Direct in person solicitation

Facts

Attorney has a "sports law" practice and represents athletes in contract negotiations. The athletes he represents are handled through his law office from which he conducts a private law practice.

Question

May the attorney advise college athletic directors and coaches of his "sports law" practice and representation of athletes without naming any specific athletes that he represents, and inform the athletic directors and coaches that he is "available." Secondly, may the "player representation" be carried on in the attorney's law office.

Opinion

The question presented deals with whether an attorney may handle "player representation" from the same office in which he engages in the general practice of law. It would appear, therefore, that the attorney making this inquiry questions whether the representation of athletes is actually the practice of law in that it may include a wide range of business counseling, as well as contract negotiation. This doubt could be prompted by the fact that nonlawyers frequently engage in these activities.

The committee is of the opinion that, when an attorney engaged in the private practice of law represents a client in contract negotiations and general business counseling, these activities constitute the practice of law and it would be professionally proper to handle them from the same office in which he engages in the general practice of law.

References

• Rule 2-103(a)
• ABA EC 2-8

Note

This Opinion was AFFIRMED as to the Digest 2 by the Board of Governors in July 2010. Digest 1 was OVERRULED by the Board of Governors in January 1991. Please see the 2010 Illinois Rules of Professional Conduct 7.1, 7.2, 7.3, and 7.4. This opinion was affirmed based on its general consistency with the 2010 Rules, although the specific standards referenced in it may be different from the 2010 Rules. Readers are encouraged to review and consider other applicable Rules and Comments, as well as any applicable case law or disciplinary decisions.