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Football Agents Might Be Grandfathered Into New NFLPA

I do not buy into the notion that the football agent profession is going to go from “dirty to sewage” based on the decertification of the NFLPA.  However, there is no denying that anyone can hold himself out as a football agent now, since there is no longer a body in charge of licensing sports agents who wish to negotiate NFL contracts.  There are two caveats to that statement: 1) As of right now there are no NFL contracts to negotiate, and 2) If someone wants to recruit student-athlete football players, he still must be licensed in the states he wishes to recruit.

But what if the NFL Draft remains in place, and what if contracts with teams are actually negotiated?  What will happen to agents who were not previously certified by the NFLPA, but represented players in their contractual negotiations?  If history is a good indicator, those agents will likely be grandfathered in as NFLPA Contract Advisors with the return of the NFLPA.

When the NFLPA last decertified in 1987, Josh Luchs was not yet an NFLPA Certified Contract Advisor.  By the time the NFLPA reconstituted itself as a labor union, Luchs had clients under his belt, and was given the option to become certified, which he accepted.  Luchs paid $300 to the union, signed his name on a document, and became a licensed agent with the NFLPA.  It is likely that the NFLPA will offer the same option, at a much higher price tag, to any agents who are able to secure NFL clients prior to the reconstitution of the NFLPA as a labor union.

Luchs had his NFLPA certification revoked in October 2010 and does not plan on recruiting any football clients while the NFLPA, as a union, ceases to exist.

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.

4 replies on “Football Agents Might Be Grandfathered Into New NFLPA”

what makes you think a team would negotiate, let alone sign a contract with a drafted player before a new CBA is done?

Depending on results of lawsuits, 2011 season could technically occur based on the last CBA. In that circumstance, players will need to be signed. NFLPA may not be back as a union by that point in time.

OK. Didn’t realize that you were operating under the hypothetical situation that the players had already prevailed in the preliminary injunction hearing and the Court ordered football to continue under working conditions that permitted a draft and enabled teams to utilize some presently unknown system to sign those drafted players.

what is the state of this as of today. could an agent who was qualified to become an agent in 2011, but did not because of the lockout, be grandfathered in if they had a client who was eligible and would have entered the draft in 2011?

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