An NIL lawyer is a licensed attorney who works on name, image and likeness matters: reviewing and negotiating deal contracts, protecting an athlete's name and brand, and handling disputes and rules questions. "NIL lawyer" describes the work; the license itself is a state law license. An NIL agent solicits and negotiates deals, and a CPA handles taxes, so the three roles overlap but are not the same.
Educational information, not legal or tax advice. LLCAttorney.com is not a law firm.
What does an NIL attorney typically work on?
NIL work touches contracts, intellectual property, business setup and eligibility rules. An attorney can be involved in each.
- Contract review and negotiation. An NIL deal is any agreement where an athlete is paid in money, products or services for letting a company or person use the athlete's name, image or likeness. A lawyer can read the deal's terms, explain them, and negotiate changes before anyone signs.
- Name, image and trademark rights. The U.S. Patent and Trademark Office says an attorney experienced in trademark law can advise on whether a mark can be protected, prepare the application, run a clearance search, and help enforce the owner's rights. For athletes, the "mark" may be a name, nickname, number or logo.
- Business setup and tax coordination. Some athletes hold NIL income in an LLC. A lawyer can explain the legal side of the business, such as the operating agreement, while a CPA handles tax returns and planning. The IRS gives attorneys and CPAs, along with enrolled agents, unlimited rights to represent clients before the IRS.
- Rules and eligibility questions. The NCAA allows a deal when the athlete is paid for use of their NIL, the deal has a valid business purpose, and pay is within a reasonable range for similar deals. Division I athletes must report third-party NIL deals worth $600 or more in total to the College Sports Commission's NIL Go platform within five business days. High-school NIL rules vary by state and are not covered here.
- Disputes. These include disagreements with a brand over pay or deliverables. A Division I athlete whose deal is not cleared in NIL Go can also revise it, cancel it, or appeal to neutral arbitration that binds both sides.
NIL lawyer vs NIL agent vs CPA: who does what?
The three roles are licensed or registered differently and are usually paid differently. Rules vary by state; this table describes the general pattern.
| NIL attorney | NIL agent | CPA | |
|---|---|---|---|
| What they do | Legal review and negotiation of contracts; trademark and image rights; business documents; disputes; legal questions about state, school and association rules | Solicits and negotiates deals on the athlete's behalf, and may advise on finances, business or career decisions | Tax returns and tax planning; can represent clients before the IRS |
| License or registration | A law license in each state where the lawyer practices, issued by the state's courts or their designee, such as the state bar | In states that adopted the Uniform Law Commission's athlete agents act, registration with the state, generally before acting as an athlete agent | License from a state board of accountancy |
| How usually paid | Hourly, a fixed fee for a set task, or a contingent fee; the fee basis is communicated, preferably in writing, and, under the ABA Model Rules, a contingent fee must be in a writing the client signs | Set in the agency contract, which must state the agent's compensation | Agreed with the CPA or firm |
The NCAA says athletes may use an agent or marketing professional for NIL activities. In Delaware's version of the revised act, an "agency contract" includes an agreement that authorizes someone to negotiate or solicit a name, image or likeness agreement for the athlete, and an athlete agent generally must hold a state registration. The same Delaware law says a licensed professional such as an attorney, providing services customary to that profession, is not an athlete agent unless they also recruit or solicit the athlete into an agency contract, procure professional sports employment, or calculate their fee for the athlete differently than for clients who are not student athletes.
California law says schools and athletic associations may not stop a California college athlete from getting representation from athlete agents or attorneys, and that representatives must be licensed by the state.
Where do collectives fit?
A collective is a different kind of player again. The College Sports Commission treats an entity as "associated" with a school if it exists in significant part to support that school's athletics program or athletes, or to create NIL opportunities only for that school's athletes. An associated entity may pay an athlete for NIL use, but only for a valid business purpose and at pay comparable to similar people who are not athletes at that school. It may also act as a marketing agent that matches athletes with businesses.
In a June 23, 2026 memo, the College Sports Commission said it was investigating reports that entities tied to schools, such as collectives, were paying agents' representation fees on athletes' behalf to get around the revenue-sharing cap.
Which deal features make a contract more complex?
