What's The Deal? Part IV
May 19, 2009
(this blog originally appeared April 20, 2009)
We conclude our post-draft re-examination of lawyer/agents paying for pre-draft expenses
Many factors can go into a draft eligible player's selection of his lawyer-agent. A referral from a former college teammate who is in the NFL, advice from his college coach, a parent or family friend, a college agent screening committee, a runner who has developed a relationship with the player, interviewing and selecting the best and brightest lawyer-agent, or, dare we say, the lawyer-agent who offers the best line of credit. But now the popularity and necessity of workout programs brings an entirely different twist to the selection process.
It is certainly possible that some players will go with an agent who is not necessarily the best fit and the most competent. Instead they may select the agent who offers to put them in the best training program. The best workout program may amount to an all expenses paid six to eight week trip to Arizona or Florida. Of course this is not really a vacation- the player should be improving his draft stock- but the player cannot work out twenty-four hours a day. So, in some respects, the player is getting a six to eight week vacation. The lawyer-agent who can offer the best workout program has a distinct advantage in procuring an athlete's signature on a representation agreement.
Many agents and NFL scouting personnel feel that there is little an athlete can do over a six to eight week span to greatly increase his draft stock. This is an area widely debated. It goes without saying that a trainer can help an athlete to a certain degree, and almost every athlete will improve his times over this period. But, in many cases, these tests at the combine and pro-day are an indicator of an athlete's fast-twitch muscle composition, and one can only do so much to greatly increase this. Any draft eligible player should take into account the overall package a prospective lawyer-agent can offer him and not just the workout program.
As discussed earlier in our 'What's The Deal?' series, many agents are also lawyers. Thus, they have a code of professional responsibility that should be adhered to. Many states have professional reponsibiltiy codes similar to this one from Texas:
Texas Disciplinary Rules of Professional Conduct
7.03 Prohibited Solicitations & Payments
(c) A lawyer, in order to solicit professional employment, shall not pay, give, advance, or offer to pay, give, or advance anything of value, other than actual litigation expenses and other financial assistance as permitted by Rule 1.08(d), to a prospective client or any other person;
After reviewing the above prohibited conduct, one must ask how the pre-draft workouts underwritten by the attorney-agent are viewed by various bar associations. The underwritten workouts might seem problematic. However, the reality of the situation is that most bar associations probably pay little attention to lawyer-agents in their particular state and are not even aware of this type of business deal. Even if the conduct does sometime catch their attention, most of the members of a professional responsibility review board know so little about the agent business that this type of conduct is not met with disciplinary action.
So, when you're watching the draft, consider what the deal was.
(this blog originally appeared April 20, 2009)
We conclude our post-draft re-examination of lawyer/agents paying for pre-draft expenses
Many factors can go into a draft eligible player's selection of his lawyer-agent. A referral from a former college teammate who is in the NFL, advice from his college coach, a parent or family friend, a college agent screening committee, a runner who has developed a relationship with the player, interviewing and selecting the best and brightest lawyer-agent, or, dare we say, the lawyer-agent who offers the best line of credit. But now the popularity and necessity of workout programs brings an entirely different twist to the selection process.
It is certainly possible that some players will go with an agent who is not necessarily the best fit and the most competent. Instead they may select the agent who offers to put them in the best training program. The best workout program may amount to an all expenses paid six to eight week trip to Arizona or Florida. Of course this is not really a vacation- the player should be improving his draft stock- but the player cannot work out twenty-four hours a day. So, in some respects, the player is getting a six to eight week vacation. The lawyer-agent who can offer the best workout program has a distinct advantage in procuring an athlete's signature on a representation agreement.
Many agents and NFL scouting personnel feel that there is little an athlete can do over a six to eight week span to greatly increase his draft stock. This is an area widely debated. It goes without saying that a trainer can help an athlete to a certain degree, and almost every athlete will improve his times over this period. But, in many cases, these tests at the combine and pro-day are an indicator of an athlete's fast-twitch muscle composition, and one can only do so much to greatly increase this. Any draft eligible player should take into account the overall package a prospective lawyer-agent can offer him and not just the workout program.
As discussed earlier in our 'What's The Deal?' series, many agents are also lawyers. Thus, they have a code of professional responsibility that should be adhered to. Many states have professional reponsibiltiy codes similar to this one from Texas:
Texas Disciplinary Rules of Professional Conduct
7.03 Prohibited Solicitations & Payments
(c) A lawyer, in order to solicit professional employment, shall not pay, give, advance, or offer to pay, give, or advance anything of value, other than actual litigation expenses and other financial assistance as permitted by Rule 1.08(d), to a prospective client or any other person;
After reviewing the above prohibited conduct, one must ask how the pre-draft workouts underwritten by the attorney-agent are viewed by various bar associations. The underwritten workouts might seem problematic. However, the reality of the situation is that most bar associations probably pay little attention to lawyer-agents in their particular state and are not even aware of this type of business deal. Even if the conduct does sometime catch their attention, most of the members of a professional responsibility review board know so little about the agent business that this type of conduct is not met with disciplinary action.
So, when you're watching the draft, consider what the deal was.
Posted by sportslawtalk at 5/19/2009 12:01 AM 
Categories: professional responsibility review boards, codes of professional responsibility
Categories: professional responsibility review boards, codes of professional responsibility
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