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Agent Injured

Agent Zero

About a year ago, I gave my opinion that no matter how business-savvy Gilbert Arenas may be, he was making a mistake by engaging in self-representation. Now Nate Jones of Jones On The NBA agrees that Arenas should hire an agent.

Gilbert’s second injury and the evolution of the games of Brendan Haywood and Caron “Tough Juice” Butler has enabled Washington to play around the same level as they were playing with a healthy Gilbert last year (and keep in mind they would probably have an even better record if Caron didn’t miss over a month with his own injury problems). Washington now has the negotiating power. Gilbert has gone through two knee surgeries and his team has learned to play with out him. As well, teams around the league don’t have cap space to compete with Washington and create a bidding war for Gilbert’s services. The only team with cap space that would kind of be an appealing destination for Gilbert is Philadelphia. So if Washington tries to play hardball with Gilbert, and Gilbert doesn’t want to go play in Philadelphia (or Memphis…I don’t see them as an option, that’s why they are locked in this here parenthetical), Gilbert is going to have to seek on a sign and trade with another team. For someone that doesn’t really have negotiating experience, trying to negotiate a sign and trade or even negotiate with a team that thinks they hold all the cards can be a difficult task.

Thoughts?

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.

2 replies on “Agent Injured”

Most critics of Agent 0 believe that it would be his cocksure attitude that would be his downfall. I have not given up on Gilbert, especially with his history of surprising critics (and making them eat their words). Athlete representation is no easy task but I am sure Gilbert has been studying and preparing for issues such as contract negotiating. I wonder who is advisers are.

As a mediator (one who guides negotiations), I can say that two of the most important things in negotiating is knowing what you want as an outcome (your goal) and being prepared to negotiate. I don’t know Mr. Arenas very well or his level of negotiation experience. It would seem to me that this type of negotiation will be difficult as there are moving targets (other players being signed into the slots that you may fit into, sign and trades that have near limitless combinations).

So, will Arenas go solely for the money or a chance to win (or some sort of combination)? What is important to him?

Will he or his advisors do a salary cap analysis? Will they do an analysis of what his comparable worth is? Will they identify target teams (or player trades)? Will they wait for the phone to ring or aggressively seek out suitors?

I understand most self-represented players usually have attorneys who help them with some of these negotiating issues. Attorneys range from good to bad. Let’s hope for his sake he makes the right decisions.

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