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Contract Negotiation Sports Agents

How Do You Properly Value Your Client?

Being a sports agent is no easy task. You must split your time between checking in on current clients, recruiting potential future clients, and then working your ass off to keep your current clients happy (by signing them to endorsement deals, getting them free merchandise, negotiating large contracts with their teams, etc.). But how should you go about showing a team that your client is the guy that they want and that they should be spending top dollars to acquire his services?

This post could really be made into a two hundred page book, but instead, I will try to narrow the issue down to a few bullet points and allow you all to expand on it in the comments section.

Here are a few things you should be focused on when doing research prior to entering a contractual negotiation:

  • What is the market value of your client?
    • What are his weaknesses?
    • What are his particular strengths?
      • You better believe that the weaknesses will be brought up by the other side. You should definitely prepare for those arguments and have counter-arguments available.
  • What is your client’s market looking like?
    • Is it increasing in size?
    • Is there more money being spent overall?
    • Are bottom end salaries rising?
    • Are top end salaries rising?
  • What are similar situated athletes getting paid?
    • How are you comparing and contrasting the “similar” players?
    • Are the stats and tools you are using to compare up-to-date with the current trends?
    • Will the other side care about those particular stats and tools?
  • What type of personality does your client have?
    • Is he very outgoing?
    • Does he show up in a lot of commercials?
    • Will he expand the team’s brand?
  • Has your client peaked or is he still peaking?
    • What is his age?
    • Are his numbers getting better as he gets older?
    • What do scouts say about his potential?
  • What type of contracts have been handed out by the particular team that you are in negotiation with?
  • What are your client’s priorities?
    • You need your client to commit to your negotiation plan.  If he wants to be in a particular town, for instance, his bargaining value may go down.

Believe me when I say that this is only the tip of the iceberg when it comes to things you should be researching before entering into a contractual negotiation on behalf of your client. I believe it is a good start, however. I would like to continue to add and subtract from this list. Please leave your comments below. If you feel uncomfortable doing so, you can always e-mail me.

-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.