--- title: "NIL Agent vs. NIL Attorney: Who Does What | Jacobs Counsel" url: https://jacobscounsellaw.com/compare/nil-agent-vs-nil-attorney description: "How NIL agents and NIL attorneys differ in role, duties and pay, when athletes use one or both, and how to put each role in writing." lang: en --- Skip to main content All comparisons (https://jacobscounsellaw.com/compare) Sports & NIL · Comparison # 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. Option A ## 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. May fit when - You want help finding and negotiating marketing opportunities - You want someone working on new opportunities over time Option B ## NIL attorney An attorney advises on your legal rights, reviews and negotiates terms, and owes you duties of confidentiality and loyalty. May fit when - 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. Main role NIL agent Finds and negotiates marketing opportunities. NIL attorney Advises on legal rights and reviews and negotiates terms. How each is paid NIL agent Usually a share of the deals they bring in, as set out in the agent agreement. NIL attorney 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 NIL agent Set by the agent agreement and any rules that apply to agents in your state or sport. NIL attorney Professional duties of confidentiality and loyalty, along with the terms of the engagement. What to confirm in writing NIL agent What they are paid and on what, what they will and will not handle, and how the relationship ends. NIL attorney 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 - NIL counsel for athletes and families: https://jacobscounsellaw.com/nil-advisory - Counsel for athletes and NIL: https://jacobscounsellaw.com/clients/athletes - How do I get a college NIL offer in writing?: https://jacobscounsellaw.com/answers/how-do-i-get-a-college-nil-offer-in-writing - NIL collective deal vs. direct brand deal: https://jacobscounsellaw.com/compare/nil-collective-deal-vs-direct-brand-deal Updated November 14, 2026. General information for operators evaluating options—not legal advice on your specific situation. ## Want to talk it through? Choose a complimentary 15-minute fit-and-intake call with Jamee (no legal advice), or a paid 30-minute attorney strategy session with Drew ($350). Scope, fees, timing and the responsible attorney are agreed for the matter. View call options (https://jacobscounsellaw.com/book-consultation) ## More comparisons - Engagement Model Ongoing Counsel vs. Matter-by-Matter Counsel https://jacobscounsellaw.com/compare/full-stack-counsel-vs-traditional-outside-counsel - Engagement Model Fractional General Counsel vs. In-House Counsel https://jacobscounsellaw.com/compare/fractional-gc-vs-in-house-counsel - Firm Type AI-Assisted Legal Work vs. Conventional Workflows https://jacobscounsellaw.com/compare/ai-native-law-firm-vs-legacy-law-firm - Sports & NIL NIL Collective Deal vs. Direct Brand Deal https://jacobscounsellaw.com/compare/nil-collective-deal-vs-direct-brand-deal ## Structured data ```json [ { "@context": "https://schema.org", "@graph": [ { "@type": [ "Organization", "LegalService" ], "@id": "https://jacobscounsellaw.com/#organization", "name": "Jacobs Counsel LLC", "alternateName": "Jacobs Counsel", "url": "https://jacobscounsellaw.com", "logo": { "@type": "ImageObject", "@id": "https://jacobscounsellaw.com/#logo", "url": "https://jacobscounsellaw.com/logo-dark.jpg", "contentUrl": "https://jacobscounsellaw.com/logo-dark.jpg", "caption": "Jacobs Counsel LLC" }, "image": { "@id": "https://jacobscounsellaw.com/#logo" }, "description": "Jacobs Counsel is a boutique law firm for ambitious businesses and the people behind them, providing ongoing outside counsel, contracts, transactions and brand protection, with focused experience in gaming, sports and entertainment. 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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.", "url": "https://jacobscounsellaw.com/compare/nil-agent-vs-nil-attorney", "datePublished": "2026-11-14", "dateModified": "2026-11-14", "articleBody": "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.\n\nAn agent finds and negotiates marketing opportunities, such as endorsements, appearances and brand deals, under the terms of their agreement with the athlete.\n\nAn attorney advises on your legal rights, reviews and negotiates terms, and owes you duties of confidentiality and loyalty.\n\nMain role: Finds and negotiates marketing opportunities. Advises on legal rights and reviews and negotiates terms.\n\nHow 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.\n\nDuties 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.\n\nWhat 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.\n\nWhen do you need one, the other, or both?\n\nIf 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.\n\nWhat should you ask anyone you are considering?\n\nAsk the same questions of an agent, an attorney or any other advisor:\n\nWhat are you paid, and on what?\n\nWhat will you handle, and what will you not handle?\n\nWho else do you represent?\n\nHow do I end the relationship?\n\nHow do you put the roles in writing?\n\nEach 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.\n\nPick the people, put each role in writing, and make sure someone with a duty to you is reading the fine print.", "author": { "@type": "Person", "name": "Andrew R. 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