Several Above the Law readers have sent me emails asking about how to become a certified sports agent. Many have even asked about the legitimacy of third-party websites that purport to certify agents. Here is the truth of the matter: there is absolutely no such thing as third-party agent certification. If you see a website purporting to offer that kind of service, run the other way faster than Forrest Gump.

If you seek to represent athletes in non-unionized sports, all you need to do is comply with the registration procedures enforced by certain states (and in rare instances register with the sport's governing body). Meanwhile, if you seek to represent athletes in unionized sports such as baseball, basketball, football and hockey, you will need certification from the respective players union because, pursuant to Section 9(a) of the National Labor Relations Act, the union serves as “the exclusive representatives for all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment.”

In neither event will any certificate from a third party do you any good.

And what if you'd like to represent players in multiple sports? Read more, after the jump.

If you seek to represent players in multiple sports, you will need to apply to each players association separately. This is because each union imposes different requirements on its agents. The Major League Baseball Players Association (“MLBPA”), for example, is generally the most liberal in admitting agents—allowing the admission of any non-conflicted person of appropriate character who completes the MLBPA Application and Certification Statement and provides a statement of support from an interested player. Meanwhile, on the other end of the spectrum, the National Football League Players Association (“NFLPA”) keeps the tightest reign on prospective agents. The NFLPA not only requires that each prospective agent complete a written application form, but also that each prospective agent attend an annual NFLPA seminar, pass a written exam, and pay a $1,650 fee. Each prospective NFLPA agent additionally must have both an undergraduate and post-graduate degree (with rare exceptions), as well as pass a conflict check and a background check.

Even after an agent obtains certification, the agent remains bound to regulations imposed by the respective union. For example, some unions cap agent compensation. Specifically, the National Basketball Players Association (“NBPA”) caps agent pay at 4% of each player’s contract value, and the NFLPA caps agent pay at 3% of contract value for regular players, and even lower for Franchise Players and Transition Players.

While all of this may sound just a tad bit complicated, there are helpful sources to learn more about becoming a player agent. The best of these sources are the players association websites. The NFLPA website is especially comprehensive, and it includes a link to its agent regulations.

Beyond the union websites, there are also a limited number of helpful secondary sources. Sports Law Blog and Sports Agent Blog provide relatively accurate information about agent regulation. In addition, a Westlaw search turns up more than a dozen recent articles discussing the law of sports agents, including an especially provocative piece written by Florida Coastal School of Law Professor Richard Karcher in the 2006 Williamette Law Review.

And there is always that not-exactly-a-documentary starring Tom Cruise....

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Marc Edelman is an attorney, business consultant, published author and professor, whose focus is on the fields of sports business and law. You can read his full bio by clicking here, and you can reach him by email by clicking here.