Brent Demmitt’s picture says it all. An attorney at Sharp, Sherman & Engle, LLC
in Steamboat Springs, Colorado, Demmitt experiences his particular sports law niche, not just observes it.
He has spent more than four decades “working and recreating in the great outdoors,” as he says. And that won’t change any time soon, as Demmitt noted that he currently spends most of his time “backcountry skiing, mountain biking, and white-water kayaking.”
We recently visited with Demmitt to learn more about how his passions influence his sports law practice. That interview follows.
Question: Tell us about the path as a sports lawyer. Was there any pivotal point, a big break?
Answer: It would have been nice to have a big break, but it was more like water on rock: slow and methodical. I went to law school with the idea of working in sports, but admittedly did not have a really well-formed vision. I was also very interested in litigation, and ended up going down that path, as opposed to trying to get a specific sport/recreation position. However, my non-law background is so intertwined in sports and recreation, that once I got out of law school, opportunities began to arise. People who knew me from that part of my life began engaging me to assist them in their sport/recreation (and other) related issues. Eventually I formed my own firm and devoted much of my practice to sports/recreation.
Q: How have been the most significant mentors in your path of sports lawyer?
A: Steve Adelman is an adjunct professor at Arizona State University’s Sandra Day O’Connor School of Law, and I took his course called “Risk Management in Venues.” Steve could probably make tax law interesting, but with all of the parts and pieces of premises liability, he had the class enthralled. After I had worked in a litigation firm for a couple of years, I had lunch with Steve and explained that I was interested in applying his business model, which is focused on music and live event venues, to sport and recreation providers. He was very supportive, gave me the encouragement to make the leap, and has always been a great sounding board.
Q: How would you describe your sports law practice?
A: My practice focuses on risk management for sport and recreation entities. I work with my clients to assess the risks involved with their business, and create strategies that will put them in the best position to weather the storm if/when the eventual bad thing happens. The goal is to make sure the entity is, at all times, acting in a reasonable manner in regard to their interactions and service to their clients. It goes well past liability waivers, and, as examples, may emphasize best practices for transporting clients, training employees, negotiating third-party contracts (and pre-determining who will accept liability for certain acts), and having policies and procedures in place that meet or exceed industry standards. The end goal is to ensure that the entity has a defensible position if litigation arises. As a litigator, I am able to counsel my clients through court actions, but it is my strong preference to avoid that by getting them to adopt good practices on the front end.
Q: What has been the impact of COVID on your practice?
A: COVID-19 has not affected my practice on the whole, but obviously it has drastically reduced the number of sports events and, to a lesser extent, group recreation that relied on guide services. Also, I have only worn a suit twice since March 2020, which for a litigator is welcome change. I had a Zoom trial in December 2020, and was very pleased that it went smoothly, and with the expected result. That is to say, the virtual aspect of the venue did not affect the outcome, which was a concern going into the trial.
Q: Where do you see your practice growing in 2021?
A: I expect that the sport and recreation industry will have a very robust year. Throughout the pandemic, people have engaged in outdoor recreation in record numbers. When the restrictions on gatherings wane, I believe that pent up demand for recreating with friends will lead to new business opportunities. My practice is well-positioned to provide the legal advice to help new business create a lasting enterprise by managing the liability that is a necessary component of sports and recreation. On the downside, I will probably be wearing my suits more often.
