By Jean Baptiste Guillot, Partner and Virginie molho, Counsel
The National Bar Council publishes a guide for sports attorneys
Following the judgment rendered by the Court of Cassation on March 29, 2023 (see our publications dated June 12 and 14, 2023), Ms. Laurence Junod-Fanget President of the rules and practices commission of the National Bar Council (CNB) recalled that if this judgment clarified the role and functions of the attorney representing an athlete and the sports agent, it in no way called into question the mission framed by law for the lawyer as agent of an athlete or a sports club.
It is in this context that the CNB has formed within itself a working group relating to the sports attorney lawyer with a view to carrying out a vade mecum ; this guide is intended to remind or clarify the conditions for exercising the activity of the sports attorney lawyer the main points of which are listed below.
- Nature of the mission of the sports attorney lawyer:
The sports attorney must respect the rules of the legal profession incompatible with a commercial activity or the exercise of any other profession.
The mission of sports agent is considered as a specific activity, distinct from commercial activity.
- Distinction between the sports attorney and the sports agent :
The sports attorney lawyer and the sports agent are two distinct professions, the lawyer providing legal security thanks to his ethics.
The sports attorney lawyer is not a broker and his role focuses on representation and legal advice.
- Mandatory Formalities:
The lawyer must declare his mission as sports agent to the Order and communicate the contracts to the sports federation concerned.
- Prohibitions:
There is a ban on double mandate and intermediation to avoid conflicts of interest.
- Remuneration:
The lawyer is paid by his client, with a remuneration limit set at 10% of the contract.
- Use of CARPA / Insurance:
The sports attorney can use CARPA to manage funds related to his missions.
The activity of sports agent is normally covered by the lawyer's professional liability insurance.
- Sanctions:
Breaches of the obligations of the sports attorney may result in ethical and criminal sanctions.
We welcome this new tool which will be very useful for sports attorneys as part of their professional practice.
Jean-Baptiste Guillot
Partner
Jean-Baptiste Guillot handles mergers and acquisitions, strategic partnerships, commercial law, company law and contract law matters, with a particular focus on international transactions for Canadian, British and French companies.
Virginie molho
Counsel
Virginie has acquired a solid expertise in sports law allowing her to support players in the sports industry in all types of legal issues in commercial law, company law, association law and social law applied to sport.