• Hassan Adams – David Lee (David Lee Services). Currently playing for Rain or Shine Elasto Painters of the Philippine Basketball Association.
• Gilbert Arenas – No agent
• Jerryd Bayless – Jeff Schwartz (Excel Sports Management)
• Mike Bibby – David Falk (FAME)
• Chase Budinger – Kevin Bradbury (BDA Sports)
• Channing Frye – Rob Pelinka (Landmark Sports Agency)
• Jordan Hill - Kevin Bradbury (BDA Sports)
• Andre Iguodala - Rob Pelinka (Landmark Sports Agency)
• Richard Jefferson – Todd Eley (Stratosphere Sports)
• Jason Terry – Dan Fegan (Lagardere Unlimited)
• Luke Walton – James Tanner (Williams & Connolly)
• Marcus Williams – Aaron Goodwin (Goodwin Sports Management). Not quite sure what happened to him.

BDA Sports and Landmark Sports Agency both seem to be in the lead with two players each, but no one firm has dominated Arizona basketball over the years.  Other big names seen at many other schools include Williams & Connolly, Lagardere Unlimited, and Excel Sports Management.  Thus, it seems like anybody has a shot at Derrick Williams, who has to be leaving after this year.  As stated last week, BDA Sports, Landmark Sports Agency, and Wasserman Media Group (which is not listed above) are all pushing for the right to rep Williams.  Time will tell who the victor will be.

Agent Selection Scenarios: Arizona Basketball from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

The request by his attorneys is that Gilbert Arenas receive probation with community service, with no mention of jail time.  Gilbert Arenas is portrayed as a normal human being; someone who is not as bad as the media has made him out to be, but not someone without any faults, either.  There is a strong focus on his charity and his philanthropy.

The crime is carrying a pistol without a license.  More specifically, Arenas carried four guns into Washington D.C. and the Washington Wizards’ arena.  His attorneys claim that Arenas had no malicious or violent intent.

The document (127 pages worth of words) is full of exhibits attesting to Arenas’ good character.  Again, if you are interested in skimming through it, enjoy it below.

Gilbert Arenas Sentencing Memorandum

Gilbert Arenas’ Sentencing Memorandum from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

An interesting part of the Woods discussion centered on whether he was instructed by his advisors to take the course of action that he followed or if he was advised to act differently, but did what he thought was best.  I believe that his advisors most likely told him accept responsibility and apologize at an early stage (which would be the appropriate thing to do), but that he ignored is because he believed that he was truly invincible.  What we saw last week, which was hardly a press conference, was Woods’ realization that he could not escape the media and slightly gave in to the public’s desire to hear him speak.

As advisors, all we can do is suggest the way we believe our clients should act.  At the end of the day, we are employed by the athletes (the principals); if they don’t want to listen, they do not have to.  But if they are not going to listen to us, then why pay us in the first place?  That’s what Gilbert Arenas figured.  The guy negotiated his own 6-year, $111 million contract.  Would an agent have done any better?  Maybe not.  But would an agent possibly helped Arenas after Arenas was found storing guns in his locker and drawing a weapon on his teammate?  Quite possibly.  Arenas acted very stupidly thereafter, but eventually came to his senses, hired an attorney from Washington D.C. and accepted full responsibility and apologized.

That’s the key: Accept responsibility and apologize as soon as possible (unless you are being charged with killing somebody – Stallworth).  The problem comes when an athlete is employing all of these different “advisors” who are pulling the athlete in different directions.  Another thing I think is important is that even though social networking sites like Facebook and Twitter allow instantaneous communication between an athlete and the entire world, the 4th Estate (traditional media) cannot be forgotten.  Tiger Woods basically gave the media the middle finger throughout his career, so why would they do him any favors at this point.  Make the media your best friend, or else they will look for any opportunity to pin you and your clients.

