Sports Are Big Business, So Stop Playing Games: Why Federal Regulation Should Require Every Sports Agent To Possess a J.D.

Brian Charles Lea, University of Georgia

Abstract

Media accounts frequently record the unethical and incompetent activities of some members of the athlete representation industry. While published legal opinions often make specific references to such activities, the courts have demonstrated an inability or unwillingness to appropriately punish these agents. State laws have attempted to address these problems, but these laws often prove inadequate. Additionally, these laws lack the uniformity necessary to regulate this nationwide industry. Federal law, while attempting to uniformly regulate this industry, has not offered athletes an explicit cause of action against sports agents who have harmed them. To properly address these concerns, legislators must pass a federal law requiring every sports agent to complete a legal education from an A.B.A. accredited law school and to pass the bar examination in a U.S. jurisdiction. This will offer athletes protection ex ante, as agents will be better prepared to offer quality services, and ex post, as athletes will possess the ability to recover from agents who have harmed them through a lawsuit for malpractice.