Despite <u>Oliver</u> ruling to allow legal counsel for student athletes more reform at NCAA needed Commentary
Despite Oliver ruling to allow legal counsel for student athletes more reform at NCAA needed
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Timothy Liam Epstein [Chair, Sports Law Practice Group, SmithAmundsen LLC]: "The Oliver opinion [PDF file] is a major victory for student athletes who find the process of testing the market increasingly difficult without jeopardizing their amateur status, especially with recognition of third-party beneficiary status to the relationship between the NCAA and a member institution. Surely the NCAA needs work, from the National Letter of Intent to Bylaw 12.3.2.1 to Bylaw 19.7, but I would like to see more of the reform come from within the NCAA itself.

Member institutions like Oklahoma State University find themselves in awkward positions of having to comply with NCAA rules while protecting the interests of its student athletes, which in a case like Oliver, creates a potential conflict. Furthermore, allowing student athletes to negotiate with professional teams without a lawyer, but not placing the same restriction on the professional team creates an unbalanced negotiation. While Bylaw 12.3.2 provides for lawyer assistance in review of a proposed contract, not allowing the lawyer in the room during negotiations of the same contract can be unworkable (what if mom/dad/guardian is a lawyer?). Keep in mind that the aforementioned contract lawyer must be compensated by the student athlete or his family. Some argue that pro-sports counseling panels are an available tool for use during negotiations (see Bylaw 12.3.4), but these panels are reported as underused. Finally, assuming the student athlete's allegations in the factual record to be true, the conduct of the Baratta's/Icon Sports speaks to the need for better agency regulation."

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