A Q&A with Charlotte motorsports lawyer William Bray |

By CYNTHIA HOLLAND, Editorial Assistant

William Bray practices at The Bray Law Firm in Charlotte and is an adjunct professor of sports law for the Sports MBA Program at the UNCC Belk College of Business.

His primary areas of practice are motorsports, entertainment, business litigation and general corporate representation. His practice includes the representation of drivers, teams and sponsors in NASCAR and other motorsports racing divisions.

Bray is a native of Florence, S.C. > He received his B.A. from Davidson College in 1989, and his J.D. from the University of South Carolina in 1993. >

Here, he discusses what it means to practice sports law, how the practice area is faring in North Carolina and how aspiring sports and entertainment lawyers can get involved in the niche.

NCLW: When it comes to sports law, what is your focus and how did you develop that practice area?

Bray: The majority of my law practice involves the representation of teams, drivers and sponsors in NASCAR. The role I play on behalf of these clients is something that I describe as “outside in-house counsel.” Depending on the nature of the relationship I have with the particular client, I may literally have a hand in every aspect of their lives and their careers.

The standard work that I do on a daily basis is what you would expect contract preparation and negotiations, litigation, etc. However, a large component of my work is more in a counseling role. I attend business meetings, coordinate the retention of other professional advisers (accountants, estate planners) and travel to around 10 races each year in order to better familiarize myself with what is going on with each client professionally.

As to how I came to practice in this area, my first client was a small marketing company back in 1998. I handled some small matters on their behalf, and found that this was an area of the law that really appealed to me as a long-term practice area.

Until that time I had mainly handled criminal defense and litigation matters, so the change to a corporate-style practice (which is how my current practice could probably be best described) required some serious business-development efforts. While I was out looking for new clients in this area, I met an investor who proposed that I work for him in a business capacity for a sports marketing company he wanted to start, which would organize and manage golf trips to Scotland, and hospitality at major golf events such as the U.S. Open.

Our company, Welton Sports, was on track to turn a profit in our third fiscal year, but 9/11 virtually ended demand for the type of services we provided. By this point, I was married and had my first child on the way, so I decided it was time to get back into the full-time practice of law.

Through the many relationships I developed at Welton Sports, my first sports clients were in the golf industry (many of whom I continue to represent). However, my earlier experience in NASCAR convinced me that Charlotte’s position as the home to the vast majority of NASCAR’s teams and drivers demanded that, if I really wanted to pursue sports law, motorsports was the way to go.

Like anything else, I had to work hard to get the word out that I was “open for business” in terms of this practice area. I became active in the Sports & Entertainment Law Section of the N.C. Bar Association and made the rounds in terms of talking with attorneys such as Tom Grady and Stoke Caldwell, who, in my opinion, are responsible for creating the practice area of “motorsports law” to the extent that it really exists as a unique or distinguishable concept.

I’ve always enjoyed the business side of practicing law, so these efforts came naturally to me. At some point, I got “the call” from my first substantial client. From that point forward, it has simply been a matter of providing quality services and developing good relationships with my many clients and colleagues in the sport.

NCLW: What makes your motorsports concentration different from or similar to a standard law practice?

Bray: In all honesty there are more similarities than differences. I draft contracts, handle lawsuits, consult on employment matters and generally do the exact same work as any other general corporate attorney.

However, the differences that exist are definitely unique to the sport in which I practice my trade. Many of my most important meetings take place in haulers or motorcoaches in the infields of racetracks around the country on Saturdays and Sundays, as opposed to weekdays. I make myself available on something that approaches a 24/7 basis for my clients, whose schedules are far removed from those in the “real” world.

Certain times of the year are far busier than others. For instance, the period between July and November is typically when most of the driver and sponsor deals for the following year are negotiated and signed.

Again, the sport dictates my routine. I’ve had to familiarize myself with the world of aviation law, since many, if not most, of the teams and drivers in the sport own their own airplanes. And last but not least, I’ve learned that relationships are key to being a successful legal adviser to clients in NASCAR. The “garage” is small, meaning that everyone knows everyone else. More often than not, I’ve had prior dealings with the party on the other side of the conference table. To have gotten through what can sometimes be aggressive negotiations on a deal with a good relationship in place is immeasurable in value when it is time to deal with that same party or their attorney on another transaction.

On a personal note, one highlight for me is watching races on TV with my kids, a 7-year-old son and 4-year-old twin girls. My son, Hutch, is a huge Joey Logano fan. I’ve represented Joey since he was 14. On the night before he won his first Cup race at New Hampshire this past June, Joey and I were playing video games (seriously) in his motorcoach during a rainstorm. He autographed a baseball cap for Hutch that night, and then of course went out and won his first race the next day. My son wore that cap until it was literally about to disintegrate (he didn’t understand the idea of keeping it safe and clean as a souvenir, which I thought was awesome!). As for the girls, they are always pointing out “Daddy’s friends” on the screen (the bright-yellow Dollar General car that Braun Racing fields in the Nationwide Series is always easy to spot).

