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Sports Agents

Personal Favor

Guest contribution from an entity within the sports representation industry.

Several weeks ago Phil Mickelson publicly announced that he planned to take the week off to spend time with family. The reactions (barring those to his additional comments about PGA Tour Commissioner Tim Finchem) were polarized. They were either rants from people with “real jobs” who had sacrificed time with their families, or people applauding his family values—and they were fascinating to read. Several people assumed that Phil received bad advice from his representation and/or PR people about discussing his plans publicly. While I can say with reasonable certainty that this is not the case, I also recognize that public opinion about agents and PR people is irrelevant. In fact, sometimes it’s the job of the agent to take the rap for a decision made by the client.

There are tons of questions I could ask about the role of an agent in advising his client on speaking publicly, or about clients who choose not to listen to their agents and the predicament that puts the agents in, but the question I really want to ask is what role does an agent have in his/her client’s private life? The blurring of business and personal relationships in this industry can make it difficult to navigate. I personally prefer to compartmentalize my life and keep business and personal relationships separate. That said, it’s not always possible, and though I find it intellectually uncomfortable (the memory of terminations past always lurks in the back of my mind) I usually end up enjoying myself in these social interactions. While the technical job description mandates that agents negotiate contracts and solicit opportunities for their clients, a friendlier relationship often develops. Just sitting in the office today I’ve heard two agents call clients about impending births—one client took the call while sitting in the delivery room.

The set of variables, and consequently the relationship, becomes more complex as it applies to female athletes.

  • How does the agent deal with the husband of a female client who may feel emasculated by her earning power?
  • How does an agent safeguard his client’s future financial interests, especially if she plans to have children?
  • What about the biological decisions most women have to make, specifically about when and how to have children?
  • What is a young, single, male agent to do if he has relatively little understanding of these circumstances?

For most women who have invested considerable time and energy in their careers, the prospect of becoming a mother can be scary. Statistically, women spend more time caring for their children than their male partners, even if they work outside the home (see “Children’s time with Fathers in Intact Families” by W. Jean Yeung, John F. Sandberg, Pamela E. Davis-Kean, and Sandra Hofferth). Add to that the fact that these women depend on their bodies for their careers, and the uncertainly of prospective motherhood can become terrifying.

Certainly understanding these elements, which are so often not talked about, is critically important if you have a personal relationship with an athlete. In spite of the complexity of the relationships, the overt question boils down to the simplest principle of sports agency: how does one best serve the interests of a client? The answer, I believe, is equally simple. Follow their cues and do as you are asked, and act happy for them no matter what.

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.