Do I need esports agents, or is an esports lawyer enough?
That question often abounds in the minds of esports players. Some only use lawyers, some only agents, while others have a combination solution. There are countless good and bad stories about agents. But regardless of the opinion of others, is it important to be critical.
First, it is important to determine what an agent is and what it takes to call yourself an “agent”.
What is an agent?
Becoming an “agent” requires no training, no education, no experience, no knowledge, no knowledge in esports or any special network. In other words, anyone and everyone can call themselves an “agent” in esports. “Agent” is – unlike “lawyer” – not a protected title.
There are also good agents, but one should have the premise in mind concerning what it takes to become an agent, as there are certainly many agents who do not contribute anything good. Therefore, one should tread cautiously when it comes to agreements with so-called “agents” in esports.
We have often experienced players told that the agent promised them a huge salary increase, sales to a top-tier organisation, personal sponsorship deals, etc. The agents only require you to sign a non-cancellable contract with a term of 2-4 years, which provides the agent with 5-50 % of your monthly income. These agreements rarely lead to anything good.
At the same time, is it a considerable danger signal if the agent does not even have a performance obligation, i.e., that the agent in the period of 2-4 years is not obliged to deliver anything, as they just have to “attempt” to provide you with personal sponsors, etc. It’s obvious to ask yourself whether you are willing to pay a big share of your salary to a person who is simply “trying” to create some value for you.
It can, therefore, quickly become a costly meeting with a so-called “agent.”
Agents are typically paid by receiving a share of the total income. The agent will undeniably focus on the salary when negotiating with an esports organization. However, the size of the salary rarely becomes an issue during the negotiations. Usually, the salary has already been agreed upon and approved by you and the organisation.
The problems for the player typically arise based on many of the points that also appear in the contract or are not mentioned/regulated by the contract.
It is obviously challenging for an agent to advise appropriately and focus on the full package for the player instead of the salary level. Especially when the agent, for example, has no in-depth knowledge of the legislation, the rules, contracts, and, in the worst case, no knowledge in esports at all.
As a player, you should be careful to let an agent negotiate and handle your contracts with the organisation, club, sponsors, etc. It may be relevant to ask yourself what prerequisites the agent must read and negotiate contracts in esports.
In these cases, a sensible agent will know his limitations and refer you to a specialised esports lawyer who will be able to secure you the proper terms. Such a collaboration is ordinary with skilled agents.
In addition, one should be aware that if the agent just makes one mistake or overlooks some important clause in the contract, the agent will rarely be liable for damages. Thus, there will be no insurance to cover. While a lawyer must have insurance and be liable for any mistake.
Typically, the contract entered between the player and the agent gives a good idea of whether the agent wants the player’s best interests, whether the agent is serious and whether the agent understands contracts and legal consequences.
Do not hesitate to contact a specialized esports lawyer before you sign any agreement with an agent.
If you already have an agent or are considering getting an agent, you should greatly clarify the division of roles, tasks, and remuneration and examine the agent thoroughly.
Seven advice for you who are considering an agreement with an agent
In addition, use common sense and be critical. Many sensible agents suffer from the reputation of bad agents. You would probably never let a self-appointed architect design your house just because the person created a website stating being an architect without even the slightest idea of how buildings work.
Do not hesitate to contact us. We often determine your needs and are happy to give good advice along the way. If we assist, do we typically agree on a fair fixed price in advance and inform you about the possible risks associated with the work. This is important for us as we fight for order and fairness in esports.
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100% well-executed work. Dan put his soul and energy into the job the work, which showed. Dan is a very skilled lawyer.
Jan Nürnberg Lønstrup
I got help in relation to adjustments and recommendations for an esport contract that will put me in a better position in the future. Dan is super accommodating and is always ready to help. He responds quickly to messages. Truly someone who puts energy into things and who is in control of his things. I can highly recommend Dan!
Anton "Anlelele" Huynh
Dan is a great lawyer who has helped me on to Ignite. He has helped with the contract and what comes with it. He can definitely be recommended if you need good and quick help :-)
Nicklas "jarKo" Rasmussen
The esports lawyer has been an important partner in our development and maturation process, and with their help, we have more structured and continuous contract management. They also act as a valuable sparring partner at a strategic level and provide a high and competent level of service. I can warmly recommend the Esports lawyer to all esports players.
Steffen Thomsen, Copenhagen Flames
Dan is a great help to us as an organization, both in connection with the preparation of player contracts and in connection with player sales.
The collaboration with the esports lawyer has been an important part of our development as an organization and something we greatly appreciate.
Thomas Sinding, Lyngby Boldklub, Gamers Elite
The esports lawyer, and specifically Dan, has handled the case in a super professional way. There has always been a super quick response and follow-up on the case. I have clarified all the potential issues that could arise in my contract. I chose to negotiate the contract myself but with the help of Dan, who always made sure to stay up-to-date in an otherwise long contract negotiation process. It is definitely a place I will find my way back to and I recommend everyone who must negotiate contracts.
Thomas 'Haste' Dyrensborg, Galaxy Racer
The Esports Lawyer is part of the Advokatgruppen, which consists of more than 50 employees, including 26 lawyers. We have experience from the esports industry, and we advise several top teams.