Ask Brett Tessler

[Brett Tessler]

Brett,
Do you think the increase of late round players getting 4 year deals is being caused by NFL teams not wanting to deal with restricted free agency and all the possible poison pill deals? And in your opinion is it better to get the security of a 4 year deal, or gamble for a little more money in restricted free agency. Thanks!

There's no doubt that 4-year deals are wiping out restricted free agency as we know it. Teams were starting this even before "poison pill" deals came into play for the simple reason that they could. Late round picks have no leverage and none of the years on the contract are guaranteed to the player anyway. Translation: If the player stinks then the team can just cut him with no further obligation, and if the player ends up being great then the team has him locked up for an extra season at the minimum salary. I think it's crap.

 

[Brett Tessler]

Brett:

• What is your opinion on the "Poison Pill" contracts? :confused:
• Do you believe the NFL will continue to allow them?:err:
• Do you believe they are fair?:tantrum:
• Have you ever had one for any of you clients?
• Did you ever participate in putting one together in order to get one of your clients to the team they wanted to go to?:unsure:
• Do you see them becoming more & more popular in Free Agency?

The "Poison Pill" provision is already a thing of the past (nobody signed one this year). It was a great loophole in the Collective Bargaining Agreement while it lasted, but teams obviously saw the danger in it and agreed to stop using them.

 

[BennyVW]

The "Poison Pill" provision is already a thing of the past (nobody signed one this year). It was a great loophole in the Collective Bargaining Agreement while it lasted, but teams obviously saw the danger in it and agreed to stop using them.

If the teams have a "gentelman's" agreement not to use them, then isn't that considered Collusion? Do you think the players association will take action, or will they be to busy counting their money to stop obvious abuses of the CBA; Collusion, Contact in OTA's, and teams pressing guys off concusions?

 

[Brett Tessler]

If the teams have a "gentelman's" agreement not to use them, then isn't that considered Collusion? Do you think the players association will take action, or will they be to busy counting their money to stop obvious abuses of the CBA; Collusion, Contact in OTA's, and teams pressing guys off concusions?

It would definitely be collusion, but I think the NFLPA would have a hard time proving it.

 

[Schleprock]

Hello Brett, I have two questions related to agents/players monetary sharing. This is for a general understanding of how the business works, and of course is no means to pry into your personal finances. I ask these taking into consideration the public knowledge of agent fees and players contract numbers.

1. I believe the max compensation is 3% allowed to an agent if I have read that number correct somewhere. How does the agent receive their fee of that? Are they entitle to a 3% cut of the total contract worth, divided into the number of years the contract is for (ie. $5mil for 5yrs = agent getting $30k a year for 5yrs), or are they given their portion in a lump sum ($150,000, from previous example), or are they paid a 3% portion whenever the player receives a monetary payout from the contract?

2. Do the more "Sharkier", high-profile agents add hidden requirements into their cost of representation because they feel 3% of the negotiated contract is not enough for them to represent the player? It would seem the player has the upper hand because they are receiving the payout and can choose their representation, but clearly some players may desire more savy agents than others and will pay more to have Agent X. So I was curious if those high profile agents find loopholes behind the 3% limit.
Once again, these are just curious questions, nothing is intended as a personal question to your finances/income. Thanks.

 

[Mile High Fin]

Hello Brett, I have two questions related to agents/players monetary sharing. This is for a general understanding of how the business works, and of course is no means to pry into your personal finances. I ask these taking into consideration the public knowledge of agent fees and players contract numbers.

1. I believe the max compensation is 3% allowed to an agent if I have read that number correct somewhere. How does the agent receive their fee of that? Are they entitle to a 3% cut of the total contract worth, divided into the number of years the contract is for (ie. $5mil for 5yrs = agent getting $30k a year for 5yrs), or are they given their portion in a lump sum ($150,000, from previous example), or are they paid a 3% portion whenever the player receives a monetary payout from the contract?

2. Do the more "Sharkier", high-profile agents add hidden requirements into their cost of representation because they feel 3% of the negotiated contract is not enough for them to represent the player? It would seem the player has the upper hand because they are receiving the payout and can choose their representation, but clearly some players may desire more savy agents than others and will pay more to have Agent X. So I was curious if those high profile agents find loopholes behind the 3% limit.
Once again, these are just curious questions, nothing is intended as a personal question to your finances/income. Thanks.

I know Brett's stated in prior posts that agents only receive their commission as the player actually gets paid. So no lump-sum payments based on the total contract........agent gets paid only if (and when) the player is paid.

I'm not sure about the other question of higher/hidden fees above 3%.

 

[Schleprock]

I know Brett's stated in prior posts that agents only receive their commission as the player actually gets paid. So no lump-sum payments based on the total contract........agent gets paid only if (and when) the player is paid.

I'm not sure about the other question of higher/hidden fees above 3%.

OK, so that would fall in line with my last option in Question #1.

 

[Brett Tessler]

Hello Brett, I have two questions related to agents/players monetary sharing. This is for a general understanding of how the business works, and of course is no means to pry into your personal finances. I ask these taking into consideration the public knowledge of agent fees and players contract numbers.

