Ten Questions Athletes Should Ask Before Hiring A Sports Agent

Selecting a sports agent is one of the most important decisions an athlete makes. Thanks to NIL, athletes are hiring agents younger than ever–in some cases as high school students. As the need for representation grows, here are ten questions athletes should ask before hiring a sports agent.

1. Are you registered? Depending on the state, the agent may be required to be registered. Many states have adopted a version of the Uniform Athlete Agents Act, a law governing sports agents. Some states, like California, have enacted their own statutory framework governing sports agents. Notably, these laws require sports agents to register with the secretary of state or other state licensing official in every state where they recruit and represent talent. Registration requirements vary from state-to-state. Broadly, though, they serve as a checkpoint to ensure an agent is competent and not a criminal. Notably, these laws typically apply to both agents who secure and negotiate on-field or on-court compensation (playing contracts) and off-field or off-court compensation (endorsement and NIL deals) for clients.
2. Are you certified? Most team-based professional sport athletes in the United States (think, athletes in the NBA, NFL, WNBA, etc.) are unionized. Unions have delegated the responsibility to negotiate these athletes’ salaries to sports agents. In turn, the unions set and enforce the rules agents must follow when negotiating playing contracts for their athlete members. Thus, when hiring an agent in the United States to negotiate your playing contract, confirm whether they are required to be certified, and if so, that they are.
3. Are you licensed? It is not a requirement for an agent to hold a law degree. Some unions, like the NFLPA, which is the union representing NFL players, require agents to hold graduate degrees to become certified. Notably, this graduate degree can be in any field of study. However, if an agent you’re speaking with holds themself out to be an attorney, you should ask what state(s) they’re licensed in. You can then run a quick check with the respective bar association to see if any complaints have been filed.
4. What conflicts do you have? Once they begin representing you, a sports agent owes you a duty of loyalty and good faith. The duty of loyalty and good faith requires that an agent acts at all times solely in the best interests of the client. If an agent has conflicts of interest, this may prove difficult. For instance, assume that an agent represents two quarterbacks or top free agents in a respective draft class or free agency period. What guarantee can they give you that they will solely advocate for your best interest? This isn’t to say that they can’t–but they need to demonstrate how they will.
5. What would other clients say? It is said that the best predictor of future success is past success. Thus, what would the agent’s other clients say about their experience working with them? To this end, how would they rate their communication? Promptness? Attention to detail? Level of service? An agent selection is a huge decision; thus, it is fair to ask for references from other clients.
6. What are they promising? You may want an agent to promise exciting results they can achieve when they’re pitching you on their services. But did you know that such could be illegal? The Sport Agent Responsibility and Trust Act, commonly referred to as “SPARTA,” is a federal law governing sports agents. In part, the law requires agents to be truthful. If an agent makes a promise to a prospective client that they don’t know to be true, such could violate SPARTA. Further, both the UAAA and SPARTA prohibit agents from giving athletes inducements to sign with them. An agent claiming that they can direct an opportunity to an athlete–without proof of such–could violate these laws.
7. What services do you provide? The services sports agencies provide run the gamut. Some sports agencies are full-service firms, meaning that they provide athlete clients with a range of services, including playing contract negotiation, endorsement deal negotiation, financial advising services, philanthropic advising services, public relations services and more. Other sports agencies focus solely on sourcing and negotiating playing and/or endorsement deals for clients. Pros and cons exist for each model. It is important to consider what advisory and advocacy needs you have to fulfill your professional goals. Then, align yourself with the agent or advisors that best meet these needs.
8. What fee(s) do you charge? Depending on what service(s) you are hiring an agent for, different rules and laws govern the fees they can charge. For instance, unions representing professional athletes in the United States set caps on the fee agents can charge for negotiating playing contracts. As it relates to NIL or endorsement contracts, some state laws set upper limits on what agents can charge. However, some states are silent on the matter. In no case should an agent’s fee be unreasonable. It is best that you review your respective union and state’s rules governing agent fees. If they are silent on the matter, don’t be afraid to ask friends with agents, other agents or your athletic director or coach for guidance.
9. How do you communicate? Something that may surprise athletes is that they are the boss of the agent! In other words, the agent works for–and at the direction of–the athlete; not the other way around. Given this dynamic, it is important to ask the agent how they communicate with clients and keep up with them. Do they hold weekly meetings? Text throughout the day? Or is engagement more infrequent? How will the two sides come together to understand the client’s desires and build a strategy to achieve them? To this end, athletes must understand that the agent is required to disclose to the athlete anything they become aware of that interests the athlete. Additionally, they are required to obey the directions of the athlete, so long as the directions are not illegal, unethical or immoral.
10. What’s your vision? Finally, it is critical that the agent is able to share the vision they have for what they are being hired by the athlete for. In hiring an agent, the athlete is delegating authority to perform some task to the agent. For instance, if an athlete hires an agent for endorsement deals, the athlete is giving the agent the opportunity to enter the marketplace and secure such. To this end, athletes should think of themselves like CEOs hiring employees for their company. What attitude, interest and plan would you want an interviewee to share for such a role? What background, experience and talent would you want the person you hire to possess? An agent should be no different, and thus, should clearly communicate the vision they have for carrying out what you’re hiring them for.

Hiring a sports agent is a serious commitment. Thus, the above ten questions athletes should ask before hiring a sports agent provide important guidance in making that decision. The above is not legal advice. It is recommended that athletes engage legal counsel to assist in their agent selection process and review any agent representation agreement.