Every situation is different, and nothing here says what any one family should do. These are the deal features where the contract, or the law around it, tends to get more complex.
- Long or exclusive deals. Length and exclusivity decide what else the athlete can sign. In California, a college athlete may not sign an NIL contract that conflicts with a provision of the athlete's team contract. The College Sports Commission also says a deal with an associated entity cannot buy NIL rights for later use with no specific plan for how they will be used.
- Giving up rights to a name, likeness or logo. Contracts that license or assign these rights decide who controls them later. The USPTO describes the scope of trademark rights as one of the things a trademark attorney helps an owner understand.
- Larger sums. Under a policy that took effect July 1, 2026, the College Sports Commission checks pay against its range of compensation for any deal with an associated entity above $15,000, and for smaller ones of $600 or more once the athlete's associated deals pass $50,000 in an academic year.
- An athlete under 18. Rules for contracts signed by minors are set by state law. In California, for example, a minor can generally cancel ("disaffirm") a contract, but a court can approve certain contracts, including one to play a sport or work as a content creator, so it cannot be cancelled on that ground. Under Delaware's athlete agent law, the parent or guardian of a minor athlete may cancel an agency contract within 14 days of signing.
- A conflict with the school or its sponsors. California requires college athletes to disclose NIL contracts to a school official, and a school asserting a conflict must disclose the conflicting contract terms to the athlete or the athlete's legal representative.
How do families find and check an NIL lawyer?
Checking a law license. Lawyers are licensed state by state, by the state's courts or their designees, such as the state bar, and the licensing body can confirm whether a person holds a law license there. The American Bar Association's FindLegalHelp site links to the licensing agency for each state.
Bar referral services. The ABA keeps a directory of state and local bar association lawyer referral services, searchable by city and state. The ABA notes that referral services usually refer by area of law, and many have competency requirements for the lawyers they list.
Questions about experience. The ABA's consumer guide suggests asking how long the lawyer has practiced, what kinds of matters the lawyer handles most often, and whether most clients are individuals or businesses.
Questions about conflicts of interest. Under the ABA Model Rules, a lawyer generally may not represent a client when the work would be directly adverse to another client, or when there is a significant risk that duties to another client, a former client or a third person, or the lawyer's own interests, will materially limit it, unless each affected client gives informed consent, confirmed in writing, and other conditions are met. A lawyer may accept payment from someone other than the client, such as a family member or another party, only if the client gives informed consent, the payer does not interfere with the lawyer's independent judgment or the client-lawyer relationship, and the client's information stays confidential. For NIL, that makes it relevant whether the lawyer or firm also works for the school, a collective, an agent or the brand.
Fee terms in writing. The ABA Model Rules say the scope of the work and the basis or rate of the fee shall be communicated to the client, preferably in writing, before or within a reasonable time after the work starts. States set their own ethics rules, and most model them on the ABA Model Rules.
Where does LLC Attorney fit?
LLC Attorney's guide to NIL LLCs for college athletes and families covers when an LLC may help with NIL income. LLCAttorney.com is not a law firm.
Frequently asked questions
There is no standard price; each lawyer or firm sets its own fees. The ABA says the most common billing method is a set amount for each hour worked. Other structures include a fixed fee for a defined task and a contingent fee, which depends on the outcome; under the ABA Model Rules, a contingent fee agreement must be in a writing the client signs and must state how the fee is calculated. A lawyer may ask for payment in advance but must return any unearned portion. The ABA suggests asking how fees are charged, about how much the whole matter will cost, and when bills are due.
No. An agent solicits and negotiates deals and, in states that adopted the athlete agents act, registers with the state. A lawyer holds a state law license and advises clients on the law. Some lawyers also act as agents. Under Delaware's law, a lawyer who recruits or solicits an athlete into an agency contract, or calculates their fee for the athlete differently than for other clients, counts as an athlete agent and must register.
The NCAA's NIL page says athletes may use an agent or marketing professional; it does not list hiring a lawyer as a requirement. High-school NIL rules vary by state, and contracts signed by minors follow state law. High-school prospects who plan to play Division I must report certain earlier NIL deals of $600 or more to NIL Go.
