluation Services and Agents - ANS A prospective student-athlete may allow
a scouting service or agent to distribute personal information (e.g., high school academic and
athletic records, physical statistics) to member institutions without jeopardizing his or her
eligibility, provided the fee paid to such an agent is not based on placing the prospective
student-athlete in a collegiate institution as a recipient of institutional financial aid
12.3.4 Professional Sports Counseling Panel - ANS It is permissible for an authorized
institutional professional sports counseling panel to:
(a) Advise a student-athlete about a future professional career;
(b) Provide direction on securing a loan for the purpose of purchasing insurance against a
disabling injury;
(c) Review a proposed professional sports contract;
(d) Meet with the student-athlete and representatives of professional teams;
(e) Communicate directly (e.g. in-person, by mail or telephone) with representatives of a
professional athletics team to assist in securing a tryout with that team for a student-athlete;
(f) Assist the student-athlete in the selection of an agent by participating with the student-athlete
in interviews of agents, by reviewing written information player agents send to the
student-athlete and by having direct communication with those individuals who can comment
about the abilities of an agent;
(g) Visit with the player agents or representatives of professional athletics teams to assist the
student-athlete in determining his or her market value
12.3.4.1 Appointment by President or Chancellor - ANS This panel shall consist of at least
three persons appointed by the institution's president or chancellor
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