Categories
Headline MLB Players MLB Teams NFL Players Sports Agents Sports Law

Does Scott Boras Ever Feel Conflicted?

I started reading the website HardballTalk a couple of weeks ago, after a partner at the law firm I am working at told me that it is one of his favorite places to go to find baseball information.  Since then, I have been hooked.  I especially enjoy it when Craig Calcaterra, a former lawyer, talks about legal issues.  One of his recent posts questions whether Scott Boras’ expansive client list ever creates a conflict of interest.  Apparently this is a subject that Calcaterra attempts to tackle every year.

At the time Calcaterra wrote his piece, Jayson Werth and Adrian Beltre were still free agents.  As Dan Furey pointed out yesterday, Werth is off of the market, after signing a contract that almost made Furey fall off his chair.  But Calcaterra did bring up an interesting general argument when it comes to Boras clients.

What happens if, in the course of a negotiation over Client A, someone on the Sox alludes to the fact that they’d prefer to spend money on Client B, or someone very much like him? I’m curious about how Boras handles that. I’m curious as to his explanation about how hitting the Sox as hard as he can in the course of a negotiation for one of his players doesn’t necessarily harm the interests of another who is obviously sought by the same team. One possible answer is that subordinates handle negotiations and are “walled off” from the man himself to keep things kosher, but I don’t think either Adrian Beltre or Jayson Werth hired Boras to be represented by a suboirdiante.

I also do not buy an argument stating that Boras does not handle his marquee clients’ negotiations himself.  This topic reminds me of a post that I published on May 8, 2009, which partly discussed David Dunn of Athletes First’s representation of Mark Sanchez and Kellen Clemens, who at the time was fighting with Sanchez for the starting quarterback role.  In the post, I quoted Mike Florio of ProFootballTalk.com, who wrote:

Every agent should want his client to be a starter — and should be doing everything he can to make the case for the player to start.

Clemens needs an agent who’ll be doing just that.  And Sanchez needs an agent who’ll do the same, especially since his contract will have a big-money one-time bonus triggered by participating in 35 percent of the snaps this year, of which Dunn will get a fee.

Dunn, however, has no choice but to keep his head low and his mouth shut.  So, neither guy will be getting the best possible representation.

It’s a conflict of interest.  And one of the two players should hire a new agent.

Should it also be said regarding Boras’ representation of free agent players at the same position?  While it may not be an issue of who is starting, it could come down to who is signed by what team and for how much money.

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.

3 replies on “Does Scott Boras Ever Feel Conflicted?”

next check out it’s sister site, profootball talk. Florio’s posts will be a real eye opener for you. you also will have the ability to mine the site for more rapid info to post on your site.

From what I’ve read about Boras, he probably doesn’t have a conscience that doesn’t have a dollar amount attached to it. He probably fights for the most money he can get for every single client–because he’ll get a cut of it.

Comments are closed.