Question for Sports Law guy

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SMUguy
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Question for Sports Law guy

Post by SMUguy »

There's been some talk on this board about the UT guys who were arrested a few days ago when drugs were found in the car they were riding in. Now there's a story in today's Morning News that says their lawyer has a letter from another student who admits to owning the drugs, etc.

Without getting in to the specifics of the UT case, when a student-athlete is arrested and retains a lawyer (and assuming they don't have lots of disposable cash to pay for a lawyer) - do they have to pay for the lawyer themselves? Is it legal for some rich booster to pay the lawyer? Do they have to find a lawyer (perhaps a school donor, season ticket holder, etc.) who will take the case for free?

Again, I'm not asking specifically about the guys at Texas. But there are always stories about athletes getting into trouble, and I was curious.
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Re: Question for Sports Law guy

Post by Sports Law »

The short answer is: Yes, they have to retain their own attorney and, yes, they have to pay for that attorney themselves. If the university or a booster or someone else retains the attorney or the attorney provides his/her services for free, then that could (and likely would) be considered an "Extra Benefit" that is prohibited by the NCAA. Now, (without any reference to any particular case - UT or otherwise) the mere coincidence that these attorneys often have an affiliation with the school is just that - a coincidence.....right??

Thanks for the question. Keep em coming!
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Re: Question for Sports Law guy

Post by PerunaPunch »

Lookee... an honest attorney. Alert the media, I think hell may just have frozen over.
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Re: Question for Sports Law guy

Post by SMUguy »

Thanks, Sports Law.

And you're right, PP - it is getting a little chilly down below!
"It's 106 miles to Chicago, we've got a full tank of gas, half a pack of cigarettes, it's dark and we're wearing sunglasses."
...
"Hit it."
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