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Old 07-26-2013, 09:29 AM  
Rain Man Rain Man is offline
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Tarell Brown fired his agent for a really good reason.

I bet the agent was really looking forward to hearing his receptionist say, "Tarell Brown on Line 2".

Seriously, it seems like this is really good lawsuit material. Isn't it the agent's job to know this stuff?


http://www.nfl.com/news/story/0ap100...49ers-workouts

Tarell Brown left $2 million on the table this offseason. This hardly was part of the plan.

The San Francisco 49ers cornerback was due to earn $2.925 million in 2013, the final year of his contract. To collect $2 million of that salary, he was obligated to attend offseason workouts with the team. Unaware that his attendance was contractually mandatory, Brown worked out on his own in Texas.

He didn't realize he had cost himself dearly until Thursday, when he saw reports on Twitter. He immediately fired his agent, Brian Overstreet.

"No one wants to leave money on the table," Brown said Thursday, via The Associated Press. "If I would have known the clauses in my contract -- that's what agents get paid to do, to orchestrate the contract and to let you know what you can and can't do as far as workouts and OTAs and things of that sort. That's what he got paid to do. He didn't do that, so in my opinion, you have to be let go. We all are held accountable for our actions. This is part of the business."

After finishing what we imagine was a tremendously pleasant conversation with Mr. Overstreet, Brown reached out to the 49ers. Unfortunately for the 28-year-old, "there wasn't too much I really could say."

"It had nothing to do with not being in shape, not wanting to work out, no contract problems, it just had to do with me wanting to go back home and train," Brown said. "It's something I've been doing for the past few years."


Brown said he plans to sit down with 49ers coach Jim Harbaugh in an effort to work out a compromise of some kind.

"Hope for the best," Brown said. "Pray for me."

Let's throw in a prayer for the agent, too. What a mess.
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Old 07-27-2013, 09:57 AM   #106
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Someone offers me a couple million and you can rest assured I don't treat it like a rico post and go TLDR
Yep
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Old 07-27-2013, 09:58 AM   #107
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I would imagine his agent should have told him about the contract more thoroughly.
I also would imagine that he will be told he should have read it before he signed the contract.
Brown is claiming that he was in frequent contact with his agent. He claims that the clause never really came up. Which I'm inclined to believe, because it really does genuinely seem like Brown flat out did not know about this. It will be interesting to see if Brown mentioned he was working out on his own and his agent said nothing.

It doesn't help that his agent is a contract lawyer. This is an unbelievable oversight on his part.

It's possible he told Brown about it. I'm inclined to believe that given he had money on the line too, he would have been forceful about it if he did and certainly wouldn't have ever let him work out on his own.
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Old 07-27-2013, 10:02 AM   #108
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Anyone who doesn't fully read a contract before signing is a complete dumbass.
When it comes to millions of dollars, yes.


Don't forget that he is a CB, so he probably has the IQ of a doorstop. Reading is not required in his field of expertise.
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Old 07-27-2013, 10:04 AM   #109
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Anyone who doesn't fully read a contract before signing is a complete dumbass.
Especially agents who pored through the contract, negotiated the terms, and have experience in contract law.
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Old 07-27-2013, 10:08 AM   #110
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When it comes to millions of dollars, yes.


Don't forget that he is a CB, so he probably has the IQ of a doorstop. Reading is not required in his field of expertise.
I should point out that he went to the University of Texas, so he must be pretty bright unless things have changed since I went there.
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Old 07-27-2013, 10:10 AM   #111
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I should point out that he went to the University of Texas, so he must be pretty bright unless things have changed since I went there.

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Old 07-27-2013, 10:22 AM   #112
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Brown is claiming that he was in frequent contact with his agent. He claims that the clause never really came up. Which I'm inclined to believe, because it really does genuinely seem like Brown flat out did not know about this. It will be interesting to see if Brown mentioned he was working out on his own and his agent said nothing.

It doesn't help that his agent is a contract lawyer. This is an unbelievable oversight on his part.

