Hello everyone! Welcome to the world of VSM Hockey. We are entering our 3^rd year of official operations; however, the concept has been baking in my oven of a mind for over 10 years.

In order to grasp the VSM concept, one must understand where I came from and where my ideas originated. I was born in Quebec City, Canada. My father is half British and half Indian (no he is not a Hindu; our family is from Bengal and Orissa and they gave up on religions centuries ago). My mother is French Canadian. At the age of 2, we moved to Los Angeles California because my parents were working there. My mom split her time between theatre acting and waitressing. My dad was a professional musician, mostly a pianist among blues bands. Curious enough, my maternal language is French but my first spoken language is English. I am what some may call “more than perfectly bilingual”; I can switch from one language to another instantly and I do not have a foreign accent in either language.

I had a fairly normal childhood. At a young age, one could already tell that I was going to be an athlete! As soon as I could stand up, I would pick up on any sport as if I was a natural. Within only a couple months of learning how to play Tennis, I was already accepted into the U.S.T.A. national juniors program and was suppose to participate in the California games in 1992. Unfortunately, a broken wrist thanks to my foolishness at school ended that journey.

After the 1994 Martin Luther King Jr. Earthquake devastated L.A., we decided to move back to Quebec. My parents were starting to get nervous about the school situation, as money was scarce and the school that I went to was more about which gang you were in than what your favourite subject was. On top of that, my parents wanted my little sister and I to learn our mother tongue, French!

Unable to play hockey in California due to the unfortunate finances of my artist parents, I immediately jumped onto the ice upon arriving in Quebec. Why did I want so badly to play hockey at 10 years old? Because I was going to become an N.H.L.’er, like Gretzky! Most kids in Quebec start playing at 3 or 4 so I had some catching up to do.

Nonetheless,  by the age of 16, after battling hard and working more on my game that the majority of kids, I managed to get myself onto a tier 2 Junior A team. I chose this option over Major Junior hockey because I wanted to get and education; I had my eyes on the N.C.A.A.

The agency story starts here, sort of. See, my desire to play hockey at the highest level was so intense, that I actually called up and emailed approximately 30 to 50 Junior A teams from Nova Scotia to British Columbia. I instinctively acted as my own agent, rather than stay at home and wait for someone to discover me.

I ended up playing 4 years of Canadian Junior A hockey. 4 years of ups and downs. During this period of time, I went from debilitating shoulder injuries, to all-star level and being considered for the N.H.L. draft and N.C.A.A. D1 hockey, back to debilitating knee injuries. Finally, I managed to go to the ECHL at 21. Obviously, the odds were against me. I ended up playing 1 season of pro’ hockey, that saw me travel between ECHL, SPHL and LNAH (Quebec pro’ league). Once again, I acted as my own agent, just as I had throughout my junior career. Hell, in Juniors I even placed some of my buddies from back home. I also tried unsuccessfully to represent one of my buddies in the SPHL while I was down there.

I called an end to my injury filled career that year. Fortunately, I was always an exceptional kid at school. Not because I was a good student, to the contrary, I never studied and always skipped school. However, I was always an out of the ordinary autodidact, similar to the fictional movie character Good Will Hunting, depicted by Matt Damon. By the time I was 22, I had already learned more about sports psychology, nutrition, kinesiology and biomechanics, than most PhD. students.  I still understood the importance of a piece of paper, so I studied at the oldest university in North America, Laval University. I also studied a course in preventive medicine with the Harvard Medical College’s Extension School.

I started working as a strength coach and nutritionist. One of my first eye-openers was the experience that I so gratefully had with one of my mentors, Scott Livingston, while he was working with the Montreal Canadiens and the Olympic Mogus Skiers. I built my athlete development business in Quebec city, recruiting some high profile major junior hockey players and the Canadian Olympic Biathlon team, based out of Quebec.

I was having a great time training all these young hockey players… but something was missing! Add that to the fact that a common denominator was present among these future stars: they were always bitching about their agents!

“My agent never calls me”.

“I see my agent once a year, if I am lucky”.

“My agent represents hundreds of players, he doesn’t care about me”.

These comments, combined with my recollection of the tête-à-têtes that me and my parents had with agents when I was a midget and junior player gave birth to an idea! (Plus, I loved Jerry Maguire! Hahaha)

What about an agency that is founded on the principles of athlete development and the attainment of full potential, rather than focusing primarily on financial aspects? Rather than scoop up hundreds of young midget/junior players in order to have more chances of them becoming pro’s, why not use my expertise in order to build a firm that selects a smaller amount of amateurs, and concentrates its energy on the full development of these prospects. Rather than be a sort of hockey law firm like most of the other agencies, why not an academy of excellence, a school that develops potential and educates its athletes, to be better in their sport and in life? Not only a career management firm, but especially a development firm!

A firm based on these core values:

1. The best agent that you can have is your performance;
2. Development, science and expertise can help you get their faster and stay their longer. Contacts and sales pitches can’t.
3. If you are a third line player who wants a better contract, you will be better served by working on your game thanks to science and work ethic, in order to become a second line player, rather than hire a, excuse the expression, “used car salesman”.

