Business Law Case Study

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$400,000 to join the club. Oliver rejected the offer and decided to attend OSU. In 2008 Oliver decided to terminate his relationship with the attorney he hired. Afterward Oliver received an invoice for about $115,000 for the attorney’s services. Prior to that point the attorney made no attempt to collect any payment. The attorney also reported Oliver to the NCAA for violating his amateur status. The NCAA investigated and suspended Oliver for one year. The plaintiff was reinstated shortly after. Oliver was suing the NCAA in connection to the suspension because of the No Agent Rule.

Legal issue: Whether or not the NCAA Bylaw 1.3.1., or the No Agent Rule, is enforceable. The bylaw would mean that the defendant’s policy would prevent a lawyer …show more content…
A lawyer’s presence during such discussions is considered representation by an agent [which is not permitted].”
NCAA Bylaw 1.3.1

The bylaw states that the student athlete can consult with an attorney. However, the attorney cannot negotiate a contract for them with a professional sports team. The court noted that the client/ student athlete will not know what the attorney is doing for them, and neither will the defendant. The evidence shows that the rule is impossible to enforce, and it is being enforced “selectively.”
Application:
1. The rule improperly attempts to regulate attorneys. The rule of the NCAA makes an impossible situation for the attorney. They can help the client, but they would violate the NCAA’s rules, or they could let the client negotiate with a highly experienced negotiator for the pro team. In both cases they neglect their duty: “The attorney’s duty is to represent his client competently.” The court found that the State, not the NCAA can regulate the actions of the

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