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An MLB Where Draft Picks Could Be Traded

It is usually not until later in the year that the discussion surrounding baseball’s inequity bubbles in the minds of writers.  We all know about the huge disparity between the payroll of the New York Yankees and the Florida Marlins, yet the Marlins were able to fight off Goliath in the 2003 World Series. That said, the teams that spend the most money have the best chance to win – which should not be a surprising revelation to anybody.  The big spenders do not only dish out big dollars in Major League free agency, but also in the yearly MLB Rule 4 Draft.  The issue is that many teams that do not have, or are unwilling to spend, big money to pay out the best players available in the draft, will end up selecting lesser talented/projectable players because they are seen as being more “signable”.  Is there any way that the draft system could change?

Major League Baseball is very reluctant to change.  That was evident when Armando Galarraga deserved a Perfect Game, but was robbed by a bad call made by the first-base umpire, which could have been corrected, had the MLB instituted a replay system.  Even since that error, it seems as though instant replay is still far from certain to be implemented in America’s Past Time.

Along with a hesitance to change stemming on the owners/execs side is the fact that changes that they do wish to bring about are often disputed by the strong MLB Players Association.  The MLBPA is not a pushover, whatsoever, and there may be factions within the MLBPA that are not interested in bringing about any changes at all to the MLB Rule 4 Draft.  With signing bonuses likely to be at all time highs (we will not know the actual numbers until the August signing deadline), this is understandable.  There is no way that the MLBPA would be interested in a slotting system.  But what about teams possibly having the right to trade picks?

The NBA and NFL allows its teams to trade picks prior to the teams actually submitting their picks.  The MLB stands alone in preventing that from occurring within its league, and actually continues to prevent teams from trading the players they select until 1 year after those players are drafted.  This forces a team like the Toronto Blue Jays to select a kid like Noah Syndergaard with the 6th pick in Comp Round A.  I have been told that Syndergaard signed for $600,000, which is roughly $300,000 under slot.  No one that I know projected the player to go that high, and Toronto probably figured they could get away spending much less on him than they would with another player that they would have rather taken at that position.  A team like Toronto, with 10 picks in the first 4 rounds, could have traded some picks to a team that needed more picks, in return for an option to move up, not break the bank on multiple high picks, and get someone that they wanted a lot.

It may not dramatically affect negotiations between players selected and the teams that select them.  After all, a lot of the signability concerns are hammered out prior to a player hearing his name called on the conference call (or now on MLB Network on Day 1).  However, perhaps a system that allows for trades will create signing bonus round charts that look more consistent – where the best players are taken at the top and paid by the teams that really want them.

I’m not even sure where I stand on the whole idea, but I think it would be an interesting experiment.

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.

10 replies on “An MLB Where Draft Picks Could Be Traded”

great article, it is a difficult topic but in the end i see them making the transition to allowing teams to trade picks. btw, congradulations on working out the deal and getting cole brand signed, he had a great first gameyesterday. do teams offer some kind of education bonus for hs players that opt to go pro then take a scholarship?

What is the best source to see all signing bonuses from the various rounds? I know baseballrumormill.com has the first and compensation round. Any other good sources?

Ok thanks. Is an advisor just allowed to take a commission on signing bonuses over 100k?

Great article, very interesting comments. Thanks for creating this website, its such a useful tool for young college students like myself trying to learn more about the industry.

An advisor can take a commission off any signing bonus. What you may have confused (Andrew Stiffler) is that an agent cannot take a commission if it dips the clients MLB salary below the league minimum…..but that only pertains to MLB players, not draft picks.

Darren, nice article but i couldn’t see this happening (would love to though) because of the money involved beyond a signing bonus (i.e, education/tuition, etc).

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