Since speaking on the panel, I have read one article that makes me shake my head sideways and one that makes me shake my head up and down.  The sideways: Elijah Fields Got Paid, Kicked Off Pitt Football Team. The up and down: Anything Worth Doing.

The post about Fields shows the potential harm that sites like Twitter can cause for athletes.  One act of stupidity can kill a career.  The other post is about the damage control used by Jeremy Jeffress’s agent after he received a 100-day suspension for substance abuse.  While Joshua Kusnick and I have had our differences in the past, this particular post on his blog is brilliant.  Here are some parts of his piece:

The first step in repairing a damaged image is to apologize but only if its sincere. The second step in this process was finding a place for this player to get help for his problem.

And that’s the game plan when something goes awry. 1.Get everyone calm. 2.Contact the media and apologize 3. Get help. 4. Apologize more. 5. Live up to all the promises you have made. It doesn’t take dangerous gypsy magic to rehabilitate an image, just genuine contrition and the desire to right your life.

No one is perfect.  Apologize, be sincere, mean it, and act on it.  For the most part, the public will not forget, but they will forgive.

Athletes Overcoming Their Indiscretions from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Two years ago, Gilbert Arenas signed a six-year, $111 million contract with the Washington Wizards. NBA Commissioner David Stern suspended Arenas indefinitely without pay, and the length of the suspension will most likely be determined after the sentencing. The large sum of money Gilbert Arenas was set to earn in the years to come may be in jeopardy.

The Washington Wizards have multiple incentives encouraging them to void Arenas’ contract. The Wizards have been looking to dump large contracts to jump-start a rebuilding process. Arenas is still a great player, but after the turmoil he caused the franchise, the Wizards have no reason to keep him with the team during a rebuilding phase.

However, the Wizards may have a difficult time voiding Arenas’ contract. The NBA Players Association will fight the Washington Wizards attempt to void Arenas’ contract at any cost. It is unlikely that the Wizards will be able to dump Gilbert Arenas’ contract in such an easy manner. However, it is likely that the Wizards will attempt to trade Arenas, and most importantly to Gilbert, he is still without pay.

Commissioner David Stern has routinely come down hard on criminal offenders playing in the NBA, and Arenas will not be an exception. Following the March 26 sentencing, sports fans will get a clearer picture of what this mistake means to Arenas, but it is clear that
his decisions are already hurting this once heralded player.

The Ramifications of Gilbert Arenas’ Sentence from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Just received this Statement on Behalf of Gilbert Arenas from his attorneys at O’Melveny & Myers LLP:

Ken Wainstein, a partner in the Washington, DC office of O’Melveny & Myers LLP and attorney for Gilbert Arenas, stated today:

“Earlier this afternoon, Gilbert Arenas appeared before the Honorable Robert E. Morin of the Superior Court of the District of Columbia and pled guilty to a charge of carrying a pistol in the District of Columbia without a license.  He accepted full responsibility for his actions, acknowledged that those actions were wrong and against the law, and has apologized to all who have been affected by his conduct.  Mr. Arenas appreciates the professionalism of the authorities handling this matter.”

Good move by Wainstein and Arenas.  While Arenas could have benefited from having a sports agent in his corner, we at least know that he is getting good advice from his attorneys.

Arenas is still suspended indefinitely without pay by the National Basketball Association, but he has to attack his problems one step at a time.  At least the talented basketball player will hopefully stay out of jail.

Arenas Accepts Full Responsibility For His Actions from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

It is difficult to deem anything involving Gilbert Arenas as a surprise anymore. However, storing guns in his locker and then being accused of drawing a weapon on teammate Javaris Crittenton during an alleged altercation over a gambling debt certainly is not only surprising, but alarming. With David Stern electing to suspend Arenas’ indefinitely without pay and criminal investigations still pending, the assumption, unfortunately, is that the worst is yet to come for Gilbert.

