Since the Act of March 28 2011, the lawyer is expressly authorized to intervene as a sports agent. Bertrand accompanies Cabinet, as such, its sports customers (athletes, coaches and players) in monitoring their sporting careers.
AN EXPRESS AUTHORIZATION
La Act of March 28 2011 inserted Article 6ter to Law No. 71-1130 from 31 1971 December (reforming certain judicial and legal professions), which now provides in § 1 "Lawyers may, under the rules of their own, represent, as agent, one of the parties interested in the conclusion of one of the contracts mentioned in the first paragraph of Article L. 222-7 of the sports code".
The lawyer is expressly authorized to be the agent of a player, a coach or a sports club, to represent and negotiate on its behalf to the conclusion "a contract to be paid on the exercise of a sport or training, or providing for the conclusion of a work contract for the year paid a sporting or training activity"(Article L.222-7 Sports Code).
The intervention of the Cabinet Bertrand
EXPERTISE FROM 1973, FOCUS SERVICE SPORTS FOR THE NEGOTIATION AND CONCLUSION OF THEIR CONTRACTS
Since the early 70 years, Bertrand & Partner Cabinet developing know-how and recognized expertise in sports law through legal practice in the sports world.
As sports agent, Cabinet Bertrand & Partner intervenes to advise its sports clients, negotiate in their name and write all:
- employment contract,
- Contracts for participation in sports events.
The activity of sports agent lawyer as defined by the Act of March 28 2011 differs from sports agent activity as determined by Article L. 222-7 Sports Code (for explanation see our article "sports agent or representative"). Also, Bertrand & Associates Firm registered his sports agent activity in the context of a legal relationship with its more comprehensive client.
Moreover, as a lawyer, the tasks entrusted to Bertrand & Partner Cabinet extend:
- Legal advice, to advise and answer any questions that may arise in monitoring and evolution of the career of its customers (sports law and national and international sports regulations, labor law, civil and commercial contracts, family law, real estate law, tax law, heritage ...)
- Legal assistance for the negotiation and drafting of any contractual act:
- - Transfer contract,
- - Image license agreement (and more broadly personality attributes)
- - Sponsorship contract, sponsorship,
- - partnership contract,
- The legal aid before the national courts and international judicial, administrative and sports.
Our expertise is also based on its own case law database to Cabinet based on 40 years of practice. To this must be added to the permanent monitoring legislation, the sports rules issued by National or International Federations, without forgetting of course the case that the specific sport.
When discussion of the Act in the Senate (meeting of December 8 2010)The Rapporteur stated:
"The law of June 9 2010 [ION 2010-626 governing the profession of sports agent] was passed because the profession of sports agent was actually practiced by people sometimes lawless, who had no ethics and who were subject to any instance of professional discipline. It was therefore necessary to intervene to regulate and oversee the profession. Admit that the legal profession has developed a particularly old and ethics. It has disciplinary bodies , subject to review by the court of appeal. (...) the successful device allows a lawyer to act as an agent of the athlete, the coach or the club without having to obtain an agent license sports. Indeed, we can consider that the lawyer has sufficient qualifications to perform such an activity without a license, which would add nothing. "
Micher Mr. Mercier, Minister of Justice, Minister of Justice and Freedoms, added:
"Government shares your desire to moralize the sports world, that guided your work during the review of the proposed law governing the profession of sports agent. Legal certainty agreements can only be strengthened by the intervention a lawyer, a specialist legal advice and contracts: no one can deny that this is its core business this legal professional involved in a well known ethical framework, with the principles of. independence and prohibition of conflict of interest. His presence in sport is capable of protecting athletes and clubs. (...) "
To access the profession, the lawyer prepared the following oath: "I swear as Avocat perform my duties with dignity, conscience, independence, integrity and humanity".
In his professional and extra professional relations, the oath is the foundation of ethics and recalls basic principles of the profession.
Le principle of independence guarantees the citizen or business that the advice given to them will never be guided by personal interests or external pressure.
Le principle of loyalty that the lawyer can not advise or defend two parties whose interests are likely to oppose (rule of the prohibition of conflict of interest).
Le principle of confidentiality covers oral or written communications between lawyers and between lawyer and client, and the information may be known during exchanges with the opponent. This rule also applies in the context of negotiations within the framework of testimony. It also applies for items which he had knowledge in another case.
Le professional secrecy forbids the lawyer to reveal the third confidences or secrets he has received from its customers. It is general, absolute and unlimited in time, applies in all subjects of law and in all its areas of intervention (consulting, defense, ...). It must also make the respect by all its business partners (employees, employees, external stakeholders ...). In addition to an ethical duty, respect of confidentiality is a legal requirement whose violation is a criminal offense.
Un duty of information consulting and diligence also requires lawyers who must in particular inform the client about the chances of success of its business, potential remedies, the progress and evolution of the case and the predictable amount of his fees.
Un professional order vigilant: non-compliance with these ethical and professional obligations is likely to result, in parallel with the possibly criminal liability, disciplinary sanctions imposed by the Bar Association, under the control of the Court of Appeal.
Finally, the lawyer has a professional liability ensured.
Besides the obligatory respect for the Code of Ethics and of the essential principles of the profession, the Law of March 28 2001 wished to further strengthen the guarantees for the intervention of the lawyer as a sports agent.
Thus, failure by a lawyer of its obligations in terms of pricing or professional secrecy and those relating to the conclusion of a sports contract with a minor is punishable by two years imprisonment and 30 000 € fine as provided for in Article L.222-20 Sports Code.
The amount of the fine may be increased beyond 30 000 € up to double the amounts unduly paid for the violation of the rule prohibiting the fixing of fees based solely on the judicial outcome.
Breaches of the rules concerning payments of any kind received for the exercise of a sport by children sixteen and less subject to compulsory education are punished with a fine of € 7 500.
Concerning the remuneration of sports attorney lawyer, as for licensed sports agent, the amount of attorney's fees will not exceed 10% of the contract signed by the athlete or coach.
When several lawyers or lawyer and an agent involved, the total amount of their compensation also can not exceed 10% of the contract amount.
Only the client of the lawyer will pay him.
As part of the parliamentary debates of the Act of March 28 2011, some had expressed the wish to subject lawyers to the agent licensed by the sports federations.
Rejecting these proposed amendments, the legislature merely requires lawyers to disclose the contracts mentioned in the first paragraph of Article L. 222-7 Sports CodeAnd the agency agreement, to delegated federations or professional leagues (Article 66-5 amended Law No. 71-1130 from 31 1971 December).
Finally, the Act specifies that the sports federations are obliged to inform the president of the Bar to which the lawyer is registered if they find that it disregarded the requirements relating to content and communication of these contracts and mandate he received.
The barrister may initiate disciplinary proceedings in accordance with the laws governing the professions of lawyers (new Article L. 222-19-1 Sports Code).