So, VSM was born!

We consider ourselves as facilitators and guides. This ensures that, even if a kid is talented, if he does abide by the rules of a champion, a warrior, then he does not fit in with our group. Many in the industry say that I am crazy, but I stand by my principles and beliefs. Maybe we will miss out on some big money makers, but is making money our sole motivation? Is it the heart of what we do? No! Now don’t get me wrong, I like luxury like the next guy, but it is not the foundation of who I am. I want to be like a Pat Brisson, representing the top 2 out of 3 NHL draft picks, but not to be rich financially, rather, to have the pleasure of working with these stars, being their guides and impacting their lives.

Stay tuned, episode 2 will tell the story of the 2008-2009 season, our first year. Find out how we went from 0 players, to 4 players and to eventually 25.

Episode 3 will tell the story of 2009-2010. Episode 4 will discuss 2010 until now. From that point on, each episode will be a live account of the week in progress.

Aiming For The Top! – Episode 1: From Humble Beginnings from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

I am a month late on reporting Zach Britton’s switch from Hendricks Sports to Boras Corp. What is most interesting is what the Baltimore Orioles 2010 Minor League Pitcher of the Year said about his former representation:

“I was with Hendricks Sports and dealt with Matt Laird.  He was great but I never really had contact with the Hendricks brothers myself, so I just never felt comfortable going forward with people I hadn’t met. So I had a good opportunity to meet with Scott and came away very impressed.”

That makes me think of Dicky Fox’s line from Jerry Maguire – “The key to this business is personal relationships.”  Agents are held to an extremely high standard by their clients.  One mishap, and there will be hundreds of agents waiting for an opportunity to pounce on the client and have him make the dreaded switch.  Sometimes it has nothing to do with a poorly handed contract negotiation or a lack of marketing deals.  It can be as simple as feeling neglected or even just feeling not as important as one of the agent’s other clients.

I make it a point to interact with each one of my clients, even if I am not the “primary agent.”  Certainly, not every agency operates the same way, and that seems to be the chief reason why Zach Britton left Hendricks Sports.  Do you think rival agents will use Britton’s statement against Hendricks Sports in the future when they are in a recruiting battle against the company?  You better believe it.

On To The Next One: Zach Britton from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

The MLB players union wants to start penalizing certified agents that violate their non-compete and non-solicitation agreements with their former employers.  Everyone remembers the scene from Jerry Maguire where Tom Cruise and Jay Mohr hit the phones to entice Maguire’s clients to stay at Maguire’s former employer, or join Maguire at his new start up agency.  The MLBPA may implement new measures with the intention that such a scenario would no longer be in a issue in baseball player representation.

The proposed rule change would allow agent employment contracts to contain a one-year no-solicitation clause, and a one-year no-competition clause.  Remedies proposed for agents who breach these contract clauses include a 50 percent fee split between the agent and his former employer, and an option for the players association to impose disciplinary action on the agent.

Central oversight by the players association will help create a more even level playing field for agents.  Currently agencies only have state contract law as recourse against employees leaving with clients, and some states, like California, do not recognize non-compete and non-solicitation clauses in contracts.

Want to Go Out on Your Own?…Then Start From Scratch from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Earlier this week, Darren Rovell wrote a post on CNBC that has been making waves throughout the blogosphere and Twitter.  The post, titled, Time For A New Jerry Maguire?, says that the movie is outdated.  Rovell believes that many agents no longer make athletes’ parents the focal point of their recruiting, and instead, go through intermediaries who often do not have athletes’ best interests in mind.  Oftentimes, those intermediaries have their own agendas and will come to the agents with hands open, expecting their own payday.

Rovell’s post is partly inspired by Dwight Howard’s recent decision to drop his agent (Aaron Goodwin) in favor of most likely having his extended family/friends manage his future contractual negotiations.  Time will tell whether that was an idiotic move on Howard’s part or not.

I would love for Rovell’s Jerry Maguire II to come out.  Because it would educate the athletes who watch it.  I have said it before (including yesterday on Twitter) and I will say it again – the only answer I see is the education of athletes.  No, I do not mean making players stay in college past one year before going pro, and I am definitely not advocating that we create some Professional Sports Business major for athletes.  I do think that education has to start in college, however.  While baseball and hockey players can skip college and go straight to the pros, basketball and football players don’t have that luxury.  And truthfully, where most of the problem lies, is with those two sports.

So what can be done?  It needs to start with the NCAA and then trickle down to every Compliance Office at every NCAA school.  I don’t care if it is the head coach of each college team, the Compliance Officer him/herself, or even a private consulting company like Synrgy Sports that is brought in to spoon feed student-athletes this important information that will affect the rest of their lives.  It cannot happen in the normal class setting; it has to happen when their attention is captured.  They need to read stories like this and this so that they understand that in the real world runners and AAU coaches are paid to connect them with agents.  Student-athletes need to feel secure that they can make the decision on their own, or with the help of people who truly understand their wants and needs – not some “friend” who is more in it for himself than anyone else.  They also need to realize that there are “bad agents” out there who will steal from them and also try handing over money/gifts that may be against NCAA/state/federal rules and laws.

