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It is All About the Kids: The Nobility of Amateurism.

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Presentation on theme: "It is All About the Kids: The Nobility of Amateurism."— Presentation transcript:

1 It is All About the Kids: The Nobility of Amateurism

2 (a) A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer; (2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or (3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false. (b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. (c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6. (d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer which will enable the tribunal to make an informed decision, whether or not the facts are adverse.

3 November 14, 2013 Former KU football player sues NCAA over concussions

4 American Rugby Football 1880-1890

5 President Teddy Roosevelt 1905

6 1.5 Client-Lawyer Relationship: Fees (a) A lawyer's fee shall be reasonable. The factors to be considered in determining the reasonableness of a fee include the following: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained; (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and (8) whether the fee is fixed or contingent

7 No. 109,026 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ELLEN BYERS BOUTON, Appellant, v. WALTER BYERS, Appellee. SYLLABUS BY THE COURT

8 1951 First NCAA Suspension

9 1.7 Conflict of Interest: Current Clients (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2) there is a substantial risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. (b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if: (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and (4) each affected client gives informed consent, confirmed in writing.

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11 Colorado Supreme Court 1955

12 1984 United States Supreme Court Oklahoma v. NCAA

13 1988 NCAA v. Tarkanian U.S. Supreme Court

14 NCAA Rule 10.1 (j) specifies that anything short of complete cooperation could be interpreted as unethical conduct, affecting amateur status.

15 1999 Law v. NCAA

16 Thanksgiving 2011 FBI Cam Newton Investigation

17 2011Under Armour pays Auburn $11.5M for 11 Uniform logos

18 2011 BCS Bowl Purses $181,912,310.00

19 Big East$154,122,296$419,389,82336.7% Big Ten$138,054,933$621,975,77922.2% ACC$133,479,911$420,260,19431.8% SEC$124,636,534$763,780,56516.3% Big 12$105,706,308$554,184,70619.1% Pac-10$80,129,005$350,080,46022.9% A-10$54,582,759$126,729,72543.1% C-USA$42,163,719$182,752,78723.1% Mountain West$36,440,056$145,610,91725.0% Missouri Valley$28,781,605$72,307,30339.8% Colonial$27,144,900$94,402,42528.8% WAC$22,804,109$103,977,21621.9% West Coast Conf$18,330,286$41,377,20444.3% Horizon$17,664,239$37,612,40347.0% Big XII Schools paid $258,000 Per Tournament Game

20 March 14, 2012 Jamar Samuels suspended $200 for food

21 NCAA Bylaw 12.3.2.1 Prohibits actual negotiation with any professional team by an adviser, on pain of disqualification for the college athlete

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23 ANDREW OLIVER OSU PITCHER


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