Suspensions regarding off the court infractions have typically been levied upon completion of criminal investigations, however this situation is extremely unique. With Arenas’ public comments, lack of any form of contrition and utter mockery of the situation with his “finger pistols” (pictured right) during introductions prior to Tuesday’s game, it is apparent that David Stern had seen enough. Wednesday Stern opted to suspend Arenas’ indefinitely pending completion of those investigations with additional sanctions likely. Stern’s statement even ominously included that the situation “will ultimately result in a substantial suspension, and perhaps worse”.

Off the court, Arenas now needs to turn his attention to the legal issues he faces. The strict gun laws of Washington DC, coupled with the fact that Arenas’ guns are not registered in DC but in Virginia where he resides, make severe fines and even jail time a legitimate possibility. While the situation is very unique, some elements are similar and will surely draw comparisons to the Plaxico Burress case, which unfortunately did end with jail time for Burress.

Gilbert Arenas does not retain the services of any agent or agency. In fact, Gilbert negotiated his own 6-year $111 million deal personally with the Wizards late owner, Abe Pollin. Surely, professional guidance in handling the situation from the start would have helped Arenas’ immensely. His initial denial, lack of any remorse, and attempt at chalking it up to a locker room prank, certainly exacerbated the situation and could have all been avoided.

Ultimately the remaining approximately $80 million of that contract may very well be in jeopardy. Depending on the duration of his suspension and potential charges he may face, the Washington Wizards would have the right to seek termination of his contract. As a dismantling of the Wizards roster, which has been underachieving this season has already been discussed, this unfortunately would be an avenue for the Wizards to eliminate their long term and immense monetary obligations to Arenas.

Arenas has long had the reputation of being a quirky, goofy guy. He said and did what he pleased seemingly not concerned with what other people thought. Sadly, those very qualities that made him an appealing athlete seem to have had a negative impact on the course of this unfortunate situation, and may have even been the cause.

The Saga That Is, Gilbert Arenas from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Gilbert Arenas does not like to be told when to shut up.  Perhaps that’s one reason why he has decided to not hire a sports agent (in case you did not know, Gilbert signed and negotiated his own contract with the Wizards).  But agents are known to taken on more roles than only negotiating contracts on behalf of their players.  One area that agents may aid their clients is in media/public relations.  Arenas could have used someone like that in his corner this past week.

Yesterday, Arenas was suspended indefinitely from playing in the NBA.  David Stern used the old “not currently fit to take the court” justification.  Article 35(d) of the NBA constitution lays out Stern’s powers in this circumstance (emphasis added):

(d) The Commissioner shall have the power to suspend for a definite or indefinite period, or to impose a fine not exceeding $50,000, or inflict both such suspension and fine upon any Player who, in his opinion, (i) shall have made or caused to be made any statement having, or that was designed to have, an effect prejudicial or detrimental to the best interests of basketball or of the Association or of a Member, or (ii) shall have been guilty of conduct that does not conform to standards of morality or fair play, that does not comply at all times with all federal, state, and local laws, or that is prejudicial or detrimental to the Association.

Seems pretty broad, right?  It was meant to be that way.  Maybe Arenas will file a grievance.  Under Article XXXI of the NBA Collective Bargaining Agreement, an arbitrary and capricious standard of review would be used as long as the Grievance Arbitrator finds that there is just cause for the penalty imposed.    That’s a tough standard to meet.

But why did it have to get this far in the first place?  Could an agent have possibly prevented this public relations nightmare?  Jason Wolf says yes, but that it would not help much in dealing with the law.  We can’t keep our clients out of prison after they have committed a wrongful act, but we might be able to save them from making the situation they find themselves in even worse.  We can at least try to stray them away from using Twitter for the wrong purposes.

Gilbert Arenas Has A Lot Of Free Time To Tweet from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

1) So that he and the general manager of his team does not enter a personal arena where playing on the team becomes uncomfortable.

2) Because he is “not trained in the language, rules or wording of legal documents.”

