As the business of sports continues to evolve particularly in the era of Name, Image, and Likeness (NIL), revenue sharing, and complex endorsement opportunities athletes are increasingly faced with decisions that require professional representation. Two of the most important professionals in an athlete’s corner are sports agents and sports lawyers. While their roles may overlap in certain areas, they serve distinct functions and provide different types of protection and advocacy.
Understanding the differences between agents and sports lawyers and knowing when to engage each can be critical to protecting an athlete’s career, financial interests, and long-term opportunities.
What Is a Sports Agent?
A sports agent is primarily responsible for representing athletes in their professional careers, with a focus on marketing, contract negotiation, and career management. Agents act as the athlete’s business representative and work to maximize earning potential both on and off the field.
Typical responsibilities of a sports agent include:
- Negotiating player contracts with professional teams
- Securing endorsement deals, sponsorships, and marketing opportunities
- Managing an athlete’s public brand and business opportunities
- Recruiting athletes and assisting with career planning
- Serving as the primary liaison between the athlete and teams, sponsors, and organizations
Sports agents are typically compensated through commission. In professional sports leagues, commission percentages are often regulated by players’ associations. For example, agent commissions may range from approximately 3–5% of a playing contract and up to 20% of endorsement deals, depending on the sport and governing regulations.
Because agents are focused on maximizing opportunities and income, their role is largely business-driven and centered on career growth.
What Is a Sports Lawyer?
A sports lawyer is a licensed attorney who provides legal advice, legal protection, and legal representation to athletes. Unlike agents, sports lawyers are bound by professional ethical obligations to act solely in the athlete’s legal best interests.
Sports lawyers assist with:
- Reviewing and negotiating contracts to ensure favorable and legally sound terms
- Identifying and mitigating legal risks within agreements
- Advising on NIL agreements, endorsement deals, and licensing arrangements
- Structuring business entities and protecting intellectual property rights
- Ensuring compliance with league rules, NCAA regulations, and state NIL laws
- Handling disputes, arbitration, or litigation when necessary
Sports lawyers focus on protecting the athlete rather than selling opportunities. Their role is risk management, legal protection, and long-term security.
While agents may negotiate contracts, sports lawyers provide the legal analysis necessary to ensure contracts do not expose athletes to hidden risks, unfavorable clauses, or long-term liabilities.
Key Differences Between Sports Agents and Sports Lawyers
Although both professionals may participate in contract negotiations, their roles, responsibilities, and obligations differ significantly.
Primary Role
- Sports Agent: Business representative focused on maximizing opportunities and income
- Sports Lawyer: Legal advisor focused on protecting the athlete’s legal and financial interests
Scope of Services
- Sports Agent: Contract negotiation, endorsements, marketing, career management
- Sports Lawyer: Contract review, legal advice, dispute resolution, entity formation, compliance
Compensation Structure
- Sports Agent: Commission-based, typically a percentage of contracts and endorsements
- Sports Lawyer: Hourly rate, flat fee, or structured legal fee arrangement
Legal Authority
- Sports Agent: Cannot provide formal legal advice unless they are also a licensed attorney
- Sports Lawyer: Licensed to provide legal advice, interpret contracts, and represent athletes in legal matters
Ethical Duties
- Sports Agent: Fiduciary duties exist but are governed primarily by agency law and certification requirements
- Sports Lawyer: Bound by strict professional ethics rules and legal malpractice standards
When Does an Athlete Need a Sports Agent?
Athletes typically engage a sports agent when they are ready to pursue professional opportunities or significant endorsement deals.
An athlete may need an agent when:
- Entering a professional draft or negotiating a professional playing contract
- Seeking endorsement and sponsorship opportunities
- Building and monetizing their personal brand
- Navigating professional career opportunities domestically or internationally
Agents are particularly valuable in creating opportunities, negotiating compensation, and positioning athletes for career growth.
When Does an Athlete Need a Sports Lawyer?
Athletes should engage a sports lawyer whenever they are entering into legally binding agreements or facing situations that involve legal risk.
An athlete should strongly consider hiring a sports lawyer when:
- Signing a professional contract
- Entering NIL agreements or endorsement deals
- Reviewing agency agreements before signing with an agent
- Forming business entities or managing brand assets
- Facing disputes with teams, agents, sponsors, or partners
- Navigating complex revenue-sharing arrangements
Importantly, athletes should have a sports lawyer review agent agreements before signing with an agent. These agreements often include commission terms, exclusivity provisions, and termination clauses that can significantly impact an athlete’s future.
Do Athletes Need Both?
In many cases, the most effective representation includes both a sports agent and a sports lawyer working collaboratively.
The agent focuses on creating and negotiating opportunities, while the sports lawyer ensures those opportunities are structured in a way that protects the athlete’s rights and long-term interests.
This dual representation helps ensure:
- Opportunities are maximized
- Legal risks are minimized
- Contracts are both financially favorable and legally sound
- The athlete’s career and financial future are protected
Conclusion
Sports agents and sports lawyers serve complementary but distinct roles in supporting athletes. Agents focus on business opportunities and career advancement, while sports lawyers provide the legal protection necessary to safeguard an athlete’s rights and long-term interests.
As the sports industry becomes increasingly complex, athletes at all levels benefit from understanding when and how to engage each professional. Having the right team in place is not just about maximizing earnings—it is about protecting a career, a brand, and a future.
If you are an athlete considering whether to work with an agent or a sports lawyer, the Harris Law Firm can help you understand the differences, evaluate your options, and protect your legal and financial interests as you navigate your career.
About the Author
Machia Mullens is a third-year law student at the University of Colorado Law School with a focus on sports law and athlete advocacy. Drawing on her experience as a former Division I student-athlete, she has worked on NIL, revenue sharing, and compliance matters through law firms, CU Athletics, and the CU Law's NIL Practicum. She currently serves as a law clerk at The Harris Law Firm and will join the firm full-time as a sports attorney after graduation.
