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Case Study: Karsten Whitson’s Decision Not To Sign With The Padres

The NCAA requires that a player selected in the Major League Baseball First-Year Player Draft pay his advisor at his or her normal rate for such services if the player hopes to maintain his eligibility at an NCAA school.  Thus, if Troy Caradonna of SFX was to follow that rule, which many people say goes ignored by quite a few baseball advisors, Caradonna could have expected to earn quite a bit of money based on Karsten Whitson’s signing bonus.  Whitson was selected #9 overall in the 2010 Draft by the San Diego Padres.  An offer of $2.1 million was not enough to convince Whitson to go pro out of high school instead of attend my alma mater, the University of Florida.

Soon after the signing deadline passed, Padres owner, Jeff Moorad, stated that he was disappointed that Caradonna first gave the team a number concerning what was needed to sign Whitson only 15 minutes prior to the deadline.  Moorad said that he felt sorry for Whitson and felt that he was misled by Caradonna.  But maybe Moorad should not feel that bad for Whitson.  Apparently, Whitson’s decision is working out for the best (although maybe not the best from the Padres standpoint).

Baseball advisors have the very difficult task of advising their clients whether they should take the offer presented by the drafting team or forgo the offer and go to college.  It is very rare to see a high pick like Whitson decline an offer in excess of $1 million, but no two players are the same.  Players come from different socio-economic backgrounds, have different levels of physical and psychological development, and have different needs and desires.  As reported by Yahoo!’s Kendall Rogers, Whitson flat out did not think he was ready for pro ball and wanted to play baseball for the Florida Gators.  I’ll take a stab at it and assume that his family is not hurting for money.

Whitson might not make $2.1 million again in 2013, which is the first year that he will once again be eligible to be selected in the MLB First-Year Player Draft, but maybe that is not such a big concern to him.  Three years from now, he will hopefully have received a good education, excellent training, and had the chance to mature and become a great professional athlete.  His arm could blow out before then, but maybe he is the type of man who thinks there will be other opportunities out there for him should the unfortunate occur.

None of us can comment on whether it was a good or bad decision, because it was a personal decision that was unique to Karsten Whitson.  These decisions must be made on a case-by-case basis; there is no objective answer based on money and slot alone.  That is why having a competent advisor to help out is so very important.  I hope that Whitson is happy with his decision; he is the only person that he has to please.

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.