Women's History Month - Female Sports Lawyers Pioneers

By: NYSBA Entertainment and Sports Law Section Sports Committee Co-Chairs

Pam Lester & Jill Pilgrim

During Women’s History Month, we join the New York State Bar Association in commemorating and celebrating women attorneys, specifically female sports attorneys.

There is no one definition for the term “sports lawyer.” It includes sports agents who are lawyers as well as in-house counsel for sports entities or entities/individuals involved in the sports industry (e.g., equipment manufacturers, insurance companies, arenas, leagues, players associations, coaches, etc.) as well as outside counsel providing specific advice or litigation services for sports clients.

Likewise, there is no exact definition of sports law. The sports industry involves many legal issues: contracts, labor, antitrust, intellectual property, immigration – the list goes on.

What sets sports law apart are the individual industry and entity issues, making it imperative that sports lawyers understand the culture and inner workings of the sport(s) they serve.

When we graduated from law school in the early to mid-1980’s, sports law was an emerging field, populated almost entirely by men. In fact, we know of only two women full-time sports lawyers who preceded us, Sara Fornaciari and Maidie Oliveau , both of whom worked at Dell, Craighill, Fentress and Benton/ProServ starting in the late 1970’s. (Apologies for those we may have omitted.) ?

For most of our careers, we were usually the only women lawyers in the room. At the time, sports law and industry conferences had few women in attendance and one or two panelists, at most.

Today, however, women have made great strides in both legal and business positions in the sports industry, serving as general counsels, CLO’s, athletic directors and senior level executives in every male and female major professional and Olympic sport.

Although we have many stories about what we faced as “pioneers” in the sports industry, we decided to share some advice based upon what worked for us with the hope that it will help others advance their careers and create their own history in the sports industry.

Being an athlete and a sports fan is not enough: Perhaps having been an athlete helps get you in the door, but no one hires someone based upon being a sports fan or former athlete unless they bring something else to the table.

In any interview, it’s important to focus on what the employer is seeking and how you can help, not just that you want to work in the business.

“I encourage you not to start any conversation about how to become a sports lawyer with “I am a super sports fan” or “I love [name sport], I watch every game.”?There are billions of sports fans around the world.?Most of them will never be sports lawyers, for many different reasons.

I suggest a lead sentence like “My experience as an athlete in [name sport] has led me to research and investigate how I can use my skills/lend my talents [name talent or skill] to help improve the sports landscape for [name a specific constituency within sports].” Of course, you can only say what’s true.” - Jill Pilgrim

Understand the Culture: To be an effective lawyer or executive in the sports industry, we need to understand not only the legal and business aspects, but also the culture of the sport as well as those participating in and working in those sports, and of course, the culture of our working environments.

Although there are similarities, there are also significant differences between major league team sports, college sports, amateur sports, individual sports, and Olympic sports. Negotiations in the boxing world tend to look quite different from, for example, negotiations between a sports agency and an athletic shoe company. We can’t generalize, but it helps to be aware and accepting of cultural differences in all respects.

Join Professional Associations: Sports, like many businesses, is a relationship business where lawyers are actively engaged in both legal and business roles, so connections and continuing education on both law and business issues are critical.

As young lawyers, we were both active in various sports law committees and organizations, exposing us to the most senior lawyers in the industry at the time. Working with them (as opposed to for them), helped us gain experience running programs and helped us develop our public speaking skills.

Over time, we held senior positions at a number of professional associations. In fact, we met across the table from each other at a Sports Law Committee meeting of the Association of the Bar of the City of New York and are currently co-chairs of the Sports Committee of the NYSBA Entertainment, Arts and Sports Law Section.

In addition to EASL, we recommend joining the Sports Lawyers Association and attending its annual conference. In addition, look into the American Bar Association and other state bar associations which all have sports law committees looking for participants.

Network, Network, Network:?Sports is a relationship business. Do what you can to expand your network. Most likely, your next opportunity will come from a friend, colleague or other contact recommending you because they respect your work ethic, professionalism, knowledge and commitment to enhancing your knowledge. This is why the next tip is so important.

Protect Your Reputation: No job is worth risking your reputation for no matter how much you want to work in the business.?Be careful about who you work for. Do your due diligence on any future employer.

Pam’s first job offer (which she declined) came from an individual sports agent who eventually was indicted on charges he embezzled money from his pro sports clients. And of course, today, in the age of social media, a reputational hit can last for a lifetime.

Be mindful of what you post on social media, say on panels, or publish in articles. Guard your reputation zealously.?If you post on social media, keep it positive and noncontroversial.?However, if you are an expert in an area, posting on social media is a means of polishing and maintaining your reputation.?

Write and Speak: Publishing and speaking at sports-related CLE programs will help build your reputation, will introduce you to new people in the industry and will force you to keep current on issues. While both of us have extensive public speaking experience, Jill has in the past written extensively on a number of sports-related issues.

Teach: Both of us have taught sports law and business skills at law and/or business schools. ?Jill has been teaching sports law in various law school and masters-level sports management programs since 2011.?She is currently teaching a sports arbitration seminar at Columbia Law School.?

Pam taught sports law at both American and Fordham University Law Schools and speaks weekly on negotiation in her Negotiation and Persuasion Club on the Clubhouse social audio app.

Teaching is a great way to build experience and keep up to date on issues, while giving back to the community and raising your visibility. Neither of us had access to sports law courses when we were in law school, but today sports law courses are common. ?

If you have worked in the sports law or business space and gained knowledge about the industry, teaching or co-teaching a sports law or business course is a great option.?Assuming the relevant knowledge, skills and enthusiasm, inquire at your local law and business schools about teaching opportunities.

Recognize Opportunities: The sports business is all about making deals – and recognizing opportunities to make those deals. Improving this skill also helps us recognize opportunities for ourselves. It may take time to get into the business, but with patience you will build connections, gain knowledge and be ready to recognize and take advantage of opportunities that come to you.

If you’re offered an opportunity for what you consider the “wrong reason,” e.g., to fill a diversity slot, that’s their problem; do what’s best for you. Take it if it fits your current and long term goals and aligns with your values. However, if your value is not being recognized and/or your skills are not being enhanced in any position, use it as a stepping stone to the right sports job for you.?

Mentor Others: Mentorship is important to help new attorneys find their way in the business. We didn’t have women role models and mentors, as there weren’t any senior women where we worked. ?

We mentored each other as we rose through the ranks of the sports legal industry.?We were also mentored by male allies. In turn, we mentor others, both male and female. ?Let us not forget where we came from and help others to achieve their goals. And remember, someone at your next great sports job may ask a former mentee for a reference for you.??

We look forward to supporting and mentoring the generation of women sports lawyers and executives to come, and celebrating your progress. Happy Women’s History Month!?

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Pam Lester & Jill Pilgrim