Agents: Friends, Foes, or Your Biggest Investment?

Although there are vast amounts of successful non-attorney agents that athlete’s may choose for representation, those that hold pivotal significance and vital characteristics that typically benefit an athlete’s career are usually attorneys. Attorneys are the focal points simply because they have the ability to influence a majority of the athlete’s life decisions. Three Reasons why all athletes should chose an Attorney-Agent over a Non-Attorney Agent:

1.     It would cost the client more economically to hire a Non-Attorney Agent because of the difference in educational background.

Retaining an attorney-agent saves thousands of dollars over the course of an athlete’s career. If an athlete retains a non-attorney agent they would still have to hire an attorney for certain transactions that non-attorney agents do not have the knowledge or capacity to complete. Retaining a non-attorney agent for negotiating contracts and later securing an attorney for other legal matters causes the client to pay the three percent fee to the agent in addition to attorney’s fees for representation. If, an athlete retained an attorney-agent, there would be solely the three percent representation fee for being the agent, however they would also be representing the athlete in legal matters without having to retain an additional attorney and acquire more fees. Although it is not required for an agent to attend law school, a person must attend 4 years of undergraduate, 3 years of law school to acquire a Juris Doctors, and study, sit and pass the bar in the state(s) they desire to practice. On the other hand, a non-attorney agent may only have a high school diploma, and no desire to attend college or any other equivalent program—this does not guarantee the client has quality representation.

2.     Retaining a Non-Attorney Agent provides opportunities for mismanagement, negligence and incompetency

Attorneys are regulated by the Model Rules of Professional Conduct that provides guidelines for standards of professional conduct and behavior. There are countless regulations, however, I will only review a few that pertains to agency. An attorney cannot solicit clients and business, while a Non-Attorney Agent may do so (aggressive solicitation by Non-Attorney Agents is a turn off for athletes). Attorneys may not charge excessive fees and they also may not represent two adverse parties in a dispute (conflict of interest). Violations may result in suspension or disbarment of an attorney, hence the need to regulate ensures competent and diligent representation. On the other hand, Non-Attorneys are not regulated by these rules and policies; therefore there is no guaranteed way to govern their behavior and professionalism. Although, a conflict of interest does pertain to a Non-Attorney there may not be any particular punishment for a violation. Non-Attorney agents are regulated by the Uniform Athletes Agent Act (UAAA) as well as the Sports Agent Responsibility And Trust Act (SPARTA), but this does not ensure professionalism or competent representation, this solely is to regulate the behavior to provide a fair playing filed of competition to all agents as well as the athlete—whether they are amateurs or professional athletes.

3.     Hiring a Non-Attorney Agent would result in the inclusion of an attorney for all other legal transactions.

A Non-Attorney Agents have the ability to negotiation contract agreements and provide media relations, marketing and press opportunities, however, an athlete must consider prenuptial agreements; wills, trusts, and estates; lease agreements; property matters; intellectual property rights and things of the like. An Attorney-Agent has the capabilities of more than just employment contract negotiation. The role of an Attorney-Agent is to provide services that include but are not limited to: legal counseling; obtaining and negotiating endorsement contracts and other income opportunities; financial management and planning advice; career planning counseling; marketing of the athlete through public relations and other means; tax planning, financial planning; sports medicine consultation; insurance concerns; and resolution of disputes arising under an employment contract—all of which an athlete may possibly encounter in the duration of their career.

The sports industry has been the most competitive yet idolized profession for over thirty years. It has been expanded, and has grown at a very rapid pace, faster than the athletic clientele. The most reasonable solution to minimize incompetent representation is to restrict athlete agency to strictly attorneys, solely because it would: save the client thousands, if not millions of dollars; reduce or eliminate malpractice, negligence and mismanagement; and you exclude the “middleman”. The middleman is the non-attorney agent, who would be required to retain an attorney for the legal matters beyond their capacity.

Queen Tut

The Woman in the Man Cave

The WOman in the man cave

The San Antonio Spurs hired Becky Hammon as an assistant coach, making her THE FIRST female assistant coach to be hired full time in NBA history. This has opened the floodgates of opportunity for other women in the sports market. This may be minute to men in the market, but for a sport that is dominated by men, regulated by men, coached by men, and reported by men; this is a significant step for progress. This is not to say that women need to be included in every minor detail of sports, however, this does grant us access to more than just the behind the scenes jobs as well as the more feminine career paths.

            You may be wondering, “What is so special about her to make her qualified to be an assistant coach in the NBA.” Hammond just completed her 16^th season playing in the WNBA, she was named one of the WBNA’s top 15 players of all time, she was prolific scorer during the prime of her career, is a team player and knows how to maintain her self on and off the court. At Colorado State, she was a three-time All-American, however she went unpicked in the 1999 WNBA draft. She continued to work hard and eventually signed with the New York Liberty and later was traded to the San Antonio Stars were she flourished. Her resilience, patience, dedication has landed her not only in the WNBA but also in a historical position of assistant coach in the NBA.

            Hammon is an inspiration to all young women chasing dreams in a male dominated career. This can be viewed as a woman entering into the “man cave”, she deserves to prove to the world that she is capable of coaching a male team, but more importantly, that women are capable of doing all that men are given the opportunity to.

Some may be asking “well, she played in the WNBA, that’s completely different from coaching in the NBA”, while this is true, Hammon has earned All-WNBA Team honors four times and was named a WNBA All-Star six times—which proves that she has been successful at the highest levels of basketball. She has a story of failure and disappointment that can be utilized to uplift, encourage and assist any team she comes in contact with.

Other NBA teams are playing checkers while the Spurs are playing chess; this was an extraordinary move, because it shows that the Spurs are ahead of the curve. This was a move in favor of the entire franchise, not necessarily just the team or just the coach. It’s a statement to the league that the Spurs are turning over a new leaf and are open to change. They have been called—boring to watch, great old players, who have a bland home court, basic uniforms and boring colors. After, defeating the two-time defending champions Miami Heat they are ready to add more to their reputation than just ordinary, safe, day-to-day remarks.

A stand for one is a stand for women. 

Queen Tut

Dreams and Aspirations: A Multimillion Dollar Career that Ended before it Started. Isaiah Austin

Imagine for a moment, the dream you always chased, worked hard for and settled your heart on, was ripped from under you at any given moment. Imagine, having the reality of your dream in the palm of your hand, and having to watch your opportunity be given to someone else because of something beyond your control. Now imagine, if that dream had millions of dollars attached to it. Would you feel like you were robbed? Would you feel like you robbed yourself? Would you risk it all and pursue your dream anyway? What if it meant life or death? Isaiah Austin is a 7’0” tall basketball player for Baylor University. He had a dream of entering the league and playing professionally. As a 7’0” athlete who wouldn’t want him on their team?! He would have entered the draft but for severe medical conditions. Austin played basketball his entire life; he has practiced and trained for the moment to be evaluated by professional teams. Fortunately, this moment came, a moment he had always dreamed of. Unfortunately, the results would change his life forever.

Austin has played basketball for as long as he could remember, and even with impairment he continued to work hard. Rather than taking self-pity on himself he decided to use his disadvantage as motivation. At the age of eight, Austin was hit in the eye with a baseball. This ruined his retina that permanently damaged his eyesight. After undergoing multiple surgeries, he was completely blind in his right eye and ultimately lost his eye entirely—even this did not impede his passion and love for the game of basketball. Austin continued to work hard and fight for the dream he knew he could accomplish.

Recently, Austin entered the NBA draft and after medical testing, he was denied his dream. The doctors report stated that he has a rare condition called Marfan syndrome that interferes with his body tissue. However, if he over works himself his heart may rupture. His dream is over, he may never be able to fully play the game of basketball that he once cherished so much. In a sense this could be considered a blessing in disguise because had he not gone to the draft this year and continued to play for Baylor University, he could have overexerted himself and the results could have been tragic. This disappointment has saved his life and for that, Austin and all of his fans, should be eternally grateful.

Austin is extremely and undeniably talented; it would be very disappointing to allow his talent to go to waste. I propose that since he still has intercollegiate eligibility Baylor University should honor his scholarship so that he may continue his education. Upon graduation, he should be offered an assistant coaching position this would ensure that he still has the ability to affect the game of basketball without putting his own life at risk. Being a coach would put him on the other side of the game, teaching what he has been taught and inspiring athletes to persevere through adversity. The good news for Austin is that he has his talents insured and since he is unable to play not because of his loss of eyesight or his shoulder—but because of Marfan syndrome—Austin can cash in on his million dollar policy, for his lack of a basketball career. Some may be thinking its great that he’s making a million dollars and does not have to play another day in his life, but it seems that the love of the game is more important to him than a million dollar insurance policy—that’s passion. When no amount of money can alter the love you have for the desired dream.

The moral of this story is to always strive for your dreams, regardless of what you may be facing; continue to work hard and remain positive. When you have a passion for something, use your downfalls as a mechanism that ignites a motivating force to propel you to another level you never knew you could reach. Sometimes God does not give us what we want—in this case the opportunity to play in the NBA—because we deserve something better—the gift of life.

Queen Tut

Freedom of Speech v. a Depraved Heart: Donald Sterling Banned for Life

Sterling judgmentally discriminated against minorities—primarily African American’s—by refusing to rent housing units; paying African Americans significantly less than Caucasian employees; and intimidating or bullying team players; all of which has been documented. Broader than the business spectrum and delving into his personal affairs—he has been married to his wife Rochelle Sterling for over 50 years, and has been involved with his mistress for the past 4 years, purchasing her a $1.5 million condominium, a Range Rover, 2 Bentley’s and a Ferrari. Prior to this arrangement, he had extra marital affairs with different women. All of these facts were of high relevance when the commissioner decided a suitable punishment. This is an elderly rich Caucasian man who lacks morals to say the least. Although he is banned from the NBA for life, he still held primary control as the “owner” of the team until recently. The $2.5 Million fine is not a substantial amount of money in comparison to his net worth, which is equivalent to a slap on the wrist.

After the racist allegations of Donald Sterling, he neither confirmed nor denied the statements. After an intense investigation, it was found to be Sterling, all the while. The commissioner decided to ban Sterling from attending any games for the rest of his life. Let’s think about this. Sterling is 80+ years of age, how much of a punishment is this? Though, this is more justice than him paying a sanction, being banned is not extensive enough for the statements made. There should be an amendment of bylaws in the NBA, for when similar situations arise. Now he is obligated to sell the team to someone who's values are more aligned with the NBA. He purchased the team at 20 Million, but will be selling for 2 Billion, that is a profit of one billion nine hundred eighty million (yes you read that correctly). This amount of money is a reward to the reasonable lay person, but in this instance it does not punish him for his actions instead it gives him more than what he gained originally.

Some may argue that these conversations were private and he should not be obligated to forfeit his property interest in his team. Should the land of the free restrict free speech of others? Should that rise to the level of taking the property and liberty of its citizens?  When the effect of his conduct has interfered with his business and the team as a whole, there’s only one answer and that is that of the affirmative. The majority of his team (including the coach) is African American, without them; there is no team and therefore no game, which ultimately alters the game of basketball. It is morally unfair to ask African Americans to continue to work for and with him, until HE decides to sell the team (could proceed after death). He is a self-made billionaire, a retired practicing attorney and businessman. He feels entitled to his wife, mistresses, the team and attention. There is no remorse for his actions and thus, the punishment should be more severe than just the banning. Selling the team is the best alternative solely because the fraternity of owners do not agree or want to be associated with such a situation.

Freedom of speech comes with a price, unfortunately for him it cost him his livelihood. Loose lips sink ships!

Queen Tut

21st century Willie Lynch

Donald Sterling: Reader Discretion Advised, offensive and disturbing contents included

Donald Sterling is the “owner” of the NBA team the “Los Angeles Clippers”. It has been long stated that he is a known racist but his recent statements have caused a necessary uproar in the NBA. A female took a picture with Irvin “Magic” Johnson and posted to her Instagram page.

On an audio recording he said:

It bothers me a lot that you want to broadcast that you’re associating with black people. Do you have to?...You can sleep with [black people]. You can bring them in, you can do whatever you want.  The little I ask you is not to promote it on that ... and not to bring them to my games…I’m just saying, in your lousy f******* Instagrams, you don’t have to have yourself with, walking with black people...Don't put him [Magic] on an Instagram for the world to have to see so they have to call me.  And don't bring him to my games.

Many are justifiably appalled by what he said. The comments are degrading, rude, offensive, obscene, profane, disgusting, inappropriate and upsetting. We have come too far in America to allow such statements to be made without any consequences. The term “owner” contains negative connotation but after these statements, it causes everyone to consider in what manner Sterling applies it. To say that racism doesn’t exist in 2014, solely due to the fact that we have stopped cleaning the white house and now run the white house does not defeat racism. In instances, where minorities have reached high places, it encourages the rest of minorities to strive and achieve higher ground. The negation of this is to say that when we succeed as a people, the “entitled” majority does not see where we deserve to be included on the same standing as them.

As a business man and owner of an NBA team, he should have known that these statements (even if he genuinely believes them) should not have departed his lips. He should have been aware that this is beyond bad timing and that he is about to embark on a decline of supporters, not only of minorities but also Caucasians who don’t wish to associate themselves with such thoughts and actions. This behavior is inexcusable and should embarrass not only the majority but the NBA as a whole. As an owner of a team, he has African American players, who generate revenue for his team, increasing his bank account, yet he wishes to discriminate against African Americans from attending Clippers games. Luckily for him, the Constitution doesn’t enforce discrimination of private actors, or this would be a HUGE law suit.

Many people would think that it’s necessary for the players to strike, boycott, or something of the like, but we must consider that at the end of the season, they still have an obligation to perform to the best of their abilities, in good faith. Once the season ends, each player may seek to become a free agent or traded to other teams. This statement should not be supported in any way shape or form.

The end result should not be a ban of Sterling from a few playoff games, an excessive fine or suspension; instead he should be forced to sell the team for the greater good of the NBA because failure to do so would result in the appearance of the NBA condoning such behavior.

Queen Tut