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Sports Agents

Think You Are Not Disposable? Think Again

Brian WestbrookAs an agent in a professional sport, you must count your blessings every night and hope that your current clients do not ditch you for the hundreds of hungry agents working while you sleep.  There are more agents out there than potential clients (at least ones that will make you any money), and most players are wrapped up in the hands of the minority of very successful player representatives.  One agent that I am friendly with gave me some free advice and said, If there is one thing you should do, it is take the names of your clients off of your web page.  You are asking for other agents to take that list and try to steal your clients away from you.  I still debate following his word, but have kept the names of my clients public for the time being.

Whether other agents are approaching your clients or not, you can never be too sure that you have forged a strong relationship with those whom you represent; a relationship where they will smile at you one day and then drop you like a dime the next.  Just look at the Philadelphia Eagles as a case study.

Within a matter of days, Lito Sheppard and Brian Westbrook had dropped their agents and hired new ones.  Sheppard let go of All Pro Sports & Entertainment Inc. in favor of Rosenhaus Sports Representation.  Westbrook said goodbye to Fletcher Smith, who had been basically working for free for the past nine months, and signed Todd France.  Even more proof that there is little loyalty is that Westbrook was managed by Eastern Athletic Services before firing them and hiring his now former agent, Fletcher Smith.

I am not saying that former player agents of Sheppard and Westbrook did not drop the ball.  I am merely noting how easy it is for a player to say goodbye to his agent and that there is little to no recourse.

To view the agencies listed above, please go to the Agencies tab at the top of this page.

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.

6 replies on “Think You Are Not Disposable? Think Again”

Are there any sort of contracts agents have their clients sign? If so, are they easy to get out of? That seems like one way to keep clients under your wing. But if that isn’t done, then I guess it comes down to a free for all.

Smart agents will require their clients to sign written agreements. These are often called Standard Representation Agreements or SRAs. Individual leagues may proscribe a uniform contract that a registered advisor must sign with his client as well.

Unfortunately, these contracts are often easy for either party to breach. However, if an agent has performed his duties as proscribed, he is entitled to any work done on behalf of his client up to that point. Example: client signs a 5 year deal with team prior to firing agent. Agent is entitled to commission on entire 5 years of contract.

By Post Author

Darren,

Thanks for the answer. I figured there was something to protect the agents that have already performed work.

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