When former Denver Bronco scout Jack Wirth switched hats to become an agent in 1980, he had little idea how a simple workout program would change the football representation business in the twenty-first century.

Philadelphia based agent, Ed Wasielewski, feels, “workout programs are a necessity in order to look out for my clients best interests and to make sure they are well prepared for the important tests of the combine and pro-day.” However, almost all agents agree it has become a major economic issue whether they are part of a small law firm, agency, or a mega- super agency.



Today a lawyer or agent has to think long and hard to decide which players are worth representing coming out of college. According to veteran Chicago based agent Frank Murtha, representing college players going into the draft is "clearly a gamble”. Murtha states, “ a player has to be taken in the third round and above for the agent to break even in the first year of the contract”.

Typically, many draft eligible players skip the final semester of school to go somewhere to train before the draft, others who are fifth year players have finished their classes in the fall when they start training in January before the draft. When an agent or lawyer initially talks with a prospective client one of the first areas of conversation typically centers on the workout program. According to Frank Murtha, “the majority of agents because of recruiting pressure and competition will underwrite the costs of these training programs”.  Murtha believes that very few of these deals are put in writing and very seldom will the agent be reimbursed for the cost of training.

Because so few agents get reimbursed for the costs of training their draft eligible clients it raises many important issues, particularly for lawyers. Instead of taking on a client to perform services such as contract negotiations, marketing, and other work, the lawyer- agent is in reality making an investment in the client by underwriting the workout program. So the player is much more than a client, and can be likened to a stock or bond. Just like an investor can pick a bad stock or own a worthless piece of real estate, the same can be said for the lawyer-agent who can’t get a player into camp or a player that does not make a fifty-three man NFL roster.

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