Lawyers on the spot

BEHIND THE GLITZ OF THE WORLD CUP LIE SERIOUS LEGAL ISSUES.

BUT CAN SOLICITORS MAKE THE GRADE AS FOOTBALL AGENTS? ANDREW TOWLER ASKS WHAT IT TAKES TO ADVISE SOCCER SUPERSTARS

The World Cup, which comes to a climax this weekend, has brought together the best footballers on the planet to display their skills to fanatical supporters across the globe.However, in addition to the sporting spectacle, there have been no end of off-the-field activities that have added to the drama of the event.

There has been the now infamous bust-up between Roy Keane and the Irish management, the suspension of Portuguese forward Joo Pinto for allegedly punching the referee, and numerous African footballers playing their hearts out trying to secure big-money transfers to European clubs.

Such matters all require advice for the players off the pitch - and this is where a player's agent really earns his money.

And it has not escaped lawyers that with football so commercially successful and so many legal elements involved in contracts and merchandising, they are perhaps better qualified than most to take the role of agent.

Perhaps the most famous solicitor football agent is Mel Stein, who acted for Paul Gascoigne during most of his playing career.

And it is by no means just a business for English lawyers.

Gary Blumberg, a London-based South African lawyer, has enjoyed a high profile acting for many of the South African players on the international stage, such as Leeds United captain Lucas Radebe.

But owing to recent events, the most high-profile solicitor football agent is Michael Kennedy, a partner at London firm Herbert Reeves & Co and adviser to Keane, who was set to captain the Republic of Ireland side at the World Cup until his rows with the management over the squad's preparation saw him taking an early flight home.

Mr Kennedy also represents Irish stars Steve Staunton and Niall Quinn, as well as the Irish squad collectively.

Mr Kennedy also specialises in property law, and it was through this that he began to work in football.

'About 20 years ago, David O'Leary [now Leeds United manager] came to me for help buying a flat and came back to me when he got offered a contract with Arsenal,' he says.

'From there, more players came to me through recommendations, although I never would have imagined football would reach the levels it has now commercially.'

Mel Goldberg, a partner at London firm Max Bitel Greene, spends most of his time handling the affairs of sportsmen in his capacity as agent.

He says he has, with managing partner Nick Bitel, turned the firm into 'one of the biggest sports law practices in England'.Explains Mr Goldberg: 'We offer players the entire package when it comes to professional advice.

If a player comes to me, I will guide him through his whole career from first contract to arranging a testimonial match.'

Mr Goldberg acted for Hans Segers in the Bruce Grobbelaar match-fixing trial - and also represents Stan Collymore and Dennis Wise, among others, showing he is no stranger to controversy.

'I do the usual legal work that comes with being an agent such as negotiating contracts, dealing with transfers and sourcing marketing deals for the players,' he says.

'But at the same time if a player was in any trouble off the field, I would be there to help as well.'However, Mr Kennedy says that the days of agents getting telephone calls at four in the morning to drag drunken players out of nightclubs and police vans are less and less frequent in this professional age.

'If a player ends up partying or drinking excessively these days, their career will come to an end very quickly,' he says.

'Unless you're very fit you can't perform in an ultra-competitive league like the Premiership, so I mostly only have to advise on the professional side of a player's career.'

Mr Goldberg says that it can be quite time-consuming work and you need a level of expertise in the field, but it can be profitable.

It is also still a relatively small market with few specialists, so if you get yourself known, work finds you.

He explains: 'I was recently in Italy with an Italian lawyer and he introduced me to the German centre-forward Oliver Bierhoff, whom I now do work for.

I have contacts in Italy from my days of representing Dennis Bergkamp when he was at Milan.'

Mr Kennedy and Mr Goldberg can enjoy such work because football's world governing body, FIFA, accredits solicitors as football agents without putting them through the same rigmarole as other would-be agents.

Andrew Korman, partner and head of sports law at Hammond Suddards Edge, explains: 'Football agents are regulated by FIFA, after it was decided a few years ago that a policing body was needed to stop unscrupulous agents making money out of players.

To become an agent you must sit a professional exam and lodge a bank bond of around 100,000 Swiss Francs (43,290) with FIFA as insurance to cover claims against you.

'However, solicitors complained that they were already regulated by the Law Society and have professional indemnity insurance, and also argued that everyone should be able to choose who they want for legal representation - so they were given an exemption.'

Mr Korman says the only other category that does not require FIFA accreditation to be an agent is a member of a player's family.

'Manchester City striker Nicolas Anelka is advised by his brother, Claude, for example,' he says.

Mr Korman can see the benefits of solicitors acting for footballers, but does not necessarily see it as a path for most players to follow.

'It can be beneficial financially to the players, as most agents work on a commission basis and thus have an interest in any deals, while solicitors work hourly and only get paid for work done,' he says.

'However, while I believe there is a need for a specialised service for sportsmen, I think the pure agent's role of sourcing and creating deals doesn't really fit the profile of a solicitor.'Mr Kennedy disagrees, saying solicitors are well suited to agent duties as long as they have knowledge of their field.

'Solicitors are used to negotiating contracts, which are getting increasingly complex,' he says.

'However, you must have the experience to know the going rate for a player, what a good salary is, and how much different clubs are willing to pay - it is important to keep abreast of the market.'

Mr Goldberg agrees that 'you must know the legal side and the sporting side' of the area.A dissenting voice comes from John Hewison, a partner at Manchester firm George Davies, who represents the Professional Footballers Association (PFA).

'The PFA acts typically for young and lower-league players who don't have agents,' he says.

'While we advise the PFA on how to handle players, it has a number of executives, usually ex-pros, who act as players' agents.

These executives educate young players on what to expect throughout their career and what questions to ask when looking for an agent in the future.

The PFA offers these young players a total advisory package, of which we do the legal arm.'

He continues: 'However, I think it would be quite difficult for a solicitor to act as an agent.

While they could advise on certain contractual aspects, I don't think many solicitors could hold their own when it came to direct negotiations, especially against the big sport agency companies that now exist - I don't think they'd know where to start.'

Mr Hewison says he cannot see how a lawyer can seriously concentrate all his time on player issues if he is working in a busy legal practice as they involve 'a totally different set of skills'.

He adds: 'The more cautious players may turn to solicitors, because they think they will pay closer attention to contract details and probably have greater integrity than most.

But I don't really see it as a field that is set to grow.'

Despite Mr Hewison's reservations, those solicitors who are in the market maintain that demand for solicitor agents will only go one way.

'As players get wealthier, they will need more and more legal work, leaving us more and more in demand,' says Mr Goldberg.

'No one who earns the money they earn should dream of signing contracts without professional advice.'

Mr Kennedy agrees: 'I think there will be an increasing trend of solicitors taking care of footballers in a capacity of legal adviser and agent, if they have the time and inclination.

It can be very time-consuming work, but at least it's seasonal.'