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Retirement

Where Does The Duty End?

There are quite a few things that I would like to change about the sports agent industry. One of them includes a change of trend in the way that agents generally treat their retired clients. On April 20, 2007, I wrote a post titled, Take The Vow, which may sound a little preachy, but definitely exposes my true feelings on the subject. Here’s the main gist of it:

It is too well known that many players bank on their abilities on the field to make money and do not prepare themselves for life after football. It is our job as agents, to change this trend. Promise that you will never give up on your clients, even the ones who turn out to be busts by the media’s standards.

Don’t think the situation is bad? Check out Spencer Folau. He retired from playing professional football at 32-years-old and had no clue how to file for benefits/disability or where to find a lawyer or financial planner. Where was his agent? Nowhere to be found and unreachable [Harris Sells Doughnuts in League of Former Stars].

Franco Harris is an exception. He was able to create a successful bakery after retirement from the NFL, but for every Harris, there are a few Folaus. However, instead of remaining ignorant and allowing his fellow colleagues to enter life after football unaware of the proper steps to take, Folau and former Baltimore Ravens teammate Mike Flynn created Alumni Management Group (AMG), which is a company that assists retired football players.

Athletes should continue to be proactive in shaping a successful post-playing career. At the same time, agents should not drop clients to the curb once they no longer provide services on the field of play. If an athlete wishes to retain his agent for the long haul, the agent should be receptive to helping that client in future ventures. I doubt someone like Folau would have had an issue with compensating his agent in return for helpful advice.

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.

5 replies on “Where Does The Duty End?”

Darren you are right on. This issue is one of the most important to me as well and it is our duty as agents to help all of our clients set up their future outside of professional sports. The fact that ANY professional athlete goes bankrupt is disturbing and it certainly reflects poorly on our profession.

Do you think there is a conflict of interest in helping with an athletes retirement and issues outside of sports? Would it be better just to refer your clients to the right financial planner or someone else whose specialty is in helping people with this type of thing–rather than take on something that agents may not be prepared/trained to handle?

I do not think it is a conflict of interest as much as it may be out of the scope of employment. However, standard representation agreement has a length on it and needs to be re-negotiated/re-signed every year, 2 years, 3 years, etc. If the agent feels comfortable handling retirement issues and the client wishes to allow the agent to remain in his capability, then there is no problem with the relationship. In fact, the agent’s job may be to refer the client to a good financial planner within the new scope of employment.

Yeah that’s a possibility you’d fully disclose to the client in advance and get a waiver on. But I’d also say that if you didn’t feel competent in the matter you should feel obliged to say so and recommend someone who is…

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