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Sports law involves the legal issues at play in the world of both amateur and professional sport. It overlaps substantially with employment, contract law, competition law and tort. Defamation, intellectual property and privacy are also integral to sports law. Max Duthie studied law at the University of Cambridge and has always been a keen sportsman, but the idea of combining the two interests did not strike him immediately. After completing his LPC, Max qualified at Slaughter and May, an experience that he enjoyed, but left him believing that the magic circle was probably not his perfect fit in the long term: "It was fantastic to train in a magic circle firm because they have such high standards, particularly in relation to what they do for their clients, but I felt the culture just wasn't quite what I was looking for. Also, given the big cases and transactions that a firm like that attracts, you can end up working on the same piece of litigation or the same transaction for months or even years at a stretch. I figured out quite early on that I would prefer a diet of work that changes a bit more frequently." Eighteen months after qualifying, Max went to play rugby professionally in France, and upon his return was on the hunt for a long-term career plan. With guidance from his university's careers service, he found that he could combine his legal experience with his passion for sport, and decided to search out opportunities in sports law. Now a partner in the sports team at Bird & Bird, Max is happy in his niche: "I love this area because there's a really healthy mix of stimulating cases. Even at its most dull, it's still more fascinating to me than any other area I've worked in. New issues are constantly arising. Also, I really enjoy working with the people I come into contact with; my colleagues and clients are generally intelligent and interesting, and they tend not to take themselves too seriously." Sports law as a specialisation is an amalgam of lots of areas of law: on the transactional side, it involves (among other things) contract, IP and competition law; on the disputes side, litigation, administrative and regulatory law. Max particularly focuses on disputes: disagreements between broadcasters and event organisers over broadcast rights, for example, or issues surrounding discipline - drafting and enforcing regulations and prosecuting complaints against players when serious injuries result from dangerous foul play. One of the most exciting disputes Max has worked on was the landmark ‘Bloodgate' case - the scandal that erupted when the Harlequins were accused of using a fake blood capsule to substitute a player in a Heineken Cup match. He explains what happened: "ERC, the organiser of the Heineken Cup and a longstanding client, brought misconduct proceedings against Harlequins and various individuals. Everybody denied that a blood capsule had been used, but the truth eventually came out at the appeal hearing and lots of people were exposed as having lied. Some significant, even iconic, figures in the sport ended up losing their jobs or being banned from the sport for several years. It was a difficult case for many reasons and it changed a lot of things in Rugby Union." Orchestrated cheating - such as the Bloodgate debacle - is a hot topic in sport generally at the moment; as is match fixing, which is on the rise. "Corruption is a constant threat to the industry as a whole", explains Max. "It's such a big issue because sport, unlike almost any other industry, relies on fair play. As soon as the public suspects that matches are being rigged and that people are cheating - whether to win or lose - the danger is that the public will turn away in their droves." As for issues that are going to affect the legal sector generally, Max suggests that one of them is costs: "I think there's going to be a squeeze for lawyers - and professionals in general - as hourly rates become more and more unpalatable to clients. In line with that, I think we'll face more competition from cheaper alternatives, such as ‘Tesco law' type practices, and from clients instructing barristers directly. It's going to be a challenge for many solicitors. But there should still be strong demand for those solicitors that concentrate on high-end, complicated work and really adding value to the service we provide to clients through our experience and the judgement we exercise." Despite the challenges facing the profession, Max recommends law to those committed and suited to the career. In terms of the qualities needed to succeed, "The most vital is intelligence," he asserts. "There is no getting away from the fact that legal issues can be complicated, and often you need to apply detailed legal rules to complex factual scenarios and come up with answers in a short timeframe. But you also need to have commercial savvy, because you have to provide advice to clients in real-world situations. And I would say that lawyers - along with everyone else - should have empathy and humility." Max suggests that those interested in a career in sports law should develop an understanding of the industry: "We are impressed by people who are interested not just in sport, but in the business of sport. Lots of people take an interest in the back pages, but a lot of our work doesn't actually relate to that. So, for example, if there were to be a Manchester derby coming up, we'd be just as interested in, say, the sale of the media rights to the match or the regulatory issues around the clubs' new signings, as we would be in the result - especially since that would almost certainly be a massive win for City!" If you think you've got what it takes to carve out a career in this area of law, you need to be prepared to fight off tough competition. Max offers three tips: "First, show that you're a really good lawyer - I am not sure there was ever a time when you could succeed in sports law by just being a great person, but not necessarily a great lawyer, but if there was such a time, then it has long gone. It's now a very sophisticated global industry. Second, show that you're interested in the business of sport and how the industry works - not just how good Darren Clarke's swing is or who is playing left back for Everton. Third, try to time your run. Jobs in sports law don't come up that often, so plan ahead and think about when would be a good time to break into the area." |
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