Articles & Publications 05.25.23

College Athletes Making Money Raises Ethical Hurdles for Lawyers, published in Bloomberg

In an article published on 5/25 in Bloomberg, Carla Varriale-Barker discusses the opportunities that exist for collegiate athletes to monetize their name, image, and likeness (NIL). The 2021 ruling by the US Supreme Court in National Collegiate Athletic Association v. Alston creates legal and ethical challenges for attorneys representing these young athletes in potentially sophisticated and lucrative agreements.

She writes, "NIL lawyers—or those who would be—have a special responsibility, particularly to the young and vulnerable college athletes who are wading into the NIL waters for the first time. The overarching themes of competence, transparency, candor, confidentiality, and loyalty to their college athlete client are paramount."

There are several competing regulations and requirements that lawyers must be cognizant of. These include a patchwork of NCAA requirements, state laws, individual school rules, and more. It is imperative that lawyers who serve the sports industry and represent young athletes understand all aspects of ethical and professional responsibility to provide the highest level of counsel to these young athletes. 

To read the story in full, click here.