Sports: "Student-Athletes have a Right to Representation"
Posted January 18th, 2011 @ 05:01pm
College Baseball players have right to be represented by an attorney through negotiations. Unlike in the N.F.L. and the N.B.A., in which athletes must declare their intention to enter the draft, college baseball players are selected by Major League Baseball before their eligibility has expired. NCAA rules permit these players to have attorneys/advisors, but the NCAA rules do not permit the attorneys to negotiate with teams.
On February 12, 2009 Ohio Judge Tygh M. Tone ruled that the NCAAs ban on the presence of agents during negotiations with professional teams should not apply to lawyers. Judge Tone declared that preventing Athletes from being represented in negotiations with professional baseball teams would interfere with that athletes right to legal representation. The Ohio Court found that the NCAAs Bylaw was Void and that it prevented Student-Athletes from utilizing attorneys was arbitrary and capricious and against the public policy of the State of Ohio as well as all the states within this Union and further limits the players ability to effectively negotiate a contract.
At issue is a lawsuit filed last fall by Andrew Oliver, an Oklahoma State pitcher who was declared ineligible by the university after N.C.A.A. officials discovered that a lawyer had been present during talks with the Minnesota Twins while Oliver was in high school.
NCAA Bylaw 12.3.2.1 states, A lawyer may not be present during discussions of a contract offer with a professional organization or have any direct contact (in person, by telephone or by mail) with a professional sports organization on behalf of the individual. A lawyers presence during such discussions is considered representation by an agent.
It is impossible to allow student-athletes to hire lawyers and then have the NCAA attempt to control what that lawyer does for his client. The Ohio Court stated that, These rules attempt to say to the Student-athlete that they can consult with an attorney but that attorney cannot negotiate a contract for them with a professional sports team. This surely does not retain a clear line of documentation between amateurism and professionalism. The client/student-athlete will never know what his attorney is doing for him or her and quite frankly neither will the [NCAA].
The NCAA cannot restrict the ability of proper representation. Judge Tone stated that No entity can dictate to an attorney where, what, how or when he should represent his client. If the [NCAA] intends to deal with this athlete or any athlete in good faith, the student-athlete should have the opportunity to have the tools present (in this case an attorney) that would allow him to make a wise decision without automatically being deemed a professional, especially when such a contractual negotiation can be overwhelming, even to those who are skilled in their implementation.
The majority of High School baseball players go to college; many to NCAA institutions. In fact, Oliver turned down more than $300,000.00 from the Minnesota Twins to attend Oklahoma State University. He made this monumental choice right after his Senior year of High School. This is a tough decision for any athlete. Many would argue that athletes like Andrew Oliver are able to make that decision by utilizing the services of an attorney who understands Major League Baseball and the Amateur Draft, and has the skills to negotiate with MLB front office executives.
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Business: "The Importance of Risk Assessment"
Posted January 10th, 2011 @ 12:01pm
Performing a detailed risk assessment for your business is crucial to prevention of potential costly litigation. Every business needs to evaluate how their business risk coexists with their insurance policies and coverage. Just having an insurance policy does not necessarily mean that your business is being provided the proper coverage. You should work directly with your agent and your business attorney to make sure you are covered (and not excluded) for the specific risks you face every day in your business.
Many insurance agents/companies provide boiler plate policies without properly evaluating your businesses specific needs. Your business is not a boiler plate business, so your business needs more than a boiler plate policy. To help businesses manage risk, many providers of insurance have general ways of determining what kinds and degrees of risk different people and businesses face. To do this, insurers typically rely on the basic principle of grouping together similar risks. By examining the risks faced by a variety businesses, insurers establish common risk profiles. With this information, an insurer then typically determines what kind of insurance to offer someone applying for a policy, and how much it will cost to insure that persons risks. However, your business risks are not general and should not be grouped. They are specific and need to be specifically addressed.
It is very important for any Business to work in depth with their insurance agent and their attorney to make sure their specific risks are addressed within their policies of insurance. These risks can be evaluated by providing copies of the contracts you use in your day to day business to your agent. Risk can also be evaluated by detailed discussions regarding the concerns you have in your day to day operations. Ultimately, your policies of insurance should coexist with your contracts. If you have any questions, please call Justin Seurer @ Seurer Law Firm for a Free Consultation.
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