Categories
Headline NBA Players Performance Analysis Sports Agents

Agents Bare Burden For Offseason Training During Lockout

NFL players, and those drafted by NFL teams who have not yet signed professional contracts, have been locked out by the league since March 3, 2011.  Not only have these players not had the ability to speak to team management, they also have had absolutely no access to their teams’ facilities.  Whereas players would normally have been working out to stay in football shape at their respective team facilities by this point in time, many are training on their own or in make-shift team workouts put together by individual players on various teams.  Agents have become very important in helping their clients continue to have the opportunity to train independently from their teams.  More than ever, agents are shelling out money to cover training costs for their clients as they remain locked out of the teams’ gyms and practice facilities.

The same thing is likely to occur in professional basketball.  As Sam Amick of Sports Illustrated writes,

Some agents with a longer list of clients have partnerships that will come in handy now, such as Mark Bartelstein with trainer Don Maclean at the 360 Health Club outside Los Angeles and Arn Tellem with trainer Rob McClanahan in Santa Monica. But numerous front-office sources who spoke to SI.com for this story were skeptical that players would be disciplined enough to stay in shape throughout a prolonged lockout.

Certainly agents and agencies with large client lists and expansive bank accounts will be able to front the costs for their rookie clients who need help paying for their training expenses.  However, will these agents and agencies provide any assistance for their veteran clients who have already amassed millions of dollars throughout their careers?  As we know with the NFL, veterans are not immune to poor spending habits and a need to take out lockout loans.  If the same exists for NBA players, expect players to come running to their agents for assistance.  If agents are unable or unwilling to help, perhaps we see basketball players start switching agents with the same time of frequency that NFL players have switched this offseason.  However, the National Basketball Players Association still exists as a formal union (for the time being) and will certainly be keeping an eye on any agent recruiting of represented players during the lockout.

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.