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The Aftermath Of The Andre Smith Suspension

Could Andre Smith‘s suspension from the Sugar Bowl actually strengthen his draft stock?  Improper dealings with an agent really does not speak much of an athlete’s character.  It definitely reflects poorly on the agent who should know better than to confront a potential client before the college season is over, but it is not like Andre Smith spit on a girl in a nightclub or was carrying around a firearm and shot himself in the leg.  If the suspension does not reflect poorly on Smith’s character, might it have made a stronger case that he should be the #1 overall pick?   Alabama’s offense looked real weak against Utah in the Sugar Bowl.  I assume that many more holes would have been opened for the Crimson Tide runningbacks if Smith were in the game.  Might Smith’s absence be a big reason why Alabama lost?  Does that make NFL teams value him even more now?

Anyway, the University of Alabama has begun an internal investigation into what actually happened and what agent is behind the recruiting effort.  Remember, we are dealing with the state of Alabama, which means that someone is bound to be held accountable and ultimately punished.  If the university takes no action, you better believe that the Attorney General’s office will do something about it.

“The attorney general’s office has been active in prosecuting sports agent violations,” [Attorney General’s office spokesman Chris] Bence said. “It’s a felony. That’s a serious law.”

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 “The Aftermath Of The Andre Smith Suspension”

Should the agent be civilly liable if Smith is drafted anywhere below #2? But for his negligence, Smith stood to make more money. That said, I think you’re right that most if not all GM’s will (correctly) looks beyond this relatively minor and insignificant episode.

Will the agent actually get prison time? Will he just be fined and stripped of his license to do business in Alabama? Very interested in knowing the answer to these two questions.

I think it is very debatable about whether this shows a lack of character on Smith’s part. What it definitely does show is a complete lack of judgment showed by some college athletes. Andre Smith has no doubt been educated about the rules of engagement with agents by the compliance department at the University of Alabama, and by his junior year, he should know how to act. Without all the facts, it’s hard to really comment on the situation, but I do know that whatever Smith did led to his suspension and could have been avoided. I also would say that this violation probably won’t negatively impact Smith’s status as a NFL prospect too much, but it shows a lack of regard for complying with rules, which may turn off some NFL scouts and hurt his draft stock a little. In any case, we need to do a better job in educating athletes about the consequences of improper dealings with agents, especially around this time of year.

And it takes two to tengo…the unknown agent isn’t the only one who is culpable.

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