Contracts signed by minors are governed by state law. The engagement terms generally state who the lawyer's client is, and a parent who pays the fee is not automatically the client. Under the ABA Model Rules, when someone other than the client pays the fee, the client must give informed consent and the lawyer's independent judgment must not be affected.
Not by default. A lawyer hired by a collective represents the collective. Representing both sides of the same deal raises conflict-of-interest rules, which generally require each client's informed consent, confirmed in writing, and some conflicts cannot be waived.
Educational information, not legal or tax advice. LLCAttorney.com is not a law firm.
Sources
Retrieved or verified October 19, 2026. ABA pages marked "live" were read in a browser on that date; automated fetches of americanbar.org and leginfo.legislature.ca.gov return 403.
- NCAA, "Name, Image and Likeness" (student-athletes page). https://www.ncaa.org/student-athletes/name-image-likeness/
- College Sports Commission, FAQ. https://www.collegesportscommission.org/faq
- College Sports Commission, NIL page. https://www.collegesportscommission.org/nil
- College Sports Commission, memo "Update on NIL Deal Review and Agent Agreements," June 23, 2026, listed on https://www.collegesportscommission.org/guidance-memos. PDF: https://assets.tina.io/29b83311-e587-42b1-861e-87ebde9aa253/CSC%20Memo%20Update%20on%20NIL%20Deal%20Review%20and%20Agent%20Agreements%206.23.26.pdf
- Uniform Law Commission, Athlete Agents Act (2000; revised 2015; amended 2019). https://www.uniformlaws.org/committees/community-home?CommunityKey=cef8ae71-2f7b-4404-9af5-309bb70e861e
- Uniform Law Commission, "The Revised Uniform Athlete Agents Act (2015) (Last Amended 2019): A Summary," as filed with the North Dakota Legislative Council. https://www.ndlegis.gov/files/committees/66-2019/21_9394_01000appendixa.pdf
- Delaware Code, Title 24, Chapter 54, Delaware Revised Uniform Athlete Agents Act (§§ 5402, 5404, 5409, 5411). https://delcode.delaware.gov/title24/c054/index.html
- ABA Model Rules of Professional Conduct, Rule 1.5 (Fees) (live). https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_5_fees/
- ABA, Comment on Rule 1.5, comment [4] (live; the ABA amended the Rule 1.5 comments in August 2026, see Re-check). https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_5_fees/comment_on_rule_1_5/
- ABA Model Rule 1.7 (Conflict of Interest: Current Clients) (live). https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_7_conflict_of_interest_current_clients/
- ABA Model Rule 1.8(f) (payment from someone other than the client) (live). https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_8_current_clients_specific_rules/
- ABA, "About the Model Rules" (live). https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/
- ABA FindLegalHelp, "Lawyer Licensing" (live). https://www.americanbar.org/groups/legal_services/flh-home/flh-lawyer-licensing/
- ABA Standing Committee on Lawyer Referral and Information Service, Lawyer Referral Directory (live). https://www.americanbar.org/groups/lawyer_referral/resources/lawyer-referral-directory/
- ABA, "What billing method do most lawyers use?" (live, dated Sept. 18, 2026). https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/when-you-need-a-lawyer/lawyer-fees-billing/
- ABA, "What should I ask about fees and costs?" (live, dated Sept. 18, 2026). https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/when-you-need-a-lawyer/lawyerq-fees/
- ABA, "What sort of questions should I ask?" (live, dated Sept. 18, 2026). https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/when-you-need-a-lawyer/lawyerq-what-to-ask/
- ABA, "What about a local referral service?" (live, dated Sept. 18, 2026). https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/when-you-need-a-lawyer/lawyer-referral/
- USPTO, "Hiring a U.S.-licensed attorney." https://www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney
- IRS, "Understanding tax return preparer credentials and qualifications." https://www.irs.gov/tax-professionals/understanding-tax-return-preparer-credentials-and-qualifications
- California Family Code §§ 6710, 6750, 6751 (current text verified in a browser by the tax/UPL reviewer, A4-25). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6710. ; https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6750. ; https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6751.
- California Education Code § 67456 (last amended by SB 26, effective August 31, 2021; current text verified in a browser by the tax/UPL reviewer, A4-18). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=67456.
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