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Not Drafted Into The NFL. What Happens Next?

Many of you are well aware that Dynasty did not have any of its clients selected in the 2009 NFL Draft.  I cannot say that I am all that surprised, considering that it was our first year giving it a try.  We definitely learned a lot from the process and hope to improve on our results next year.  That being said, just because you do not have a client drafted, does not mean that the world is crumbling down on your clients and your practice.  In fact, many players are signed as free-agents right after the culmination of the draft and others are invited to team mini-camps for tryouts.

Rulon Davis is one of the many players who accepted an offer from an NFL team at the conclusion of the draft.  He signed with the Denver Broncos and has received excellent reviews by many who have seen him perform with the team thus far.  Andrew Johnson decided to join the Cleveland Browns in their minicamp on a tryout basis.  Many players and their agents are working the phone lines and communicating with team personnel well in advance of the naming of Mr. Irrelevant.  And many of the UFA (undrafted free agent) deals are signed within a couple of hours of the last name being called.

New Orleans Saints coach, Sean Payton, recently talked in depth about the process of signing UFAs.

“It’s like you have two hours where with recruiting there’s a time frame that exists for months where you can build up a relationship with a player and a coach and a family member,” Payton said.  “But when the draft ends, you’re really selling on the phone for two hours.

“Hopefully you’ve been able to make contact with a scout, maybe a prior phone call to build a relationship so when that time comes there is some familiarity with a scout or coach to bring the player to the forefront. . . .  It’s a very similar process throughout the league.  Once the draft is winding down, you’re looking at your board and getting on the phone and trying to make sure that you’re answering all of their questions.  The challenge is that the agent and the player are getting calls from five or six different teams and the challenge is making sure that that’s organized.”

“Some team might decide to pay a player $15,000 as a bonus as opposed to $5,000 and that might sway a player,” Payton said.  “The one thing I do think, though — and the agents have done a good job with this — is that they have studied closely the depth charts and tried to find the best place for their client.

“The additional five, six or seven thousand dollars really is not going to offset the opportunity to make a roster.  You’ve heard me talk about our experience in Dallas with Tony Romo, after the draft as a free agent when he had eight or nine teams calling and he took less money to come to Dallas.  I think the decision was good on his part because he looked closely at the depth chart and felt like that was a place where he had a chance to make the team.”

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.