SLT- Can you discuss some of the changes you have seen in the recruiting process and the agent business in general?

Frank Murtha- The business has become more competitive. There are a significant number of agents, probably around 700 or 800 in football alone, going after about 1,800 or 2,000 clients. There has always been competition in signing players, and there have always been legal and illegal inducements. There have been people like Norby Walters who had close to sixty players signed for the 1987 draft, and it was later disclosed that one of his silent partners was Michael Franzese with his Mafia ties. There were others as well, such as Harold “Doc” Daniels, well known for signing players “early”, who said," The NCAA can’t do anything to me, I don’t care about their rules. The NCAA didn’t have nothin’ to do with my business.”

SLT- What about the training programs for draft eligible players?

FM- Athletes in the 80’s and 90’s trained on their own for the combine and their pro days. Before that  there wasn’t the mental emphasis placed on the combine that there is now. The combine was shrouded in elements of mystery. Then a few agents realized that if the players did the drills ahead of time it would be an advantage or give them an edge. Then some practice training programs began to spring up. Jack Wirth was one of the early pioneers of this. Then Bruce Allen (now the GM of the Redskins) brought players out to Arizona to train them and he would later be reimbursed when the players made a team. A new industry began to evolve with training facilities for the players before the combine. Agents would usually front the money and then be reimbursed by the players. Now players expect the agent to pay for the training. This is very expensive, particularly for non-lottery pick type players.

SLT- Has this changed your thinking in that you no longer want to take some players that years back you may have wanted to represent?

FM- It has clearly changed the economic landscape of the business. You have to re-evaluate your thinking. In many cases, just to break even, a player has to get drafted in the third round. Many agents with the motivation to get a business started are willing to look past training expenses.  Also, bigger agencies are giving marketing advances or bonuses that are not a lot different than agents slipping players cash.

SLT - You are currently teaching a Sports Law class at Northwestern’s Kellogg School of Management. Can you give us some information on the course?

FM- The course is called Sports Labor Relations and Negotiations. I was required to design the syllabus, and it was the first time a sports law type course was taught there. I have now taught it for four years and usually have the class every other quarter. The class is an elective. We try to give the students an overview of the CBA’s in the NFL, the NBA and MLB; two with a salary cap and one with a competitive balance tax.  The students submit a paper comparing the three CBA’s, and we consider sports without a union for a mock unionization and CBA.  Antitrust is touched upon. We conduct mock contract negotiations (ungraded), then the students submit a written contract proposal (graded). One of the books we use is Marvin Miller’s A Whole Other Ball Game.  The baseball player’s union I consider(ed) to be the gold standard of sports unions.

There are mostly MBA students in the class with a few law students as well. Some students already have JD’s, or are even practicing attorneys. There are even some coaches and faculty who take the class. Students’ ages generally range from 21 to 50-some years old.  There is an enrollment maximum of 25, and we have usually had a class of 15-18 over the past 4 years.

SLT- As is our custom, can you tell us what advice you would give to a youngster trying to break into the business?

FM- Don’t quit your day job at first. It is competitive. But there still is a place for competent, well-meaning lawyers in the business. Acquire a high level of competency; work long hours and perhaps associate yourself with a team or agency for experience. There are far more people interested in getting into the sports industry than the capacity it has for them. Be prepared to pay your dues.  Don’t go to law school just to become an agent.

SLT- Tell us a little about your role in the first Arena football CBA.

FM-  In 1999, after years of asking the NFPLA for help, UFCW organized the AFL players and asked for recognition. Mysteriously they eventually withdrew that request, and joined with the NFLPA in the filing of an anti-trust case against the AFL. Responding to client inquiries I realized the employer was willing to be unionized in a traditional way so I introduced the Teamsters who began their own campaign. At the last minute they had to withdraw and the League was going to fold rather than fight the anti-trust threat. Many players asked me to form a union for them which we did at the very last minute and were successful in negotiating the first union contract for the players. I got added as a defendant to the anti-trust case as my reward for saving the jobs!! Gave me a good laugh at the time but an expensive one. However, it was the right thing to do for the players.

SLT-  Your further reflections on your career to this point?

FM- I’ve always looked at it as a service business. I’ve had opportunities to have a hand in shaping the lives of young players.  An agent/attorney can play a role well beyond contract negotiations.  For instance, I have always thought it important to ask my clients, “What do you want to do when all this [your playing career] is over?”

I’ve been very lucky and never had a bad job.  I feel like I’ve made a contribution.  I thoroughly enjoy it, and our business can be emotionally and financially rewarding.