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Sunday, May 19, 2013

Agent’s Ability to Avoid Clients’ Legal Issues


As a young agent, I am still surprised to hear about all of the trouble athletes are getting into off of the field.  It seems like every week players are getting arrested for DUIs, possession of drugs, or illegal possession or use of a firearm.  While the leagues and teams create programs to help these players avoid trouble and most of these players have the financial motives to avoid these issues, they still seem to find themselves in trouble.  Agents also have a financial motive to keep their players out of trouble.  The longer their clients’ careers, the greater opportunity for commissions off of those clients.

With recent news of Mike Goodson, the New York Jets running back being arrested for drug possession and weapons charges, it has dawned on me that some of these cases could be prevented by the athletes’ agents.  While many offenders may have blatant disregard for the law, others may be willing to abide by the laws (or at least a few of them) if they understood them better.  While everyone should know that drugs are illegal in all 50 states, some players find themselves in trouble with DUI and gun possession charges due to differing laws in various states.  Since most players in the NFL (and other leagues) are playing in different states than where they grew up or went to college in, it can sometimes be a lack of knowledge or understanding of the laws.  Legal blood alcohol content levels for operating a motor vehicle can be very different between states; they can be legally below the limit in one state but considered under the influence in another state.  Agents can take five minutes to look up this information and relay it to their clients who are often times young and not mature enough to consider this when moving to a different state. 

Lately, one of the NFL’s biggest issues has been the number of off-field incidents involving guns.  The NFL has a very strict policy on guns, which can cost a player a large sum of money in fines and a lengthy suspension if they violate it.  The NFL also has a large number of offenders of this policy.  To combat this problem, the NFL has mandatory annual meetings with the teams and their employees in which they encourage all NFL employees not to own or carry a gun.  While this policy may be an honest attempt to prevent players from illegally (and legally) possessing or owning a firearm, it seems to be completely useless.  The policy can often fall on deaf ears as the policy violates constitutional rights and interferes with players’ desires to own or carry a firearm for protection, hunting, or for entertainment purposes.  This is when I think an agent can have a positive influence.  A significant number of agents have legal backgrounds and are often times older (and more mature) than their clients, which would be ideal qualifications for advising clients on guns and other potential legal obstacles. 

With Mike Goodson now facing a possible suspension and fines by the NFL, agents should be considering consulting their clients on their rights as well as laws of their particular states.  Recently, an alarming number of NFL players have been getting arrested for gun crimes such as Tank Johnson, Jimmy Smith, Mike Goodson, Da’Quan Bowers, Marshawn Lynch and Plaxico Burress just to name a few.  Some of these crimes were a blatant disregard of the law, while others were simply a lack of knowledge of the various laws.  Some of these players would still have been in legal trouble due to possession of drugs but could have avoided felony charges (along with the NFL’s related punishments) if they simply applied for the license to own a gun.  States like Florida and Texas have very lax laws while Illinois and New York have extremely limiting laws which can be very difficult to abide by for those used to owning, possessing and carrying guns.  By advising clients on an appropriate state’s laws in regards to owning, purchasing, possessing and carrying a firearm, an agent can avoid some, if not most instances where clients are arrested for gun charges as most players would likely abide by these laws such as pursuing a CCW (concealed carry weapon endorsement) and gain a thorough understanding of gun laws.  This in turn will save an agent the ensuing public relations nightmare as well as potential commissions on the players’ future contracts.