We know about the problems.  Let’s talk about solutions.  And let’s start implementing them on a national level.

It Keeps Coming Back To Education from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Ever since I realized I would not be the ‘shining star’ on the court as I always wanted to be (rather a warm body on the bench), I have wanted to become a ‘Sports Agent.’ If Jerry Maguire taught us anything, it is that being a sports agent is cool. Well, maybe that’s only partially true.

So what’s my opinion on becoming a sports agent? Perception is sometimes different than reality.

Many people on the ‘outside,’ believe that it is all about money, fame, big-time negotiations, and guest appearances at pro sidelines, but in actuality it is more so about the core-fundamentals of both business and law. You are a business person.

It’s tough to get into this business – I’ve sent emails, letters, networked, reverse-networked, you name it, and have received a low yield of replies. For someone who has tossed around the idea of a career in sports more times than TO (Terrell Owens) has jumped teams, I have concluded one thing: You must provide some type of value to get in and stay in this business. If you can’t do something for someone, then they really don’t want you.

It’s hard to hear, but it’s true.

Some people are just not cut out for this role in the sports or even entertainment industry – you must have something driving you, a voice, a calling, a passion, compelling you to get up each and every morning and fight for your beliefs and most importantly your client. I prefer to refer to a sports agent as an Advocate – you are the voice that prevails among owners, GM’s, and a slue of bad people in this world.

It may seem ‘holistic,’ and it quite possibly could be, but I believe in strong values and a stronger proposition.

If you’re thinking about exploring the route of becoming a sports agent, just remember, you must love to network, have a passion for competition, and have a greater sense of urgency to connect with others, both at a professional and a personal level.

It’s easy to spot a fake, so stay true to who you are; don’t back down from anyone or anything – the right opportunities will arise if you are persistent and patient.

A Newcomer’s Perspective Part I: How to Break Into the Industry – And Know It’s Not For Me from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Today there are almost 7 billion people in the world. When I was a kid, there were 5 billion.  It’s hard to keep up.

In Windsor, Ontario, a 17-year-old kid named Taylor Hall registered 90 points in 63 games in the Ontario Hockey League. You will see a kid named Cam Fowler next year in the World Junior Championships.  Next June, teams will be falling all over themselves to sign Kirill Kabanov of Moscow, Russia in the next NHL Draft.

Believe me, there’s genius everywhere but until they turn pro, it’s like popcorn in the pan – some pop, some don’t. Now I’m the guy you don’t usually see. I’m the one behind the scenes. My name is Scott Deady, and I’m the sports agent.

Most of you reading this probably picked up the Jerry Maguire rip by the end of the second sentence. If you could tell by the end of the first, I can’t decide if I’m impressed or if I just feel bad for you. After the release of the film Jerry Maguire, it seemed as though every third person’s goal was to work in the sports industry – most people specifically wanting to be the guy yelling, “Show me the money!” And who wouldn’t want to work in sports after seeing Jerry work the hotel lobby like he did? It painted a picture where the life of an agent was sexier than that of the professional athlete himself. But the truth is that life as a sports agent, while certainly providing its share of perks, isn’t all that the film makes it out to be. Long hours, consistent rejection, and often feeling like nothing more than a babysitter all come with the territory. However these issues are rarely understood by those not working directly in the sports industry. That’s what I’m here for – to show you what life as a sports agent is really like.

Recently, I accepted a position with a sports agency as the Director of a newly formed hockey division. Before I came on board, the agency represented players from both the NFL and CFL, as well as a handful of other athletes. My company was looking to venture into another sport, and ice hockey interested them. That’s where I came in. As the Director of the Hockey Division, my duties include scouting and recruiting throughout Russia and North America, as well as procuring performance contracts and endorsement deals for, and handling the personal issues of, our hockey clients.

Now you might ask how a 25-year-old, with no real world experience, secures a position directing a division of a sports agency that already represents talent at the highest professional level. To be honest, I’d say it was a combination of about 75% hard work and careful planning mixed in with around 25% good timing. Or maybe it was more like 50/50 hard work and just being lucky…feel free to make your own assessment. But regardless of my “winning formula,” my path to where I am today all began while growing up playing club hockey in the suburbs of Chicago, Illinois.

During my senior year of high school, my club team – the Downers Grove Huskies – competed in an annual international tournament known as the Tretiak Cup. For the two weeks the visiting foreign teams spent in the United States, my family agreed to host two Russian players from the Red Army Hockey Club in our home. The two assigned to us were Dmitry Shitikov (current forward for Moscow Dynamo of the Kontinental Hockey League) and Sergei Shirokov (drafted at #163 overall by the Vancouver Canucks in 2006 and the most recent Russian player to enter the heated NHL-KHL battle over players’ contract rights, and pictured, right). After getting to know and becoming very close with Sergei and Dima (Dima is a common Russian nickname for Dmitry), I decided that I wanted nothing more than to represent professional hockey players, specifically desiring to help underprivileged Russian players reach the ultimate goal of the NHL. Now that I knew where I wanted my life to go, I needed a plan to help get me there.

