NIL Agent vs. NIL Attorney: Who Does What
An agent finds and negotiates opportunities and is usually paid a share of the deals they bring in. An attorney advises on your rights, reviews and negotiates terms, and owes you duties of confidentiality and loyalty. Many athletes have both. Whatever you sign should get legal review.
NIL agent
An agent finds and negotiates marketing opportunities, such as endorsements, appearances and brand deals, under the terms of their agreement with the athlete.
- You want help finding and negotiating marketing opportunities
- You want someone working on new opportunities over time
NIL attorney
An attorney advises on your legal rights, reviews and negotiates terms, and owes you duties of confidentiality and loyalty.
- You have an offer or agreement in front of you
- You want legal review before you sign
Side by side
4 questions to ask about each option.
Finds and negotiates marketing opportunities.
Advises on legal rights and reviews and negotiates terms.
Usually a share of the deals they bring in, as set out in the agent agreement.
Fees fit the engagement and are agreed in writing, for example a flat fee for a defined review or a retainer for ongoing counsel.
Set by the agent agreement and any rules that apply to agents in your state or sport.
Professional duties of confidentiality and loyalty, along with the terms of the engagement.
What they are paid and on what, what they will and will not handle, and how the relationship ends.
Who the client is, the scope, staffing and fees, and how the engagement ends.
| Dimension | NIL agent | NIL attorney |
|---|---|---|
Main role | Finds and negotiates marketing opportunities. | Advises on legal rights and reviews and negotiates terms. |
How each is paid | Usually a share of the deals they bring in, as set out in the agent agreement. | Fees fit the engagement and are agreed in writing, for example a flat fee for a defined review or a retainer for ongoing counsel. |
Duties to you | Set by the agent agreement and any rules that apply to agents in your state or sport. | Professional duties of confidentiality and loyalty, along with the terms of the engagement. |
What to confirm in writing | What they are paid and on what, what they will and will not handle, and how the relationship ends. | Who the client is, the scope, staffing and fees, and how the engagement ends. |
When do you need one, the other, or both?
If you want help finding and negotiating marketing opportunities, an agent may fit. If you have an offer, a revenue-share agreement or any other contract in front of you, it should get legal review. Many athletes work with both: an agent on opportunities and an attorney on rights and terms.
What should you ask anyone you are considering?
Ask the same questions of an agent, an attorney or any other advisor:
- What are you paid, and on what?
- What will you handle, and what will you not handle?
- Who else do you represent?
- How do I end the relationship?
How do you put the roles in writing?
Each person should have a written agreement that states what they will do, what they are paid and on what, and how the relationship ends. When you work with more than one advisor, make sure the agreements fit together, so it is clear who handles which part of a deal.
How to choose
Pick the people, put each role in writing, and make sure someone with a duty to you is reading the fine print.
Frequently asked
Can I have both an agent and an attorney?+
Yes. Many athletes do. Put each role in writing so it is clear who handles opportunities and who handles legal review.
How are agents and attorneys paid?+
Agents are usually paid a share of the deals they bring in. Attorney fees fit the engagement and are agreed in writing. Ask anyone you are considering what they are paid and on what.
Should an agent agreement get legal review?+
Yes. It is a contract like any other, and an attorney can explain its authority, payment, exclusivity and exit terms before you sign.
Related
Updated November 14, 2026. General information for operators evaluating options—not legal advice on your specific situation.