Can a lawyer with a sports-law practice tell college athletic directors and coaches he is available to represent athletes, and run that player representation from his regular law office?

Plain-English summary

An attorney with a "sports law" practice represented athletes in contract negotiations, handling that work through the same office from which he ran a private general law practice. He asked two things: whether he could advise college athletic directors and coaches of his sports-law practice and his representation of athletes (without naming specific athletes) and inform them he was "available," and whether the player representation could be carried on in his law office.

The committee addressed the second question and treated it as the heart of the inquiry: whether representing athletes is actually the practice of law, given that nonlawyers frequently negotiate contracts and provide business counseling. The committee concluded that when an attorney in private practice represents a client in contract negotiations and general business counseling, those activities constitute the practice of law, so it was professionally proper to handle them from the same office in which he engages in the general practice of law.

The opinion referenced Rule 2-103(a) and ABA EC 2-8. The Board of Governors later affirmed the Digest point on conducting the practice from the law office (Digest 2) in July 2010, while the separate point on advising athletic directors and coaches (Digest 1) was overruled in January 1991.

Currency note

This opinion was issued in 1980, under the former Illinois Code of Professional Responsibility and before Illinois adopted the 2010 Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in part (Digest 2) in July 2010 as generally consistent with the 2010 Rules (Rules 7.1, 7.2, 7.3, and 7.4) and overruled the other part (Digest 1) in January 1991, while cautioning that the specific standards referenced may differ from the 2010 Rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Is representing athletes in contract negotiations the practice of law?

A: The committee concluded that contract negotiation and general business counseling for a client constitute the practice of law, even though nonlawyers also perform those tasks.

Q: Can a lawyer run a sports-law player representation practice from his regular law office?

A: The opinion concluded that, because the representation is the practice of law, it was professionally proper to handle it from the same office in which the lawyer engages in the general practice of law.

Q: Did the committee approve telling athletic directors and coaches the lawyer was available?

A: That separate point (Digest 1) was later overruled by the Board of Governors in January 1991; the affirmed holding addresses conducting the practice from the law office.

Background and rules framework

The opinion applied Illinois Supreme Court Rule 2-103(a) (recommendation of professional employment) together with ABA EC 2-8, against the question of what constitutes the practice of law. The Board's 2010 affirmation maps the affirmed portion to current Illinois Rules of Professional Conduct 7.1, 7.2, 7.3, and 7.4, corresponding to ABA Model Rules 7.2 (advertising) and 7.3 (solicitation).

Citations and references

Rules of Professional Conduct:

• Illinois Supreme Court Rule 2-103(a); ABA EC 2-8 (applied in the opinion)
• Illinois RPC 7.1, 7.2, 7.3, 7.4 (2010 equivalents per the Board's affirmation)
• MR 7.2 (advertising); MR 7.3 (solicitation)

Other opinions cited:

• The opinion does not cite other ISBA opinions by number.

See also

• ISBA Ethics Op. 705: Lawyer Acting on Claims a Corporation Solicited
• ISBA Ethics Op. 749: Advertising a Degree and Field of Concentration
• ISBA Ethics Op. 702: Mailed Branch-Office Firm Announcements

Source

• Landing page: https://www.isba.org/ethics/opinions/700