After high school, I went on to play hockey for Ohio University, where I would graduate in 2006 with a Bachelor’s Degree in Communication. While at OU, I studied Russian for three years and in the summer of 2005 I obtained a position in the prestigious internship program of IMG at their home office in Cleveland, Ohio. Throughout the years, I kept in contact with my Russian friends and upon graduation from OU, I traveled to Moscow for two weeks to visit them. By that time, I had committed to law school at Ohio Northern University after turning down an offer from Marquette University’s College of Law – one of the top institutions for those pursuing a career in sports law.  While ONU didn’t have a reputation as being a top law school, they were offering me substantial scholarship money. In retrospect, the decision to attend Northern ended up being possibly the best decision of my life – the founder of my firm was also an ONU Law graduate and last Fall a few of my now partners came to our campus to speak. Fortunately, I attended the Friday afternoon presentation and afterwards I approached the group, telling my story and explaining my basic career plan. They seemed intrigued and so I remained in contact with them through my third year of law school. Eventually I asked if we could meet at their home office to discuss the viability of a hockey division, and a week before graduation I flew out to California to present the extensive 40-page business plan I had developed over the previous six months. After several days of meetings, I was offered, and I eagerly accepted, my current position.

Now before making the connection with my current firm, I had sent my resume to practically every agent certified by the NHLPA and PHPA (Professional Hockey Players’ Association) looking for an opportunity to show what I could do.  The overall response from my efforts was discouraging at best, and I was beginning to realize that I might have to do this on my own. I read some books written by and about sports agents looking for any insight as to what the best route to success was. Unfortunately, most of those out there give only a brief glance at how the agent got his start. But what I really craved was an understanding of the day-to-day challenges facing an agent new to the industry. I wanted to know exactly what I was about to face and what I needed to do to really make it in such a competitive environment. The idea of this column is to give readers precisely what I was looking for – a glimpse into my daily life as a new sports agent. I’ll be posting new entries weekly and by reading, you can follow me from the beginning – sharing both the ups and downs in my pursuit to make a big splash in the hockey community.

While my company certainly provides me with the structural and financial support that many newcomers to the sports business community don’t have, there are still innumerable obstacles left to be overcome. Hopefully by reading this column, you’ll be able to replicate some of my moves that work, steer away from decisions that don’t, and better set yourself up for success in an extremely competitive industry. Even if not pursuing a career in sports, getting a peak behind the scenes can shed light on a lot of issues on the field or ice that otherwise might go unnoticed or be misunderstood. And who knows – by authoring this maybe I’ll learn a thing or two about myself as well.

Rookie Duties: An Introduction from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

McGuire and his company, MS World, also represent Orlando Pace, who like Holt, is looking to restructure his contract.  I assume that a lot of discussions will go down starting this week at the NFL Combine.

The Rams Need To Show Kennard The Money from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

With this in mind, I’ve come up with a list of the Top 6 Agents who both represent Athletes and Entertainers. The list is based majorly on how close the Agent reflects true life.

You’re probably asking why 6, well I thought 10 was too many and 5 wasn’t enough!

6. Jerry Dabelstein (Dailan Evans) – Mark Loves Sharon (TV)

Plot: The show takes a behind the scenes look at the life of Mark Wary, an Australian sportsman as he navigates through his career, culminating in his marriage to his girlfriend Sharon. Mark is a bit of a bad-boy, being involved in one indiscretion after another, leaving the job of his Agent Jerry, quite a difficult task.

Agent lessons?: Despite the show receiving lukewarm reviews, the character of Jerry was written and portrayed quite well. Jerry was characteristic of a struggling Agent, with Mark being his only client. He wasn’t flashy and didn’t live in a mansion. He was always at Mark’s side at every press conference after his mishaps. Mark would be lost without him, and this is shown when Mark drops Jerry.

Favorite Quote: “You here that? That is the sound of Mark Wary not in trouble. Beautiful sound, usually only heard when he’s fast asleep…*Alarm rings*”

Watch full episodes here

5. Rick Peck (Matthew McConaughey) - Tropic Thunder (Film)

Plot: A bunch of actors filming a war film are sent deep into the jungle to create a more realistic film, only to discover they are involved in a real war themselves. Rick Peck is the Agent of the film’s star Tugg Speedman, who won’t stop harping on about his Tivo. .

Agent lessons?: Rick Peck’s offices are stylish and sleek, and he is portrayed as a fast talking win at all costs Agent. Rick’s alliances are tested throughout the film, as he is offered a large sum to forget about his client. a highlight of this portrayal is the commitment and integrity shown towards his client.

Quotes: “Now let me get this straight. You want me to let my client of 15 years, one of my best friends, die in the jungle alone, for some money and a G5?”

4. Darren Lamb (Stephen Merchant) – Extras (TV)

Plot: Andy Millman is an extra who finally gets his big break when a TV show he wrote gets picked up by the BBC. Darren lamb plays his incompetent Agent.