NCLW: What organizations or informal networks are you involved with when it comes to sports law, and how do they benefit you?

Bray: I’m a past-chair of the Sports & Entertainment Law Section of the NCBA. The relationships I’ve made through that organization are among the best professional relationships that I have. Our work to provide a platform for “motorsports law” through that section led to the creation of TRAC (The Racing Attorney Conference), which our section co-sponsors with the Indianapolis Bar Association.

As TRAC heads into its third year in 2010, it has evolved into a motorsports-specific continuing education and networking forum for lawyers practicing in this niche area. In terms of being able to develop relationships with others in this practice area, there is no better forum nationally than the annual TRAC event.

NCLW: There are enough lawyers in the state to support a sports and entertainment law section at the N.C. Bar Association. Do you have any guesses as to how many practitioners are involved in the field in North Carolina?

Bray: This is a tough question, which leads to another question is “sports and entertainment” a true practice area and what constitutes a “sports and entertainment” law practice? For instance, there are many attorneys who periodically handle matters that would generally be seen as corporate in nature, but which could also be described as sports or entertainment-related (i.e. litigation involving injuries at a music venue, or regulatory work on behalf of a radio or television station).

Those of us who spend a large portion of our time in a dedicated sports and/or entertainment practice discuss this issue all of the time. Ultimately, it is my opinion that there is no such thing as “sports and entertainment” as a practice area, but rather the term simply describes the industries in which I practice as a corporate generalist.

So, when looking at this question in those terms, the answer is that there are likely many more attorneys involved in the field than you might suspect. However, as for the number of attorneys in a dedicated practice? I would estimate that the number is somewhere in the neighborhood of 100, although it could be much greater.

NCLW: How much of a market does North Carolina have for legal services in entertainment law? For sports law? How much is that changing?

North Carolina has traditionally yielded plenty of work for attorneys in both sports and entertainment. All you have to do is look around and see the amount of industry in these areas. Where there is industry, there is a need for legal services.

As for sports, we have tremendous activity on both the amateur and professional levels. The number of NASCAR teams in the area speaks for itself, as do our college athletics. In terms of entertainment, our state has long been a major player in film and television production. With a recent amendment to the state’s tax incentives for in-state production, I anticipate that role will grow over the next few years. Again, the existence of industry drives legal work, meaning that the need for legal services in these areas will continue to increase.

NCLW: How has the rough economy affected sports law in general and your practice specifically?

Bray: The economic landscape of sports has changed dramatically with the economy. A good example is Wachovia’s decision to pull its name from what was formerly known as the Wachovia Championship at Quail Hollow Club in Charlotte.

Companies either don’t have the money to invest in sports, or are unwilling for other reasons to participate in sports as a marketing tool in a manner consistent with past years. Further, the casual fan has less money to spend on attending games or races, resulting in additional hardships to the industry. Overall, the business of sports has sustained the same slowdown as the rest of the economy.

As for my business, this past year has been challenging for my firm as with other firms. We have experimented with different staffing configurations, etc. We are tracking to show growth in our total revenue in 2009 as opposed to 2008, so I believe we have been successful in moving through these difficult times.

Ironically, our sports practice has grown more than any other practice area this year.

NCLW: What advice would you give to other North Carolina lawyers who would like to develop a sports law practice? How would they go about doing it?

Bray: It is always a good idea to follow your passion in terms of professional commitment. If the business of sports appeals to you as a practitioner, start networking just as you would if you were an M&A attorney passing out business cards to hedge fund managers at a private equity forum.

Identify networking groups (there are plenty) for the industry you want to target. For instance, I periodically attend the Performance Racing Industry trade show and the PGA Merchandise Show, both of which are in Orlando, in order to make new contacts in racing and golf.

Although networking and educational forums for attorneys are invaluable in terms of developing key industry relationships, they are not attended by prospective clients. The companies you want to represent are instead at shows like the PRI and PGA, so you’ve got to go there to meet them.

NCLW: With your concentration on NASCAR, how critical is it for you to be located in the Charlotte area?

Bray: I absolutely, positively could not service my clients being located anywhere else. Yes, it is true that some of the top attorneys in motorsports, such as Alan Miller, are located in Indiana, Michigan or elsewhere. However, in terms of how I practice and how I service my clients, I would have a difficult time being located elsewhere.

A big part of my practice is face-to-face meetings. I typically spend what amounts to a couple of days each week at race shops in Mooresville or Concord. Without being able to spend that kind of time with my clients, I’m not sure I would have been able to develop the practice I have.

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