Do College Athletes Need Lawyers? Sports Law and NIL Deals

Do college athletes need lawyers for NIL deals? Student athletes can accept brand endorsements and school-funded scholarships without jeopardizing eligibility.

Discover the ever-changing landscape of sports law. Learn how college athletics has played a pivotal role in athlete’s potential compensation from third-party sources. Student-athletes are now allowed to accept brand endorsements in addition to school-funded scholarships.

Recently the National Collegiate Athletic Association (NCAA) has allowed athletes to take advantage of NIL deals. However, there are strict laws that vary by state as well as baseline regulations to adhere to by the NCAA, therefore it is best to hire a sports lawyer.

At The Colleges of Law, students learn about many different facets of law and become prepared to sit for the California Bar Exam with our Juris Doctor program.

What Does NIL Stand For?

NIL stands for name, image, and likeness. Applying NIL to sports allows collegiate athletes to use their talent and popularity for monetary advantage. That means that prospective students can now profit off of anything to do with their name and talent, including gaining money from sponsorships, commercials, video game placements, social media accounts, and merchandise sales. Prior to making NIL deals legal for these athletes, they were only allowed to accept school-funded scholarships, either academic or athletic or both. At this time, schools still are not allowed to pay students directly as an incentive to play for the school.

The potential financial benefits for college athletes can help students afford school or focus on school and sports rather than working while attending college. Instead, athletes can use their success for brand deals as well as collecting a percentage of their jersey sale revenue.

The NCAA has long stood by its policies on NIL deals, emphasizing two main principles: first, recruits should not be influenced to join a program solely for financial reasons; second, college athletes are considered amateurs and should not be compensated based on their athletic performance.

Sports lawyers use a combination of contract law, trademark law, personal injury law,

labor and employment law, and criminal law to represent student-athletes best. These college athlete lawyers ensure their eligibility is protected and they are not being taken advantage of by third-party sources.

Do Collegiate Athletes Need Lawyers?

Yes, although it is not required, it is in the best interest of the athlete to have an attorney review any contract. Using a National Collegiate Athletic Association attorney or a sports lawyer can help protect college eligibility, financial security, and potential professional career by avoiding any litigation.

NIL deals must align with state laws and report all endorsements to the NCAA. The school’s history of name, image, and likeness endorsements for previous or current athletes cannot be used as a persuasive method in the recruiting process. NIL cannot be used as a form of pay-for-play, bribing athletes with third-party financial deals.

Sports lawyers guide student-athletes through the whole contractual process to help protect the athlete and the school by staying up to date with state legislation. When potential deals come into the student, it’s the lawyer’s job to vet the prospect and advise the student on a course of action to make sure they are not being taken advantage of or entering into an unsavory deal. An example of this could be if the athlete signs an NIL deal to post on their social media for a brand that is under public scrutiny. This could reflect poorly on the student’s reputation and risk their prospects after graduation for going pro.

How to Become a Sports Lawyer

Becoming a sports lawyer will allow you to defend student-athletes who would like to participate in NIL deals. Sports lawyers are legal professionals with specialized training in laws related to athletes, contracts, and the sports industry, enabling them to effectively advocate for their clients.

Here are seven steps to becoming a sports lawyer:

1. Earn your bachelor’s degree in any field of interest with a GPA of 3.80 to 4.0
2. Build a strong resume with useful work experience and internships
3. Take the GRE or LSAT (depending on the law school requirements)
4. Go to a law school that offers the best sports law education and opportunities
5. Pass the Multistate Professional Responsibility Examination (MPRE)
6. Pass the bar exam
7. Pick your sports specialization, and get hired at a law firm

The best way to get into sports law is to get involved in internships and hands-on experience during your studies to get your foot in the door.

Pursue Your Career in Sports Law

The demand for college athlete lawyers is growing as more athletes explore the advantages of signing NIL deals. NIL lawyers help protect athlete’s collegiate careers and potential professional careers by ensuring the legality of brand deals, expectations, and performance alignment with state laws and NCAA regulations.

Start your journey to becoming a sports lawyer by obtaining your Juris Doctor (J.D.) degree. The J.D. program prepares students to take the bar exam and for many fields of law in which they are interested, including sports law. The Colleges of Law offers an on-campus J.D. program as well as a Hybrid J.D. The Hybrid J.D. allows students to have more flexibility in their schedule and classes. Choose a Juris Doctor program that is the best fit for your goals while preparing you to pass the bar exam.