Agent Lessons?: Darren Lamb is the perfect example of a terrible, inept Agent. He is constantly bagging Andy, and is more concerned on fattening his bank balance and his other clients. Darren has a very small office, and most of the time it seems Andy knows more about getting roles than he does.

Favorite Quotes: “Will he still get paid even if his performance is crap?”

3. Arliss Michaels (Robert Wuhl) – Ari$$ (TV)

Plot: Arliss Michaels is a Super Agent. He represents a large stable of clients across a wide range of sports. The show features plenty of guest stars, mainly in the sporting arena. Arliss narrates over the show, offering tips and advice of how to succeed as an Agent.

Agent Lessons?: Arliss Michaels was a bit over the top, but never the less much can be taken from the character. The ‘tips’ that he gave were at least in the ballpark of what an Agent is expected to do. The way that the Arli$$ series played out was that you learned what to do at the same time he did. A highlight of the show was the variety of situations in which Arli$$ saw himself. From NFL contracts to NCAA recruiting, a lot of ground is covered.

Favorite Quote: “My name is Arliss Michaels. I represent athletes. These are my stories.”

2. Ari Gold (Jeremy Piven) – Entourage (TV)

Plot: Vincent Chase is one of the brightest talents in Hollywood. From indie films to blockbusters, he navigates through this wild ride with his three best friends- Drama, Turtle and E. Ari Gold is his unscrupulous Agent, who often considers himself as one of the gang. The show features many actors playing themselves.

Agent Lessons?: Ari Gold is a self proclaimed ‘Super Agent’ and a true example of how hard work pays off. He started from the ground up, and over a decade has become one of the leading Agents in Hollywood. He has a large house, fast cars and a beautiful wife. Although the show does take things to the extreme of indulgence, the character of Ari is based loosely on Ari Emanuel, who like his character broke away from a major agency to start his own. [Source] Ironically, Ari Emanuel once represented Jeremy Piven.
A dilemma that faces Ari Gold through the series is self interest. Often he’ll play studios against each other in order to get more money for his client. While this sounds good in theory, most of the time it is against the wishes of his clients. Lesson learned? Listen to your clients wants and needs, because if you won’t someone else will.

1. Jerry Maguire (Tom Cruise) – Jerry Maguire (Film)

Plot: Jerry Maguire is a hotshot Agent who decides to grow a conscience. By releasing a game plan for how he wants the business to be run, he is let go. He enlists the help of an assistant and after a frantic chase to take his clients with him, he is left with one, Rod Tidwell, an NFL player looking for a new contract.

Agent Lessons?: It’s the film that almost everyone gets perceptions about the industry from. Based on one of the finest and most successful (if not most successful) Agent in the world, Leigh Steinberg, Jerry Maguire explores some interesting topics. The path of leaving an Agency to form your own is one many respected and driven Agents take, and as it shows in this film, it’s not as easy as you may think it would be.
Although the film has very romantic overtones, a theme that needs to be explored is the sense of loneliness that Jerry Maguire has. He is effectively married to his job, as he leaves his fiancee early in the film. This highlights the notion that being an Agent is a 24/7 job.

Favorite Quote: “I will not rest until I have you holding a Coke, wearing your own shoe, playing a Sega game featuring you, while singing your own song in a commercial starring you, broadcast during the Superbowl, in a game that you are winning.”

So in conclusion, while a lot of the Agents’ lives you see portrayed on screen are jazzed up and glamorized, this from of media is a great way to research methods of how to be a successful Sports Agent.

Silver Screen Agents: What can you learn? from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Disbarring Jerry Maguire is actually the second law review article that I have read and reviewed for this site that has Jerry Maguire in the title. The other one, Maybe Jerry Maguire Should Have Stuck With Law School: How The Sports Agent Responsibility And Trust Act Implements Lawyer-Like Rules For Sports Agents, discussed the potential advantages of being an attorney-agent in lieu of the disadvantages due to being constrained by the Model Rules of Professional Conduct (MRPC). The article hypothesized that SPARTA would become a relevant piece of legislation and be enforced level the playing field between attorney-agents and non-attorney-agents. The article I just read, Disbarring Jerry Maguire, says otherwise. The author contends that SPARTA has been been unable to break the competitive disparity between attorney-agents and non-attorney agents. This is because lawyers are considered to be lawyers at all times, even when performing an activity that has no connection to being an attorney. Thus, an attorney-agent is held to a higher standard of care in a negligence lawsuit.

But the main concern of the author in Disbarring Jerry Maguire is the potential for a lawsuit against an attorney-agent based on unauthorized practice of law (UPL). The author’s (Jeremy J. Geisel) argument revolved around his contention that an attorney is considered an attorney in all aspects of life and can not wear a different hat in another type of employment. If we are to take that statement as fact, then it is true that all attorney-agents are guilty of UPL when they represent a player outside of the jurisdiction where they passed the bar. For those of you with an MRPC book in front of you, flip to Rule 5.5. For those of you not lucky enough to be absorbed in law material, here is the wording of the rule: Rule 5.5 Unauthorized Practice Of Law; Multijurisdictional Practice Of Law

Review of Disbarring Jerry Maguire from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

I started off by asking Leigh if he would mind fielding some non-concussion-related questions and gradually make our way towards the topic. He complied.