1. I believe the max compensation is 3% allowed to an agent if I have read that number correct somewhere. How does the agent receive their fee of that? Are they entitle to a 3% cut of the total contract worth, divided into the number of years the contract is for (ie. $5mil for 5yrs = agent getting $30k a year for 5yrs), or are they given their portion in a lump sum ($150,000, from previous example), or are they paid a 3% portion whenever the player receives a monetary payout from the contract?

2. Do the more "Sharkier", high-profile agents add hidden requirements into their cost of representation because they feel 3% of the negotiated contract is not enough for them to represent the player? It would seem the player has the upper hand because they are receiving the payout and can choose their representation, but clearly some players may desire more savy agents than others and will pay more to have Agent X. So I was curious if those high profile agents find loopholes behind the 3% limit.
Once again, these are just curious questions, nothing is intended as a personal question to your finances/income. Thanks.

As MY AGENT just answered for me in the post above, agents can only collect fees on money already paid to their clients UNLESS in an issue of deferred compensation the player and agent have entered into a seperate agreement stating that the player has agreed to pay the agent ahead of time on money earned, but not yet paid.

In regards to the second part of your question, NFL agents are only allowed to take a maximum 3% of a player's contract and it would be a major violation (punishable by decertification) to circumvent this limit.

 

[Schleprock]

Thanks Brett :D

 

[Juggernaut]

Hey Brett!

What's your opinion on the Culpepper situation. Do you think he has any chance of winning this greivance? I mean..even the phins union rep Jay Feely said he thinks the Dolphins are doing nothing wrong. Why would NFLPA waste their time with this? Its not like he's barred from the facility, they just effectively "benched" him by putting him so far down the depth chart hes not involved in team drills.

Also, do you think is he is hurting himself by not having an agent in his trade negotiatons? (objective opinion if possible, haha)

 

[njfinfan]

Hey Brett!

What's your opinion on the Culpepper situation. Do you think he has any chance of winning this greivance? I mean..even the phins union rep Jay Feely said he thinks the Dolphins are doing nothing wrong. Why would NFLPA waste their time with this? Its not like he's barred from the facility, they just effectively "benched" him by putting him so far down the depth chart hes not involved in team drills.

Also, do you think is he is hurting himself by not having an agent in his trade negotiatons? (objective opinion if possible, haha)

You just posed the exact same question I came in here to ask Mr. Tessler. Good morning, Brett. I've read through this thread many times, but never had the opportunity to pose a question until I saw this one. I'm anxious to hear your insight on the Daunte situation with no agent. What would make a player decide NOT to choose an agent. Is it just for money? Not having an agent can't be in their best interests can it?

Thank you for your reply.

Mary

 

[Brett Tessler]

Hey Brett!

What's your opinion on the Culpepper situation. Do you think he has any chance of winning this greivance? I mean..even the phins union rep Jay Feely said he thinks the Dolphins are doing nothing wrong. Why would NFLPA waste their time with this? Its not like he's barred from the facility, they just effectively "benched" him by putting him so far down the depth chart hes not involved in team drills.

In a grievance anything can happen. One of my clients just won a big settlement against a team last week. From a technical standpoint it looks like the Dolphins are doing nothing wrong, but from a practical standpoint they may be violating the spirit of the rules. As for why the NFLPA would "waste their time with this", it's because it's their job.

 

[Brett Tessler]

You just posed the exact same question I came in here to ask Mr. Tessler. Good morning, Brett. I've read through this thread many times, but never had the opportunity to pose a question until I saw this one. I'm anxious to hear your insight on the Daunte situation with no agent. What would make a player decide NOT to choose an agent. Is it just for money? Not having an agent can't be in their best interests can it?

Thank you for your reply.

Mary

Mary,
So great to hear from a member of the opposite sex! This place has a higher male population than Folsom Prison.

To answer your question, they say anybody who represents themself has a fool for a client. This case is a perfect example. Duante Culpepper is less capable of being an agent as I am of being an NFL quarterback. Every time he opens his mouth or sends another email to the media he exposes himself as an idiot. History proves that there's never been a player who's acted as his own agent and benefitted. If this guy wants to screw up HIS career I'm fine with it... It's just that once bad precedents are set (like this impending greivance or a bad contract), it makes things worse for every other player in the league.

 

[Myles Fynch]

To answer your question, they say anybody who represents themself has a fool for a client. This case is a perfect example. Duante Culpepper is less capable of being an agent as I am of being an NFL quarterback. Every time he opens his mouth or sends an email to the media he exposes himself as an idiot. History proves that there's never been a player who's acted as his own agent and benefitted. If this guy wants to screw up HIS career I'm fine with it... It's just that once bad precedents are set (like this impending greivance or a bad contract), it makes things worse for every other player in the league.

Very good advice. The hole he's digging for himself will only get harder to climb out of as this continues. It will make it worse for other players as you've stated, and likely land DC as the poster boy of why you shouldn't try to do everything yourself.

I didn't know the agent's fee was as low as 3%. The question: find an agent with a comparable view of things in the sports world, or stress myself into a frenzy by trying to be my own agent--doesn't seem like a difficult choice, but then again I'm neither agent nor athlete. :)

 

[Muck]

Speaking of decertification....

Brett, what is your overall opinion of Gene Upshaw and his tenure as head of NFLPA? :tongue:

Also, what do you think of ND Kalu's recent comments about active players putting money into a fund for retired players? What's your take on the current system in place for retired players?