Sports law: the advantages of obtaining legal advice

Athletes have used personal representatives to negotiate contracts and sponsorship deals since 1925 when Red Grange, an American footballer, hired an agent to negotiate his professional contract. 

Since then, professional and amateur sports have grown, and personal representation has been vital to athletes and any individual or body associated with sport.

As sport has evolved, contract negotiations have expanded from professional contracts to sponsorship deals and even competition entry. It has become increasingly important for athletes to obtain proper legal representation.

What is sports law?

Sports law involves applying various laws, rules and regulations to a sporting context rather than being an area of law in itself. Sports law solicitors have a wide knowledge of various areas of law, including, among others, contract, intellectual property and image rights, personal injury, litigation, corporate, and property law. Solicitors in sport have a working knowledge of many legal specialities.

However, some specific sporting contexts do have their own unique rules and regulations that govern them. Doping rules and stadium regulations are examples of the uniqueness of sports law.

The impact of rules and regulations within sport on athletes, sporting bodies and sporting agencies are immense. Therefore, good quality legal advice is vitally important, whether to challenge a decision, understand rights and obligations, or protect your interests.

Solicitors need to have a working knowledge of how the law operates in different jurisdictions, as sports are played worldwide. Relevant international legal sporting decisions are made frequently and have both short-term and long-term consequences across the globe. 

Examples of this include the Bosman Ruling, Australia's decision to deport Novak Djokovic and FIFA's recent decision to suspend all Russian clubs and national teams from competing in all competitions.

The advantages of instructing solicitors:

1. Knowledge of the law

One of the main advantages of electing to appoint a solicitor as a legal representative is knowledge and skills. To qualify as a practising solicitor, an individual has to complete a three-year undergraduate degree, a year post-graduate qualification, and two years of practical experience. 

The skills and knowledge one obtains during this long qualification process is unrivalled by those attained when qualifying as an agent with no legal background, for example.

In comparison, agents cannot give legal advice to their clients, and their role is restricted to negotiation. In contrast, solicitors can explain and advise on the legal implications of specific clauses while negotiating terms favouring their clients.

An athlete who may need additional legal advice can save money and time by instructing the same solicitor to act for their contract negotiation and other legal issues they may have. The breadth of knowledge a solicitors' firm can give to a client is unrivalled by any of the alternatives for an athlete.

2. Athletes' best interests

Agents are notorious for being overzealous when obtaining a better deal for their clients. While this approach may be beneficial to an athlete in some instances, sometimes it can backfire. 

On the other hand, a solicitor has duties of care to their client and must undertake due diligence when giving legal advice. The advantage of this is that time and care has been taken when negotiating deals for athletes, ensuring the best possible outcome for the client has been met.

3. Cost

Another key reason for choosing a solicitor over an agent is that they are cheaper. A solicitor will usually have either a fixed fee or an hourly rate outlined to the athlete at the start of a matter. This provides the client with clarity and peace of mind.

On the other hand, an agent will usually operate on a commission basis and take a percentage of the contract or sponsorship deal for which they have negotiated. This commission often runs for the duration of the contract, and the agent could still benefit financially for years after the work was completed. 

Solicitors do not benefit financially after their final invoice has been paid for the work, which is a huge benefit for amateur athletes who may have second jobs to supplement their income from their sport.

Contact our sports law solicitors 

Our sports solicitors provide straightforward legal advice across various areas, including contracts, governance, regulatory requirements, commercial property, employment law, image rights, trademarks, and branding. 

We have offices in London, Brighton and East Sussex, and we work with clients across the UK.