Me: I am going to jump right into some tough questions. It is well documented that your one time partner, David Dunn, tried to steal clients from you after your partnership dissolved. What can the NFLPA and government do to try to curb this type of activity? Did the NFLPA do enough to Dunn?

Leigh Steinberg: Two of the particular agents ended up being suspended by the NFLPA. I think [the NFLPA] took appropriate action. The agents in that case declared bankruptcy and the judge in bankruptcy did not allow the union to levy discipline, however. So even though the committee on discipline had gone ahead and adjudicated punishment, the discipline couldn’t be applied until just a year and a half ago. The union actually went ahead and did it’s job, but it was prevented by a legal maneuver. I guess my feelings about that situation were that we had always tried to have a firm that emphasized the importance of role modeling, of trying to make a positive difference in the world in teaching and counseling athletes in a way that would get them to fulfill their dreams, and it was disappointing to not have been able to mentor younger people in a way reflective of those values.

Me: It seems like those events did not deter you from making your way back into the representation business. What is your current relationship with Matt Leinart?

Leigh Steinberg: When I went into the representation of Matt, it was with the understanding that CAA would be doing his marketing and that my role would be a narrow one and I would be co-agenting with another NFLPA certified agent. It was disappointing [when Matt left for CAA] because we had been able to quite successfully work with him through the scouting process to the point that several weeks prior to the draft, he was well positioned to be picked high. If you recall, CAA at the time decided to acquire a number of sports agencies, one of them had a profitable football practice. At that point, they acquired Matt as a full service client. Since then, I think that Matt has severed his relationship with CAA for endorsements. But I wished him well and I think he is a good person and will be a great quarterback.

Me: You mention CAA. Is the conglomerate sports agency taking over the industry?

Leigh Steinberg: Our business has morphed and changed with a movement away from simple representation as a sole focus, towards an expansion of business opportunity and agentry also involving a broadened emphasis in marketing and content supply. That would encompass sports themed content for all of the multiple platforms of entertainment delivery, including sports theme motion pictures, TV, video games, video tape, mobile phones, internet, with the ability to both be producers, packagers, and consultants in helping to deliver packages and bundles of that content. So that’s drawn the interest of entertainment companies, who really have a keener interest in the equity interest that they might be able to own in that content and marketing than just the 3% or 4% that they can get from the negotiation of a player contract. We are seeing a shift in the nature of sports representation, which first occurred in the late 90s when SFX, Octagon, Assante and a variety of firms acquired multiple representation groups and combined them together to try to aggregate sports talent and then utilize that talent supply for marketing projects and content supply, hoping that the whole would be bigger than the sum of its parts. It’s now occurring again. This is a challenge to boutique agencies, because the larger entertainment sports entities can offer up-front guarantees to athletes, and their interests are really in the superstar athlete that offers marketing opportunities. It becomes very challenging for a boutique agency to compete. Because many athletes today have an interest in a career including owning a record label, being involved in entertainment, and the lure of an up-front guarantee of endorsements, the benefits of a large multiple service package can be very enticing.

Me: Can you explain a little bit about your relations with Bruce and Ryan Tollner? Are you still an advisor with the Tollners? (this is where you could tell that Leigh really wanted to shift the conversation to concussions, or at least his “Sporting Green Alliance”)

Leigh Steinberg: They have their own separate firm. I’m still on the Standard Representation Agreements of some of the clients that we share, but they have a firm now that they control on their own. My feeling is that [myself, Warren Moon, and others] will build a firm that will encompass representation and content supply.

Me: Let’s move onto the concussion issue. Can you first give us a little background information on how this topic has picked up steam within the sports circle?

Leigh Steinberg: I first became interested in the issue in the 1970s when so many athletes would suffer concussions, but the method of diagnosis was so rudimentary. The trainer would hold his fingers in front of someone’s face and ask how many fingers were present. Many players were suffering concussions and still playing. I once asked Steve Young how many concussions he had, and he asked, “official ones”? It was not considered official unless you were carted off of the field. That created the danger known as “Second Impact”, where the person suffers the first concussion, it’s not picked up, it takes much less of a blow to cause the second concussion, which will then create the perfect neurological storm. The other problem was that multiple concussions started to occur with the Troy Aikman’s, Steve Young’s, and Warren Moon’s, and no doctor would answer the question of how many were too many. The only diagnostic technique that measured head injuries were MRIs that showed white spots indicative of head trauma, and none of the players showed white spots. I held a number of conferences in the 90s and challenged doctors to establish standardized techniques. We issued white papers, and a number of players attended the conferences, but there were not enormous changes in NFL policy, and many parts of the community denied that it was even an issue. The whole concept of athlete denial did not help. Athletes are taught to ignore pain, that real men play through it, and that they will miss out if they don’t participate. When you combine denial with the thought that you will live forever, the combination is lethal. There were not older athletes that were being very forthcoming about aftereffects in respect to declining mental abilities. Some of the results from the neurologists were startling. I got to the point where I could no longer represent players knowing that I was sending them out into the field of play in an unsafe circumstance. The role of agents has to be broader than purely economic.

