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Old 07-27-2013, 09:18 AM   #1
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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.
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Old 07-27-2013, 09:23 AM   #2
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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.
Yep
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Old 07-27-2013, 09:58 AM   #3
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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, 10:22 AM   #4
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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, 10:27 AM   #5
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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   #6
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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, 10:57 AM   #7
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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   #8
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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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