The sport business has come to use the law commercially to achieve its ends, and sport lawyers are specialists in advising those involved in the industry. They apply a range of existing legal and commercial skills to the business of sport.
Traditionally, work has involved advising governing bodies such as the Lawn Tennis Association or the Professional Golfers’ Association in relation to their constitution and regulations, their relationships with their members (including disciplinary matters), their finances and structures, and their relationships with other organisations. Transactions could include arranging and promoting large tournaments and events, including sponsorship agreements and, in some cases, TV production and distribution agreements.
Ongoing work might involve advising football clubs in relation to image rights arrangements with professional footballers, or in some cases advising professional sportsmen and women about endorsement, sponsorship arrangements and image rights, including trade marks. Your work will appear in the back pages of the newspapers and will give you a good excuse to start there first! The skill for a sport lawyer is to look beyond the excitement of the industry and focus clearly on the technical and business issues that affect your client and the deal. Quite often your client will be a sports administrator – someone who has to tread the fine line between the ethics and politics of the sport and the needs of a successful and profitable business – and they will be in need of focused commercial solutions that work for their sport.
Transaction teams tend to be small, with a close working relationship with the client’s personnel. Face-to-face meetings and personal relationships are really important, and meetings quite often get scheduled in interesting locations with tournament preparations going on behind the scenes. Travel is a big part of the job, at least around the UK, but traditionally the sport industry stops for a drink and a chat at the end of the day – just don’t suggest any competitive activities – you will lose!
The sport sector can be more recession-proof than other areas. Recently broadcasters paid nearly £1.8 billion for the English Premier League rights – five per cent more than last time, which is remarkable given the economic climate. But beyond these highlights, the fact is sport is a discretionary spend so it is bound to be affected by recession. There will always be sport deals though; what recent trends have shown is that figures may just be a bit lower. Now is probably a great time for investors and sponsors to get involved.
Trainees will get the opportunity to work on their own matters, individual sponsorship arrangements involving drafting and negotiating. They will also participate in project teams on larger transactions such as venue agreements. They will have to work on detailed documents (such as rules and regulations of professional sports bodies) with a painstaking attention to detail. They will need to show confidence and a willingness to engage with clients and explain both legal technical and business issues clearly. Patience is key: often transactions take a long time to negotiate, as sports administrators have many other calls on their time.
ANDREW BRAITHWAITE is a partner in the commercial group of OSBORNE CLARKE specialising in sports law and intellectual property. He graduated from the University of Southampton with a degree in law.