Me:You say that you could no longer bear seeing your clients enter the field of player in unsafe circumstances. Is that why you are so interested in this topic? What makes this issue your personal calling?

Leigh Steinberg: Every Sunday has been like an episode of ER. There are times that I think I should have gone to Med School instead of Law School. The thought that large numbers of players would be incurring injuries that could effectively impact their memory, consciousness, and ability to live normal lives once they get out of the sport, is a heavy burden. The relationships that grow over time with clients are much more than business relationships.; they’re friendships, very very deep relationships with a lot of love and caring. And the duty is to help protect your client. It raises the ethical question of representation: is the agent an enabler? That’s the question that I, as someone who has represented more NFL players than anyone else, have had to grapple with. Many agents are simply facilitating a transaction that is going to send an athlete onto a battleground which will end up with him at a later stage in life being mentally and physically crippled. I gave Warren Moon’s presenting speech when he went to the Hall of Fame. There was a luncheon that only former players and presenters got to go to, which meant that I was surrounded by the absolute greatest players who have ever played in the NFL. It was an awe-inspiring site. What was also awe-inspiring is that a great many of them had difficulty walking or moving around properly. Some percentage of them were having real difficulty getting up onto a raised stage.

Me: What has the NFL done to tackle its concussion problem?

Leigh Steinberg: Roger Goddell has implemented a whistleblowers edict, which encourages players to report when other players have suffered major blows on the field of play.

Me: Could the solution be as simple as a custom-fit mouthpiece, which has been used by the N.E. Patriots? The Patriots listed 0 concussions from 2000-2003.

Leigh Steinberg: There were mouthpiece representatives at the recent National Sports Concussion Summit. I asked a number of times about the issue and the neurologists were not clear that there is enough evidence on the issue. There has not been enough surveys done that prove it out. I am anxious to know the answer myself. The manufacturers of some of the new mouthpieces claim great results, and if it is true, it would be a great contribution, but the neurologists at this point don’t seem to back it up. That does not mean it’s not true, though. The mouthpiece manufacturers made some bold claims, and I hope that they are right.

Me: I received some information about custom-fit mouthpieces after announcing that I would be conducting this interview. Anyway, as you may have heard from your publicist, I very recently suffered from a mild concussion. I found that the ER doctors, neurosurgeons, and ear/nose/throat doctors were not fully confident on giving me any information about my future health. Why is the medical field behind on this issue?

Leigh Steinberg: Because the brain in general is less of a frontier of medical research. A lot of what we know about brain function is being discovered as we speak. Some of the testing and reports we saw this year were more expansive than last year. What makes this field more difficult is that when someone has a cast on their leg, it is clear that they are injured. You have a confused and unclear reporting group with concussions and there has been a lot of denial in this field, because it heavily involves athletes who are often in denial. We are talking about human consciousness, memory, what separates us from non-living things. Short of life and death, this is the most critical effort.

Me: Last question on concussions: What are your future plans regarding this issue?

Leigh Steinberg: I think the Berlin Wall of concussion denial fell last year when the NFL held their doctors conference and the new commissioner has shown a real willingness to address and explore this issue, and they’re issuing a whole set of concussion guidelines to players in ways that have never happened before. More time and energy will go into studying and exploration. The physics of the hit will only continue to make this more pressing. There was a TE last year, Ben Watson, UGA, 270lbs, ran a 4.3 forty. Imagine the bigger, faster bodies colliding. The physics of the hit are changing. It involves teaching proper technique, avoiding unnecessary hits, no helmet to helmet in football (intent or not); keeping an eye on playing surfaces and better diagnosis; taking players off the field of play and keeping them off until they’re ready to go back; pushing baseline testing, which is now mandatory for every team in the NFL. We should get testing into every college, high school, and youth sport. In California, I will be funding baseline testing in high schools that are not testing at this point.

Me: I now know more about concussions than I ever thought I would know. Besides the issue of concussions in sport, you have also been an advocate in going green and you are working on a separate project called “Athletes for Obama”. Tell me a little bit about each and why you are so philanthropic.

Leigh Steinberg: I think that we’ve reached a tipping point in terms of Global Warming. We have prodigious intellect and technological skills but deeply flawed emotional systems. It seems to be blinding us as a species to our own imminent demise as a species. The signs of global warming and climate change are all around us: the Earth is getting warmer, we have nonstop hurricanes and tornadoes, viruses keep emerging, oceans are rising, and icecaps are breaking. 40% of the pollution we are breathing in California comes from China. The imperative to act on this or face a dramatically degraded quality of life for now and forever, is now…or we risk being the first generation to hand down to our children a drastically reduced quality of life. And the mistake is thinking somehow that the Earth is in danger. The Earth will keep on rolling through ice ages and any manner of climate change. It’s our species that’s fragile.

