USA TODAY International Edition
Players mull split from agents
Union studies how to aid in contract talks
As Seattle Seahawks left tackle Russell Okung prepares to negotiate his next contract without an agent, he’ll have support from the NFL Players Association and a group of his peers who are exploring ways to help others do the same.
In March, the NFLPA’s board of representatives unanimously passed a resolution to form a committee to re- examine agent fees, educate incoming rookies on options and look into creating an in- house resource to negotiate contracts and/ or advise players on doing their own deals.
“I think it’s awesome,” New York Giants running back and player representative Rashad Jennings, who proposed the motion, told USA TODAY Sports of Okung’s plan. “It’s raising awareness. It’s bringing attention to particular areas of our industry.”
The committee, which includes Okung’s teammates Richard Sherman and Michael Bennett, has conducted three calls, Jennings said. It has not yet turned over recommendations, but the union is mobilizing to assist Okung, who revealed his decision to “free my agent” in a first- person essay posted Monday to The Players’ Tribune.
By Tuesday, the NFLPA had supplied Okung with the top 10 offensive tackle contracts and was prepared to provide further analysis and legal advice on contract language as needed before and after he’s scheduled to hit the free agent market in March, union President Eric Winston told USA TODAY Sports.
“If you’re going to hire a lawyer to look over language just to make sure it’s right, we can do that as a union,” said Winston, an offensive tackle for the Cincinnati Bengals. “I just think we need to do a better job of letting guys know that we have that ( available).”
A person with knowledge of union dynamics, speaking on condition of anonymity because of the sensitivity of the matter, pointed out that a group of player reps advocated in March on behalf of agents and their ability to charge a maximum of 3% of a player’s gross income. ( A motion passed to reduce the maximum fee on minimum salary benefits contracts to 2% was deferred until Jennings’ committee makes its recommendations.)
It’s an awkward spot for the NFLPA, which is responsible for certifying and regulating agents. But Jennings emphasized the focus is on showing players ways they can take ownership of their careers and finances, not eliminating agents from the business.
“They try to make the negotiation seem so difficult that they won’t explain the simplicity of what’s taking place,” said Jennings, who aspires to start a sports management firm. “Because if you know what he or she knows, then what’s their value?”
One of the first possibilities Jennings raised with the committee was changing the maximum agent fee to 3% of net income after taxes.
In the essay, Okung wrote that his former agent, Peter Schaffer, agreed to take 2.5% on his sixyear, $ 48.5 million rookie deal, which comes to $ 1,212,500. That’s significant money, but skeptics of Okung’s decision can list numerous potential pitfalls of representing himself.
Agents know the personalities and philosophies of each general manager. They manage expectations and serve as a buffer between player and club. They carry liability insurance. The good ones are well- versed in language and clauses specific to NFL contracts. There also is the matter of the NFL’s three- day negotiating period before free agency, during which teams are permitted to contact agents but not players themselves, a rule that could put Okung at a disadvantage.
Still, Jennings said he had an epiphany after splitting with his former agent, Adisa Bakari, and dealing directly with GMs before letting his new agents finalize a four- year, $ 10 million deal with the Giants in March 2014. When he hits the market again, Jennings says, he won’t use an agent.
Former San Francisco 49ers defensive lineman Justin Smith and former Tennessee Titans safety Bernard Pollard are among the veterans to represent themselves in negotiations in recent years. Before this year’s draft, Jennings encouraged top draft prospect Ereck Flowers to represent himself. Now Jennings’ teammate with the Giants, Flowers ( drafted ninth overall) signed his four- year, $ 14,391,832 deal with his father serving as an adviser.
That was a slotted rookie deal, leaving little room for actual negotiation. Talks on the type of megadeal Okung will be seeking next year figure to be much more complex. One way or another, the outcome of those negotiations figures to resonate.
“What it takes for people to open ( their eyes) is for somebody with that leverage to do it and be bold of why they did it — in humility, not arrogance, but to be assured why they did it,” Jennings said. “I don’t look at this as us versus the world. This is just a small piece of the puzzle that I think we should probably address.”
“( Agents) try to make the negotiation seem so difficult that they won’t explain the simplicity of what’s taking place.”
Rashad Jennings