AGENT
TALK
by Profootballtalk
columnist Ron Del Duca
The
NFLPA and NFL Agents:
Time
To Modernize The System
March
28, 2004
While attending the
recent NFLPA seminar in Los Angeles, one thing came to mind
almost immediately -- it is a hell of lot nicer to go to a
seminar in laid back L.A. than the circus-like world of the
alternative seminar held in cold and dreary Indianapolis.
Between the numbing presentation of a company trying to be
the "personal assistant" to my players and the always
interesting report of the PA's legal staff telling us the
latest negligent conduct of several clowns disguised as Contract
Advisors, I came up with several observations on how to make
the NFL Agent world a more efficient place.
JACK
UP THE AGENT FEES. In order to make it difficult
for every knucklehead, slapola and/or 4th cousin
of a player from trying to be an agent, have the NFLPA Agent
application and annual fees drastically increased. To
apply -- $7,500. Annual fee -- $5,000. Any increase
in revenue from these new fees is to be earmarked for future
development of the NFLPA software that agents can use for
contract research (see below). As to the expected whining
that such hefty fees will prevent people “from breaking into
the business” – too bad. Life is tough. Save your money.
DEATH
PENALTY. No more agent suspensions or decertifications
with the right to reapply for those Jerry McGuires who are
found guilty of giving illegal things to induce clients to
sign. If you break the rules and have to give toys/coin
to get Player X to sign with you then you are gone – forever.
Go be an NBA agent.
NO
GUARANTEED ENDORSEMENTS. Per NFLPA regs, an agent
is not to give a player or a member of his family anything
of value in an attempt to induce the player to sign with the
agent. More and more agents are guaranteeing players
a certain level of endorsement income (whether the player
earns it or not) if the player signs with Agent Boy.
Is this a violation of the rule? Yes. Is it enforced? No.
The NFLPA should enforce it -- that’s why the rule was enacted.
NO
CONFLICTS. Would the lawyer for your boss also
represent you if you were both negotiating a contract? No.
In the NFL, agents can represent both coaches/front office
personnel and players. What smells bad is bad -- make the
agent pick a side.
MODERNIZE
THE SOFTWARE. The NHL Players Association
has real time software that allows it agents to plug in various
statistics (points, minutes played, face offs won, winning
goals, hits, etc.) and produce a list of various players within
certain statistical parameters -- thereby allowing the agent
to see if his guy is being underpaid (or keep his mouth shut
if his guy is getting too much marketplace coin) as compared
to players with similar stats. The NFLPA needs to develop
a similar program -- enough with the reports about average
salaries 5 years go -- we know you do a good job in helping
the players get a big piece of the pie -- give us the real
time ability to get even a bigger piece.
NO
MORE PIRATES. Too many contract details are being
reported almost verbatim by the media. Supposedly the
contract section of
NFLPA.org is regulated by a password system.
So that passwords can not be given to every media member in
the free world, footprint each agent’s computer. If
Agent Boy’s password is signed on from a different computer
then access to NFLPA.org shuts down – and Mr. Leaky is made
to visit the NFLPA computer police. If an agent wants
to use another computer (i.e., laptop while on the road) to
access the contract (or other password-regulated sections)
part of the NFLPA site, he has to obtain the prior permission
of the PA.
STANDARD
CONTRACT LANGUAGE. No more wasted time on trying
to negotiate with block headed team officials the injury protection
language for drafted but unsigned players. Ditto for signing
bonus repayment language. The NFLPA and NFL Management
Council need to mutually approve standardized language than
can not be altered. Take another negotiating bone away from
the Team money guys. Plus, most players want to do the
deal no matter what the signing bonus language says -- they
only get pissed at you when in comes into effect.
MIMES
ARE SLAPPED. If you negotiate and finalize a Draft
Pick’s contract without communicating the negotiation (rather
than final) numbers to the NFLPA (so it can be sent to all
agents who are also negotiating contracts for similar situated
players in the Draft), you lose the rights to get these reports
for the next 3 years. Nice selling point to future clients.
PUBLICIZE
THE BAD GUYS. If you commit a crime in the real
world it is part of your public record. Same for the bad agents.
Suspensions, decertifications, grievances upheld, failing
to meet filing deadlines -- any NFLPA sanction -- and any
judicial action involving moral turpitude -- should be noted
on the NFLPA web page. Maybe next to the tarnished agent a
small icon --
could be included for
easy reference – along
with an audio message from a former client.
Ron Del Duca
is a sports attorney and NFL agent who represents various
NFL, NHL and professional tennis players.
