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Bibliography Appenzeller, Herb. Sports & Law: Contemporary Issues. Virginia: The Michie Company, 1985. Field, Shelly. Career Opportunities in the Sports Industry. New York: Checkmark Books, 1999. Shropshire, Kenneth L. and Timothy Davis. The Business of Sports Agents. Philadelphia: University of Pennsylvania Press, 2003. Yasser, Ray. Sports Law: Cases and Materials. Maryland: University Press of America, 1985. |
"Show
Me the Money
After the 1996 Hollywood blockbuster "Jerry Maguire," the previously held misconception of lawyers changed dramatically. Viewers realized that lawyers are not typically courtroom bigwigs or menacing arguers; instead they came to the conclusion that a lawyer could work in virtually any field of law. And one of those "fields," as seen in "Jerry Maguire" and the television series "Arli$$," has proven to have mass appeal.This playing field is different than that associated with the typical courtroom lawyer; it's known as sports and entertainment law. And with the perfect mix of determination, skill and knowledge, any college-level person could pursue the career -- and do so with success. That includes journalism majors. Terms to Know An agency relationship is defined as "the fiduciary relationship which results from the manifestation of consent by one person to another that the other shall act in his behalf and subject to his contract, and consent by the other so to act" (Shropshire & Davis 16). That may not be the easiest definition to put into simpler terms, but after defining the other characteristics of an agency relationship it may seem clearer. The word "fiduciary" refers to the person who acts on behalf of the other. In this case it identifies the sports agent, the person who represents the athlete. The fiduciary relationship is "imposed by law upon the agent because the very nature of the agency relationship involves the principal entrusting his fortune, reputation and legal right and responsibilities to his agent whose actions, for better or worse, vitally affect the economic well-being and reputation of the principal" (Shropshire & Davis 17). In this case the "principal" refers to the athlete and obviously the agent refers to the sports agent, the one who has to act on behalf of the athlete. Without the confusing terms defining the profession it seems more compelling and less nerve-wracking to pursue the career. Suggested Educational
Background But before you drop your current major and run to your advisor to start pursuing a career in law, understand that students of any background can become a sports agent, just as long as they have the personal qualities conducive to such a stressful career. In fact, according to the Law School Admissions Council website, students accepted to law schools aren't only those who major in pre-law as an undergraduate. Instead, law schools look for an individual with a diverse background in order to add differing views and specialties to the profession. Someone who does want to pursue a career in law must have a four-year college degree. Particularly for one who wants to work as a sports agent or attorney it is suggested that he or she major in business, accounting or sports administration as an undergraduate (Field 58). However, a potential sports agent could major in anything from communications to music. Even a student studying journalism could possess the right characteristics to become a successful sports agent. Journalism teaches students skills that are vital for the profession, but they can also be quite beneficial for a student who wants to study law. Journalism emphasizes a number of skills, including the ability to research topics in-depth. A URI journalism student's researching skills are increased dramatically, particularly in the area of media law. In that class, JOR310, a student previously unaware of how the legal system works must learn how to properly research a particular area of law. Those who enjoy this class are potential candidates for a future in the field of law. In addition to researching skills, a journalist also possesses the vital skill of interviewing. Conducting interviews shows that a journalism student can deal with people on an individual level, and this is essential for a career in sports and entertainment law. Therefore, a journalism background, although not specifically designed to create future lawyers, has the potential to teach students the skills necessary for a future in law. A successful educational background may seem to be the main criterion when deciding whether to pursue law. But, in fact, one's personal qualities and skills are paramount and his or her education comes in at a close second. A sports agent must have "negotiating skills, sales ability and aggressiveness" and he or she "must be able to work under stressful conditions" (Field 58). That is why a strong background in the field of business is beneficial. Marty Arbus, a partner in the law firm Arbus, Krenkel and Monaghan, located in Ocean Township, N.J., said in an interview that experience is a necessity before one jumps into any field of law. Although he does not specialize in sports and entertainment law, Arbus is a devoted and talented lawyer who knows the degree of determination needed to be a successful attorney. "It's all about experience," he says. "No matter what field of law you want to get involved in it's always a good idea to work in a situation that offers the same kind of experience." For a potential sports agent, this would include any experience in a sports-administration setting. "Working with individuals whose job is to sell someone else's talents will give you an idea of how the business works" (Field 59). A driven student who has the will to succeed should try to work for any business that focuses on selling a personal talent. This could include, but is certainly not limited to, talent agencies for actors and actresses or athletes and business management firms. Advantages of
a Law Degree in the Sports Industry In addition, "Lawyers are better equipped to avoid conflicts of interest and will be held to higher standards of accountability to avoid conflicts of interest" (Shropshire & Davis 24). Conflicts of interest include representing more than one athlete at a time, and even though lawyers are known to represent numerous clients, they usually do not do so during the same time period. Why Lawyers
Represent Athletes "Professional athletes have become aware that they lack the skills necessary to negotiate complex contracts, to promote themselves and to effectively manage large sums of money" (Yasser 347). The legal aspects of a contract are confusing enough, but include the millions of dollars that a quality athlete could make during his career and it's the perfect recipe that will undoubtedly lead to a paralyzing anxiety attack. Instead, the potentials for stress and anxiety are reserved for the sports agent — the one behind the scenes whose overall health will not impede his performance. "Athletes who represent themselves may find that they are needlessly diverted from the primary task of high-quality athletic performance" (Yasser 347). The athlete's job, as unfair as it may be, is to rake in the millions for hitting a line-drive triple to win the game. The sports agent, on the other hand, sits on the sidelines as the baseball transforms into a massive wad of cash and his client connects with a loud "crack," sending the ball to deep left field as rounds the bases, potentially making hundreds of thousands of dollars for his effort. Besides the typical expectations of a sports agent — promoting the athlete and negotiating contracts — lawyers representing athletes provide advice regarding finances, obtain and negotiate endorsement contracts, provide medical and physical health consultations as well as legal consultation. They also provide counseling for former athletes and for those athletes still seeking counseling regarding their particular sport, media image and their everyday lives (Shropshire & Davis 27). In other words, besides representing athletes to increase their popularity or status among their competitors, a sports agent must also act as a personal therapist. The agent must be available at any time throughout the day, even if it is at four o'clock in the morning. Representing athletes is a competitive venture and the only way to secure a client's promise to stay with the same agent is for the agent to bend to every wish, will and desire of his client, regardless of how bad the timing is or how busy the agent may be. The Agent as
Contract Negotiator "The ultimate goal of contract interpretation is to validate the agreement which the parties intended to create" (Yasser 242). The two parties include the contract-bearing party — the organization pursuing the athlete along with their legal representative — as well as the party that anticipates employment with the organization. Personal Characteristics
Vital to the Negotiation Process
As Jerry Maguire said in the 1996 Hollywood blockbuster, "I will not rest until I have you holding a Coke, wearing your own shoe, playing a Sega game featuring you while signing your own song in a new commercial starring you, broadcast during the Super Bowl in a game that you are winning. And I will not sleep until that happens" (http://www.moviequotes.com/repository/titles/105195.html). Sports agents live their lives through their clients and therefore their ultimate endeavor is to make their clients happy. Whether it's through coaxing the athlete into believing they will be a superstar or actually carrying out the wishes of the athlete, the ultimate priority for a sports agent is to be successful and devote his life to his career. Kathryn Ives currently lives in Ocean Township, N.J., with her mother, father, sister and brother. She graduated from the University of Rhode Island with a bachelor's degree in journalism and political science. She hopes to attend law school. |
