OT, sorta: A request for prayers...

**Beau Petard** · 07-27-2013, 10:44 AM

Are you kidding me?

"49ers CB Tarell Brown loses $2M for skipping offseason work"

"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....[more at the link]"

The "sorta OT" part is related to some of the Ravens we read about, like McKinney, who have life issues re: finance, and football performance issues, like show up in shape. Another example might be Upshaw, and his weight, although I don't know what his contract clauses include.

But being a compassionate soul, I thought I'd point out this quote from Brown in the linked article -

'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."'

Tarell, I entreat you to read your contract next time, line by line, with or without your agent, and ask questions. Also, get a good lawyer if you plan to eat into any of that 2 mill. Maybe a suit against your former agent...

p.s. Maybe THIS is why the 49ers have so much CAP space! ;)

**GOTA** · 07-27-2013, 10:57 AM

While they're at it the same people can pray for me to get $2 million.

**Beau Petard** · 07-27-2013, 11:06 AM

GOTA--
Will do, but have you been working out on your own this off-season?

**Paintballguy** · 07-27-2013, 11:36 AM

Lmao gtfo how about reading your contract. That'd be like me not showing up to work and then asking my boss to pay me anyways.

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**alien bird** · 07-27-2013, 11:58 AM

On the other hand, an athlete isn't paying his agent a commission to negotiate a contract and then sit on his ass and not explain the small print to him while living large off the athlete's abilities. That seems like some serious negligence to me (not legal negligence, just practical negligence). Agents are paid to do more than negotiate a contract. Tarell Brown needs to hire Jerry Maguire next time.

**lobachevsky** · 07-27-2013, 12:10 PM

Originally Posted by Paintballguy

Lmao gtfo how about reading your contract. That'd be like me not showing up to work and then asking my boss to pay me anyways.

Not really. It's more like a programmer who's been assigned a code module to have ready by a certain date doing the work offsite instead of coming into the office. So long as the module's interfaces are properly defined & it doesn't need to be tested with other modules, all that really matters is whether the work has been done adequately--everything else is a control issue.

That's no excuse for not understanding what's in your contract--something that a responsible agent should go out of his way to ensure; it's part of what earns him his cut. But if Brown can offer the Whiners evidence that he followed an appropriate workout regime on his own & has kept in shape--IOW that he obeyed the spirit of the clause if not the letter--he has a basis for negotiating a compromise.

Not to say the team is at all compelled to negotiate; it depends on whether the loss of good will with the rest of the roster by being hardarsed is worth the extra cash. If it were up to Jim, they'd probably stiff him, but cooler heads may prevail.

**HoustonRaven** · 07-27-2013, 12:20 PM

I don't blame the agent one bit.

The agent getting fired is him scapegoating. These details are discussed before the contract is finalized. I don't believe for one second he was never told about that clause.

**Beau Petard** · 07-27-2013, 12:22 PM

ab-
I hear ya, and I agree Brown probably needs to look at his options with a competent lawyer.

OTOH, I have to assume it's caveat emptor when a player says to his agent, "Handle it, handle it, handle it." In the last 2 years, SWMBO and I have closed on our EC home sale, closed on a construction loan, closed on a mortgage for the recently constructed Chateau Petard;), and just a few days ago closed on a home equity line (not really rich here, but we were able to get prime because of credit ratings, so it was hard to pass up). Point being, I signed so many papers that were shoved in front of me, and a bunch of stuff that was done remotely (via power of attorney), but I tried to at least scan through the inital couple pages of BS on each signature just so I knew a slice of what I was signing away. I really should have asked for time to read through all of that, but of course what real estate agent, or lender, or whatever, wnats to hear, "Can you give me a day or two to read and digest all of this shot? After all, I'm signing away the next 3o years of my life!"

You'd think that a half-way intelligent football player (and from the little I read in the item, Brown sounds at least that) would tell his agent, "Hey, let's walk thru this pile of merde for a couple hours before I sign anything." I have a hard time understanding why Brown would not have asked if there were any strings attached to a $2M raise, or maybe he thought SF did that for all of their players...

**lowrider** · 07-27-2013, 02:45 PM

Originally Posted by HoustonRaven

I don't blame the agent one bit.

I do. These agents are akin to parasites. They get paid damn well to negotiate the contracts, AND to make sure their clients understand every detail of said contracts. If his agent wasn't aware that his client was foregoing $2 mil because he was not working out where he was supposed to, then he should be fired. Better yet, the agent should forego his percentage of the $2 mil, and then get fired.

**HoustonRaven** · 07-27-2013, 03:09 PM

Originally Posted by lowrider

I do. These agents are akin to parasites. They get paid damn well to negotiate the contracts, AND to make sure their clients understand every detail of said contracts. If his agent wasn't aware that his client was foregoing $2 mil because he was not working out where he was supposed to, then he should be fired. Better yet, the agent should forego his percentage of the $2 mil, and then get fired.

You can lead a horse to water but you can't make them drink.

Most agents are lawyers. I find it hard to believe that a lawyer would not disclose the details of the contract during negotiations and at signing. Even the simplest contract negotiation has a back and forth among parties, splitting hairs and going over the smallest of details.

If he left it all up to his agent and didn't inquire on the details, that's not the agents fault either. The agent can't do squat without consent of the client.

Maybe he did screw it all up but I don't see it based on the article.

**GOTA** · 07-27-2013, 03:17 PM

Originally Posted by Beau Petard

GOTA--
Will do, but have you been working out on your own this off-season?

I'm sure I can pay, I mean find 3 or 4 guys who can vouch for me.

**lowrider** · 07-27-2013, 09:36 PM

Originally Posted by HoustonRaven

You can lead a horse to water but you can't make them drink.

Most agents are lawyers. I find it hard to believe that a lawyer would not disclose the details of the contract during negotiations and at signing. Even the simplest contract negotiation has a back and forth among parties, splitting hairs and going over the smallest of details.

If he left it all up to his agent and didn't inquire on the details, that's not the agents fault either. The agent can't do squat without consent of the client.

Maybe he did screw it all up but I don't see it based on the article.

Any agent worth his salt is going to make sure that his client is following the guidelines of the contract. The issue I have here is that apparently the agent had no idea his client was not. I'm sure he explained the details at signing, but does that mean that he is done with him until the next contract? Brown had every right to fire him, and I'm sure this little blunder won't help get him any new clients..