Categories
Sports Law

Model Rule 7.1 – Communications Concerning A Lawyer’s Services

Joshua Knipp, a 2L at Wake Forest University, asked me an interesting question via email:

I am involved in a Law Practice Management class at Wake and we are setting up our law firm practice. My group naturally is a sports law firm and our slogan states, “Elite Athletes, Elite Representation, Elite Results”. Our professor has pointed out that this could be a grey area under 7.1 of the Model Code of Professional Responsibility. It is clear that you can not use “best” but we have found nothing that would limit the use of “elite”.

I just thought that with your organization of resources that you may be able to point me in the right direction on furthering my knowledge of this topic. Thanks, and I look forward to your response.

Best Regards,

Josh Knipp

—

For some reason, I really enjoyed studying Professional Responsibility last semester, which is a subject that most law students find to be very dry. I did my best to offer a brief response last night before American Idol came on (yes, I am a victim of pop culture). Here it is:

Josh-

I am looking over Rule 7.1 right now. We actually skipped the 7 Rules in Professional Responsibility class. All it says is that your information cannot be false OR misleading. Are you misrepresenting a fact or law OR omitting a fact necessary to make your statement not misleading? I personally would say no. Oftentimes, looking at the Comments will provide you more insight, however.

Your statement may run afoul of the Rule according to Comment [2] in the area that reads, A truthful statement is also misleading if there is a substantial likelihood that it will lead a reasonable person to formulate a specific conclusion about the lawyer or the lawyer’s services for which there is no reasonable factual foundation. 2 questions: 1) is there a substantial likelihood 2) that a reasonable person would formulate a falsity from your statement? Also, if you are actually offering Elite Services to Elite Athletes, then there is nothing to worry about.

You can also always protect your ass with a disclaimer. 🙂

—

What do you think of the response? Am I way off base? I would imagine that it would be a different scenario had the agency claimed Elite Athletes and Elite Services if it had absolutely no clients under its belt. Remember, these Model Rules only apply if the agent is a lawyer or the Managers of the agency are attorneys.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.

One reply on “Model Rule 7.1 – Communications Concerning A Lawyer’s Services”

“Elite results” might get you in trouble because it infers a likelihood of success that attorneys generally cannot convey. In the real world, though, no one would ever be sanctioned for something this grey.

Comments are closed.