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Contract Negotiation NFL Players NFL Teams Sports Law

The End Of The Franchise?

Bears 2007 Franchise Tag player, Lance Briggs, wants out of Chi-Town.

I opened up ESPN.com yesterday to find Len Pasquarelli telling me that Lance Briggs is very upset with his franchise tag, hates the Chicago Bears organization because of it (makes sure to leave the actual team out of his disgust), and wants to be traded [Franchised Briggs says he wants trade from Bears]. But is it really the organization’s fault, or should Briggs be blaming a different organization that he belongs to?

When I think of the NFL Franchise Tag, MLB’s antiquated Reserve System pops up in my head. This system was done away with as Free Agency was formed. The NFL has seen a similar type of Reserve System when it was operating under Plan B, which allowed each professional team the first chance to sign up to 37 players on its roster. If any of those players left for another team, the prior team would be compensated.

Plan B was found unconstitutional and in violation of antitrust laws. Owners were still hesitant against giving up all of their rights to restriction, and when Collective Bargaining Agreements were created between the NFL owners and the NFLPA, the owners made sure to include the Franchise Tag.

The Franchise Tag was originally intended for owners to be able to lock up their #1 stud, but the tag has not been used for such purposes [Players losin’ at this game of tag]. Instead, rising second-tier stars have been tagged, and many (like Lance Briggs) have been getting upset about it. But instead of blaming the organization that you play for, why not blame the organization that represents you in signing the actual CBA that limits your free agency options? The NFLPA is officially recognized as the union representing the players, so if players are upset with a particular rule, then the NFLPA is responsible for acting on behalf of its members in future negotiations. And agents, you are responsible to bother the NFLPA until it acts in the best interests of your clients. Briggs, you owe the Bears organization an appology…

But not only for blaming the wrong party. Maybe his agent should inform him that there is a difference between being designated an exclusive franchise player and a non-exclusive franchise player. See, Briggs is wrong in thinking that he has no right to negotiate with other teams. As a non-exclusive franchise player, Briggs can bump up his pay check by signing with another team and playing with the new franchise for that amount of money (and the new franchise giving up 2 first-round picks to the Bears), or being re-signed by the Bears for the new salary that was offered by the new team. In all honesty, the chance that a team is going to give up 2 first-round draft picks is slim, but at least there is some course of action for Briggs.

All in all, we talk about teams franchising players all the time, but do not look very deep into how it is affecting the players who are tagged. Briggs is one of the first to vocally express his feelings on the matter. While he may be wrong in many of his accusations and threats, it is important for the league and the union to pay attention to his words.

-Darren Heitner

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.

3 replies on “The End Of The Franchise?”

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Lance obviously feels that the Bears need to either compensate him for his work, or that he should be put on another team that will. In my opinion, Lance should sign with another team, if that is a viable optopn under the non-exclusive franchise tag. Many other teams will be looking to compensate him the money he feels he deserves

[…] Remember when everyone was going nuts about the Lance Briggs situation?  Briggs was mad that the Bears Franchise Tagged him, he loathed the Bears organization, and wanted out of the city [The End Of The Franchise?].  But the major thing that I pointed out here at SportsAgentBlog.com was something that most major news sources were overlooking.  They were too busy bashing Briggs, bashing the Bears, or somewhere stuck between both extremes.  As I declared: Maybe his agent should inform him that there is a difference between being designated an exclusive franchise player and a non-exclusive franchise player. See, Briggs is wrong in thinking that he has no right to negotiate with other teams. As a non-exclusive franchise player, Briggs can bump up his pay check by signing with another team and playing with the new franchise for that amount of money (and the new franchise giving up 2 first-round picks to the Bears), or being re-signed by the Bears for the new salary that was offered by the new team. In all honesty, the chance that a team is going to give up 2 first-round draft picks is slim, but at least there is some course of action for Briggs. […]

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