Given that my life has played out in sport, the question is: Is there a way that athletes, sport, and sports franchises can take the lead in triggering changing consciousness and action in this area? So we created the concept of a “Sporting Green Alliance” and used the Miami Super Bowl as a starting point. We had a green Super Bowl party with a Green Carpet and many other elements. This year, in Phoenix, we had a complete green Super Bowl Party. We released an endangered hawk into the wild and [the party] was completely green and biodegradable. All energy systems were greened up and environmentally correct. I have started meeting with teams and franchises to try to incorporate these technologies into stadia and arenas. The second stage is to utilize those buildings as educational and teaching platforms, to expose all the fans to environmental concepts and practices which they might then incorporate into their own lives. They might become little science and discovery centers. And the franchises themselves could be leaders in the field in putting out their own green content: educational materials, cartoon shows, comic books, etc. Individual athletes could be involved in cutting green messages. We’re in the first stages of talking to franchises about getting involved and hopefully we will be able to sign up a number of them and they will become leaders in green. When Walmart put the environmentally safe lightbulbs in their stores, it marked a change in corporate culture in this country. When they made that step, it was no longer the purview of treehuggers. It meant that a corporate shift had occurred in this country. Sports should lead the way because the basic premise has always been that the athlete should be the role model and that people will listen to messages properly framed from athletes who would otherwise tune out political and authority figures. We can play a real role in trying to make a positive difference in the world.

There has always been a reticence for athletes to be involved in traditional politics. Most traditional agentry would caution non-involvement and echo Michael Jordan’s famous statement, “Republicans buy speakers too,”. Most athletes have shied away from politics because they are attempting to curry 100% favor. Now I understand that it doesn’t make great sense to get involved in certain religious/moral/ethical issues. Abortion might be one. Gay marriage might be one. There are some issues that are so passionate and emotionally charged that it doesn’t make good sense for an athlete to be involved. The downside is way too large. But I have always encouraged athletes to be politically involved. Traditionally, most athletes have been conservatives or Republicans. People who pay heavy taxes, especially young athletes who are paying more taxes from their first taxes than they have ever made their entire life, have a good reason to be anti-tax. This has led them to be more traditional followers of the Republican party. Or they are apolitical because they are so involved in their athletic career. Athletes are so self-absorbed that they don’t develop the normal skills often to be successful later on in life: the inter-personal skills, the networking that will help them. In a candidate like Obama, especially for an African American athlete, it is a natural, because here is someone who offers hope, talks about inclusion, inspires young people. So we have been talking to athletes who have been inclined that way. Troy Aikman was a George Bush supporter. I think that’s fine. It doesn’t have to be my own politics. For me, Obama captures the same sort of hope and inspiration that John Kennedy did for another generation.

Me: What lasting thoughts do you have to the young readers of SportsAgentBlog.com who will be the next generation of powerful sports agents?

Leigh Steinberg: It is critical that agents need to remember their role of being stewards for the sport and thinking of their clients holistically in terms of how to advance the interests of their clients as human beings, not simply in terms of the dollars that they can negotiate. The real question is, 5 years post career, 10 years post career…is that a fulfilled person that has a happy, productive life? I am happy when I can say I have athletes like a Troy Aikman, who is making the Hall of Fame, part of the top broadcasting team, owning NASCAR teams, has interests in business, is running a viable charitable organization, and is financially secure with a great family. That’s the ultimate goal. One of the real flaws of traditional agentry is that there is no collegiality to it. Agents are so hyper-critical of each other that they don’t advance it as a profession, because they are so competitive that they are unable to acknowledge that other agents negotiate well or do a good job. They rejoice in the failure or difficulties of each other, and without understanding that it is a profession and the more successful every agent is, the better it is. Too often it’s crabs in a barrel. I’ve tried all these years to advance the profession and make it something that people would be proud of. None of us are perfect people and I have had my moments, but I thought that a project that I did like Jerry Maguire changed the perception of agents.

Me: I started up SportsAgentBlog.com for three main reasons. 1) I had just finished an internship and wanted to somehow think outside of the box to make a name in the industry, 2) I felt it would be a good way to ensure I keep up with the latest news and information, and 3) I wanted to make this industry more open and create that mutual respect among agents that you mentioned above. What can we do to try to foster that kind of respect for one another?

Leigh Steinberg: There was once a group called ARPA. Believe it or not, it was a group of supportive agents, and it was pretty large. They gave awards for agent of the year. Agents used to share negotiating tips and would call each other for advice on negotiations. It was a friendlier profession. Even though it was much less regulated, it was a much friendlier profession 20 years ago. Unfortunately, today, the level of competitiveness is so high. If you talk to a good doctor, he can tell you about other good doctors. If you talk to a great lawyer or professor, the same thing. If you pull a book out, on the back cover, there will be 5 complimentary blurbs from other authors. Try that with a sports agent. I support your efforts in trying to make the community friendlier.

Interview With The Agent: Leigh Steinberg from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules