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An NBA Lockout May Affect Early Entries And The Overseas Market

Yesterday, I was involved in a great discussion about the NFL Lockout, which I will include a link to in a future post.  I also had the opportunity to answer some questions for Marcus Shockley at Basketball Elite regarding a potential NBA Lockout and how it may affect players who are or may enter the 2011 NBA Draft.  Here is a portion of the Q&A:

If players cannot sign or collect a paycheck during a lockout, would this likely affect players deciding to go pro early?

Heitner: It certainly is affecting players’ decisions to leave college early to play professional basketball. We already have witnessed Sullinger state he is coming back, and more recently, Harrison Barnes has indicated he will return to North Carolina. These are two players who had a very strong chance at being selected in the top 5 of the first round. Others such as Kyrie Irving, Derrick Williams, and Brandon Knight are rumored to be waiting and listening as to what will occur in CBA discussions between now and the deadline to withdraw from the Draft.

There are mixed reports that some agents are attempting to gather funds to help their players during an extended lockout. Is this accurate, or just speculation, and if true, would it extend to players entering the draft?

Heitner: At this point, it seems to be mere speculation, but I certainly would not count that out. I remember last year when Xavier Henry would not sign with the Grizzlies because the team refused to sign him at 120% of his slot (which many teams do without even questioning the player selected). His agent, Arn Tellem, told a newspaper that he was ready to pay his client the difference if the team would not oblige. The bigger agents and agencies with large reserves will certainly be in a better position to provide funds to clients in the event of an extended lockout.

For players who are seniors entering the NBA, is there a possibility that a long term lockout would lead some to try playing overseas for a year?

Heitner: It is not only a possibility, I see it as a likely consequence. Many of these players do not come from the best socio-economic backgrounds and need to start earning money as soon as they leave school. The domestic leagues other than the D-League leave much to be desired in terms of level of play and payments. Furthermore, players need to continue to develop and not lose any part of their games. I do believe that in the case of an extended lockout, players will look to go overseas, but it will not happen until it is clear that the lockout will cancel a majority of the NBA season.

By Darren Heitner

Darren Heitner created Sports Agent Blog as a New Year's Resolution on December 31, 2005. Originally titled, "I Want To Be A Sports Agent," the website was founded with the intention of causing Heitner to learn more about the profession that he wanted to join, meet reputable individuals in the space and force himself to stay on top of the latest news and trends.

Heitner now runs Heitner Legal, P.L.L.C., which is a law firm with many practice areas, including sports law and contract law. Heitner has represented numerous athletes and sports agents as legal counsel. He has also served as an Adjunct Professor at Indiana University Bloomington from 2011-2014, where he created and taught a course titled, Sport Agency Management, which included subjects ranging from NCAA regulations to athlete agent certification and the rules governing the profession. Heitner serves as an Adjunct Professor at the University of Florida Levin College of Law, where he teaches a Sports Law class that includes case law surrounding athlete agents and the NCAA rules.