It's possible he told Brown about it. I'm inclined to believe that given he had money on the line too, he would have been forceful about it if he did and certainly wouldn't have ever let him work out on his own.
So he is admitting that he didn't read his contract. That is his fault. I can't blame him for firing his agent. I would feel like the agent cost me the money as well. But the bottom line does not change. It was Browns legal responsibility to know what was in the contract before he signed the contract. He did not do that so he has no one to blame past himself. He probably will not trust his next agent.
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Old 07-27-2013, 10:23 AM   #113
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I just have a funny image of him staring at the contract and going "**** it TLDR"
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Old 07-27-2013, 10:27 AM   #114
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So he is admitting that he didn't read his contract. That is his fault. I can't blame him for firing his agent. I would feel like the agent cost me the money as well. But the bottom line does not change. It was Browns legal responsibility to know what was in the contract before he signed the contract. He did not do that so he has no one to blame past himself. He probably will not trust his next agent.
If you pay an agent to represent you, and he's the one telling you that it's okay to workout somewhere else, that's advice and counsel. And it's pretty much malpractice because he gave counsel that he absolutely should have known was wrong. People act like we're talking about educated Harvard students who negotiate their contracts. They hire agents who are more than likely reading high level points about the salary. It's possible this clause was barely even communicated to him in the talking points.

That is especially worse if his agent had power of attorney.
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Old 07-27-2013, 10:34 AM   #115
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If you pay an agent to represent you, and he's the one telling you that it's okay to workout somewhere else, that's advice and counsel. And it's pretty much malpractice because he gave counsel that he absolutely should have known was wrong. People act like we're talking about educated Harvard students who negotiate their contracts. They hire agents who are more than likely reading high level points about the salary. It's possible this clause was barely even communicated to him in the talking points.

That is especially worse if his agent had power of attorney.
This agent has how many players that he is responsible for? If the player doesn't ask a direct question reguarding this where the agent would look up that information then it is not the agents fault.
I would imagine that it would be difficult to keep those contracts straight off the top of your head.
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Old 07-27-2013, 10:37 AM   #116
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I should point out that he went to the University of Texas, so he must be pretty bright unless things have changed since I went there.
Bevo colored glasses?
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Old 07-27-2013, 10:57 AM   #117
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This agent has how many players that he is responsible for? If the player doesn't ask a direct question reguarding this where the agent would look up that information then it is not the agents fault.
I would imagine that it would be difficult to keep those contracts straight off the top of your head.
If his agent actually said it was okay to not attend, then he is a paid contract lawyer who gave advice that was completely incorrect. Don't give advice without referencing the contract. It will also be interesting to see if this agent had power of attorney.

If he has so many clients that he can't remember this kind of a major detail, then shame on him. And he's paying for it dearly. I am sure it's going to really hurt his ability to get and keep clients.

If you believe Brown, the two talked frequently. How can an agent interact with his client without knowing a thing about contracts, especially when that is your bread and butter? You'd expect it from a lesser educated guy with no contractual experience (it's possible he heard and read the terms but didn't understand it, which is why he hired an attorney). You don't expect that from a guy whose life is built around negotiating contracts.
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Old 07-27-2013, 11:06 AM   #118
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If his agent actually said it was okay to not attend, then he is a paid contract lawyer who gave advice that was completely incorrect. Don't give advice without referencing the contract. It will also be interesting to see if this agent had power of attorney.

If he has so many clients that he can't remember this kind of a major detail, then shame on him. And he's paying for it dearly. I am sure it's going to really hurt his ability to get and keep clients.

If you believe Brown, the two talked frequently. How can an agent interact with his client without knowing a thing about contracts, especially when that is your bread and butter? You'd expect it from a lesser educated guy with no contractual experience (it's possible he heard and read the terms but didn't understand it, which is why he hired an attorney). You don't expect that from a guy whose life is built around negotiating contracts.
That is the littlest word with the biggest meaning.
Proving that is going to be very hard. Good luck to him on that. I bet that he cannot prove that and he will just be out the money.
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Old 07-27-2013, 11:10 AM   #119
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If I received a contract that large, the pages would be stuck together from signing it in Fap juice.
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Old 07-27-2013, 11:10 AM   #120
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If a lawyer stops serving you because it no longer fits his best interests, then he is a shitty lawyer. This is a service industry. Especially in the agency world where your reputation means everything, I'd want to think this agent would be smart enough to not let something like this slip past him, especially since he's the most well-versed on the specifics of the contract.

And again, the agent screwed himself because he now doesn't earn commission on that $2M. All he had to do was pick up the phone. You want to blame the player (who is, from reports, actually doing his own workouts) but not the agent who only had to pick up the phone and call.
Why are you so eager to accept the word of the player who just gave up 2 million dollars? Do you honestly think the agent never mentioned a 2 million dollar workout clause in this players contract?

It's not the agents responsibility to to make sure the player is following through with his obligations after the player has been told about the parameters of his contract. This is an employment contract and it is the employee's responsibility to know what is in his contract. You here all the time players say "it's a business". Well, dumbass, act like it's a business and take care of your side of the business.
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