There are obviously many other legitimate reasons to employ an agent, but these two presented by Brown seem to be the most basic and traditional ones.  Point #1 can never be substituted for, but can point #2?  Seth Godin’s recent piece, Where have all the agents gone?, got me thinking a little bit about our profession.

Travel agents… gone.
Stock brokers… gone.
Real estate brokers… in trouble. Photographer’s agents, too.
Literary agents?

I have one to add: Sports agents?  Besides point #1, what makes us different than the other middle-men that have been forced out of their respective industries?  The only other thing that separates us is that our clients are a lot busier than a majority of those that employ travel agents, stock brokers, real estate brokers, etc, and while it is a stereotype and definitely not one that can be applied across the line, athletes tend to be less educated than many who would employ the aforementioned middle-men.  But that being said, can we be so confident that our profession will still exist five years from now?  In ten years?  If so, will there be a large downsizing due to a number of players deciding to go the route of self-representation?

Will someone or something come along that is cheaper, faster and more efficient?  While 5% on an MLB contract, 4% on an NBA contract, and 3% on an NFL contract may not mean much for the agent representing his client, it is money out of that player’s pocket nonetheless.  Is it money well spent?  When will there be an alternative to the standard agent, what will that person/thing provide, and what will be the cost?  It is a matter of time before someone steps into our profession with a new idea that changes the sports agent landscape forever.  In travel, it was the creation of sites like Kayak.com.  In stocks: ETrade, Scottrade, etc.  Real estate has also gone online with the spread of easily obtainable information.

So will the internet revolutionize our profession?  One thing is certain: athletes will soon be paying less for agents’ services, but that may not hurt agents’ bottom line.  I think athletes will get smarter and sign with agents who are the best at their profession, not those who pay the most for some face-time.  With lower recruiting costs, lower commissions are actually possible.  Athletes no longer want a “traditional sports agent”, and I do not blame them.  There is nothing “traditional” about the world we live in.  Every day, a new web 2.0 platform is unveiled that can be of benefit to a player.  How many players even know what web 2.0 is?  Should agents?

Will athletes ask their agents for the material that the agents use to negotiate deals, but negotiate them on their own?  Such a method takes care of Doug Brown’s second concern, but still does not get around point #1.  High-demand athletes will also continue to need someone to manage their appearance, endorsement, autograph, etc. requests.  Musicians have separate managers; athletes oftentimes do not.

Godin’s main point is that anonymous agents are unnecessary.

Middlemen add value when they bring taste or judgment or trust to bear on a transaction that isn’t transparent.

So maybe our job is safe afterall.  We supposedly go through the training: law school (not mandatory), learning the collective bargaining agreements, studying various performance bonus clauses used in the past, etc.  We bring a lot of qualities to the negotiating table that very few athletes can: a knowledge of the game outside of the game.  No matter how much you tell a player about how he compares to players at his position, age, height/weight, etc, nothing can make up for 3 years of law school or countless hours of studying a CBA.  So maybe Godin’s post does not apply to our industry.  Perhaps sports agents are necessary middle-men that should not believe that their job will be threatened any time in the near future.

The best ones provide a differentiated service that is worth paying for. Instead of being middlemen, then, they are the front men, the attraction, a key asset…

I think that is actually the main point of Godin’s piece that should resonate in our minds.  The best agents are the only ones that athletes will pay for.  To succeed, you need to innovate and buck tradition.  How can you use a site like Twitter to help your clients, how can you strengthen your firm’s online presence to help out your clients, are you connected to the new-age journalists who shape public opinion, are you busy trying to find new endorsement opportunities outside of traditional TV/print, etc.?

When markets change, agents can lead the way, not follow along grudgingly.

Call me whatever you want, but one thing I am not, is a follower.  Be a leader.  Show potential clients that you are willing and able to be innovative, which will only serve to better their careers.  That’s our philosophy at Dynasty.

