NBA Draft Lawyers

Drafts are held in professional sports to allocate new players’ exclusive rights among the teams. Before declaring oneself available for the NBA draft, you should be aware of certain significant consequences. You may lose your eligibility for NCAA athletics if you take certain activities.

How Are Draft Picks for the NBA Draft Determined?

One draft pick is allotted to each of the 30 teams for each of the two rounds

The first three picks are selected by a weighted random drawing of the 14 teams that did not make the playoffs, with more number combinations going to the teams with weaker records.

All clubs are arranged in reverse order of their regular-season record after the first three picks.

The reverse order of regular season records, including playoff clubs, determines the second round’s seeding.

Is it Possible to Declare My Eligibility Without Putting My NCAA Eligibility in Danger?

One professional sports league draft may be entered by a student-athlete who is currently enrolled or who plans to enroll at a collegiate institution. You must:

• Not be selected in the league’s draft by any club
• Declare in writing to your school’s athletic director within 30 days following the draft that you’ll be returning to intercollegiate competition.
• Not have a verbal or written contract with a representative to act on your behalf (future or present)
• Not having benefited from a representative (you or your family)

Automatic Eligibility

Players who turn 19 before or during the draft year, who graduated from high school at least a year ago, and who do not fulfill the requirements for “international” players are automatically qualified if they meet any of the following requirements:

• Their four years of college eligibility are now complete.
• Four years have passed since their high school class graduated if they did not enroll in a U.S. college or university after graduating from high school.
• They have played while under contract with a professional basketball team other than the NBA anywhere in the globe.

If any of the following conditions are met, a player who has attained the minimum qualifying age of 19 and meets the requirements for “international” players is immediately eligible:

• During the year of the draft, they are at least 22 years old.
• They have played under a contract they signed with a professional basketball team in the United States that is not a member of the NBA.

“Early Entrance” Participants

A player must announce their eligibility no later than 60 days before the draft if they are not automatically eligible but still want to be selected.

After this day, “early entry” athletes are allowed to participate in individual team workouts and NBA pre-draft camps to showcase their talents and get opinions on where they should be drafted. A player may opt out of the draft at any time before the final declaration date, ten days before the draft, per the CBA.

The first draft impacted by this rule was the 2010 draft. However, the NCAA implemented a rule that went into effect in August 2009 requiring players at its member universities to withdraw no later than May 8 to keep their academic eligibility.

In 2011, the NCAA shortened the window for players to withdraw and keep their eligibility to one day prior to the beginning of the men’s basketball spring signing period, which begins in April.

2016 saw another change to the NCAA’s withdrawal policy that went into effect with the draft; the deadline for withdrawals is now in late May, particularly ten days after the conclusion of the annual NBA Draft Combine.

Because of the difficulties caused by the Coronavirus disease 2019 (COVID-19) pandemic, the NCAA declared that the withdrawal period for the 2020 draft would now be ten days following the combine or August 3, whichever comes first.

On February 26, 2021, the NBA declared that all college players who intend to enter the draft, regardless of class, will need to declare eligibility for the 2021 draft alone. The NCAA announced that the 2020–21 season would not affect any basketball player’s eligibility for collegiate play in October 2020 as a result of COVID–19.

According to the CBA, a player who has graduated from a four-year college or institution in the United States and no longer has any remaining intercollegiate basketball eligibility is automatically eligible. Every college senior in the 2020–21 season had remaining eligibility thanks to the NCAA judgment.

To decide whether to require seniors to opt out of the draft (as the NFL did for its 2021 draft, which was impacted by a similar NCAA ruling for football), or require opt-ins, the league was obligated to speak with the players’ union and NCAA. The latter option was chosen. The early entry date for the 2021 draft had not yet been decided due to the ambiguity around the draft and draft combine dates.

Are There Alternatives to the Draft for Professional Athletes?

Yes. Following the draft, a person who is not selected is regarded as a free agent. You should speak with an NBA agent because this depends on the specifics.

What Is the Current NBA Draft Age Restriction?

The NBA currently mandates that any player who wishes to participate in the NBA Draft must be at least 19 years old during the calendar year in which the draft is held and have completed at least one NBA season since graduating from high school or the equivalent if he has not. Players can go one-and-done after graduating from high school, but that year may be spent attending college, traveling, or even playing in the G League Ignite.

Can I Get Legal or Other Third Party Opinions on a Proposed Professional Contract?

You can consult an attorney or third party for guidance as long as you, the student-athlete, are not being represented by them during talks for a professional contract.

What Qualifies as Legal or Third-Party Representation?

When an attorney or other third party is present during discussions with professional teams, that counts as representation.

Professional sports teams are contacted on your behalf by an attorney or other third party.

Is it Possible to Request Information About My Professional Market Value from a Professional Athletics Organization?

Yes. Without losing your amateur status, a person may inquire about the professional market worth.

How Is the NBA CBA structured?

The CBA, which was reached through negotiations between the league and its players’ union, the NBPA, serves as the league’s governing document. It controls pretty much every aspect of the NBA’s operations, including the draft, free agency, and pretty much everything in between.

When Will the Present NBA CBA Become Obsolete?

The current CBA is in place until the 2023–2024 season; however, the NBA and NBPA have the option to leave by December 15.

Do I Need an Attorney?

Keep in mind that you have the right to speak with or obtain information about a contract from an entertainment lawyer or agency. But they can’t represent you in discussions if you want to keep your NCAA eligibility.

Consulting a business attorney who is knowledgeable about eligibility regulations can be helpful if you have a problem regarding your NCAA eligibility. A lawyer who is knowledgeable in bargaining should be contacted if you are certain that you want to join an NBA team.