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Need Sports Agents Who Are “No Men”

Sometimes Deion Sanders says things that sound responsible, such as talking to young NFL players prior to the start of the lockout and making them understand that there is “going to be a famine” (in his words).  The demand of lockout loans and agent switching is proof that Sanders was correct in his statement.  Other times, Sanders seems to defend athletes for their actions when they do not deserve any support.  Recently, Sanders said something that I wholeheartedly agree with and hope that many agents read and take to heart.  In an interview, he stated,

“It’s hard to talk to a person when they have millions man because there is so much noise in their life. Everybody around them is employed and they have ‘yes men.’ You gotta start hiring a ‘no man.’ Somebody who is going to tell you no and somebody who is going to tell you the truth and a lot of these guys don’t…”

Is that not exactly what an agent is supposed to be?  If agents are not acting as “no men” then their clients should be dropping them immediately.  If for some reason the athlete does not like that option, then he should be hiring a “manager” who is above the agent and can override his decisions, because the last thing an agent should be is a “yes man.”  But there really is no excuse for an agent to reject being the “no man.”

The agent is the fiduciary of his athlete clients.  An agent certainly breaches his fiduciary duty to his clients when he acts negligently or negligently fails to act on his clients’ behalf.  Notice that nowhere in that statement does fiduciary duty account for following the clients’ wishes.  If following the clients’ wishes, and thereby becoming a “yes man” is actually contrary to how the agent should act according to his fiduciary duty to do what is best for his clients (notice again, not necessarily what the clients think is in their best interests), then he could be considered to be acting negligently.

Think of your relationship with your clients.  Whether or not it will lead to a successful breach of contract case against the you later on, is that really the type of agent you want to be?

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.