Are We Really Needed? from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

There are a variety of methods for athletes to gain a strong presence on the web.  They can definitely spruce up their Facebook, MySpace, and other social networking site pages.  The content should include nothing worse than PG-13 material.  If you have naked pictures or videos of you drinking with buddies, it probably should be kept on your external hard drive and off of the internet.  These sites do give athletes the ability to connect to fans, though.  Who doesn’t want to know what TO’s favorite movies and books are?  Additionally, athletes can start blogging directly to their fans.  Sites like Yardbarker and MLB.com have created platforms for athletes to do this in a community with others.  But many athletes have also created their own websites and individual blogs with much success.

Guys that others should be following are Curt Schilling, Kobe Bryant, and Gilbert Arenas.  Most likely, you have been to their web sites.  Why don’t Philip Rivers or Jake Peavy have sites?  They are truly missing out on a cheap venture that has the potential to create additional wealth that is not quantifiable.  This is not an area that you want to be stingy about.  As an agent, I always find it interesting when I have to justify our commission percentage to a potential client.  For the services that we provide, you think it would be a no-brainer.  At 3-5% (depending on the league), we are making pennies compared to the increase in salary that a player may generate based on our work.  It is the same with an athlete’s web presence.  While it may cost $20-30 thousand for an interactive site, you better believe that a higher profile athlete will end up making that back and more based on the increase of that player’s marketability.

Only eight out of thirty-two starting quarterbacks have a web site?  Give me a break.  As agents, we should be on our game.  Start embracing the web and Web 2.0 products, or fall back and let the young guns who understand the new game take your business.  I would not only be happy to represent those other twenty-four quarterbacks and have their web presence built properly, but I would even make the site if I have to (both this site and www.DynastyReps.com were created by me).

There are many hidden benefits of having a site as well.  You can make your sponsors proud by displaying them for all to see.  Your charitable foundation can also be a highlight of the page, encouraging others to get involved and donate towards your cause.  Overall, the potential risks involved in putting yourself “out there” are definitely outweighed by the potential benefits.  So agents, stop reading, pick up the phone, and order your client a web site if he/she does not have one.

Embrace The Web, Or Give Me Your Clients from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

• Gilbert Arenas denies rumor that he will be signing with Leon Rose/CAA [Agent Zero sticking to plan].
• Biggest sleeper in the 2008 NBA Draft [Draft Zach Feinstein].
• Or you could pick a guy that won a national championship [Kaun chooses sports agency].
• Troy Smith must be loving this.. [Ravens First-Round Pick QB Joe Flacco Signs Three-Year Deal With Reebok].
• David Diehl proved he was the real deal…nuff said [Giants pay Diehl for successfully tackling new role].
• Tom Condon carries a large stick [New Deal For Chargers’ Gates In Sight With Hiring Of Agent Condon].
• The MLB Amateur Draft is right around the corner. Start learning these names [RivalsHIGH.com TOP 50 Draft Prospects].
• I would have been surprised if Big Brown was not sponsored by UPS [UPS In Derby Winner's Circle With Big Brown].
• Advertising on SportsAgentBlog.com is much cheaper than advertising during the Super Bowl…I promise [Jump Off Point for Super Bowl Ads? $3 Million Dollars].
• Been a while since SportsAgentBlog.com has been featured in a Carnival of the NBA. Nice to be back [Carnival of the NBA #56].
• CHAMP Spikes will have an eBay charity auction with items like autographed shoes from Tiger Woods. 100% of the proceeds will benefit the Breast Cancer Research Foundation [Pink On The Links].

Lots of goodness this week. We received a lot of inbound links and even got some love from Sports Illustrated. I will go with where the page views have been heavy and make the post on 11-year-old, Jashaun Agosto, the featured post of the week. Check it out on the right sidebar by clicking Featured.

Shabbat Shalom: Friday Wrap-Up from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules