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Colleges Sports Agents

The Wall/Clifton Connect

Recently, I pondered whether it is ethical for a university to hire an AAU coach when that coach is known for advising one of the top upcoming players in the country.  It was based on Baylor University announcing the hiring of Dwon Clifton, the former head coach of D-One Sports (AAU powerhouse).  He has had premier access to John Wall, one of the most recruited and promising youngster in the United States.  Now there is a new, interesting twist to the Clifton/Wall connection; however, this one deals with Dwon’s brother, Brian Clifton.

Brian has been on the bench along with Dwon, coaching John Wall to become one of the top prospects in the country.  Four months ago, he was a licensed sports agent. In the post mentioned at the beginning of this topic, I also thought about how ethical it would be for a sports agency to bring on an AAU coach to help recruiting efforts.  But what about a sports agent becoming an AAU coach?

Gary Parrish of CBSSports.com says no can do:

The NCAA’s newly implemented online coaches approval program…features the following question:

Are you a licensed sports agent, runner/recruiter or representative/agent/employee of a sports agency?

Answer “Yes” to that question and you are automatically ineligible to be on the sideline for a summer league/AAU team. There is no gray area. So the only way for Clifton to honestly answer “No” was to withdraw his license, and doing that allowed him to spend the entire summer coaching prospects — just like he did in the summer of 2007, when he still was a licensed agent — and nurturing a relationship with the best prep point guard in the country.

Again I beg the question: ethical?  Become a licensed agent, then withdraw your license only to become licensed again after you get some one-on-one access with a top recruit?  Without assuming anything, this story sounds a little fishy.  To Brian Clifton’s defense, he says that he will not reapply to be an agent once Wall declares for the NBA and that he will not take any handler’s fee from an agent looking to sign Wall up.

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.

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