For NFL’s rule against negotiations with uncertified agents, enforcement is the challenge
MIKE FLORIO
Fri, Mar 24, 2023, 3:13 PM CDT3 min read
Most of the time, a player who represents himself in negotiations with teams is, in reality, represented by an agent who is not certified by the NFL Players Association. It’s rarely presented that way, either because the player prefers the perception that he’s doing it alone — or because the player realizes the importance of discretion.
Consider this portion of Thursday’s memo from the league regarding the work of Ken Francis on behalf of Ravens quarterback Lamar Jackson: “As an uncertified person, Mr. Francis is prohibited from negotiating Offer Sheets or Player Contracts, or discussing potential trades on behalf of any NFL player or prospective player or assisting in or advising with respect to such negotiations.”
The rule is clear. The uncertified agent can’t negotiate with teams — and the uncertified agent can’t assist or advise with respect to such negotiations.
Earlier this week, Texans tackle
Laremy Tunsil was nonchalantly candid regarding the fact that uncertified agents do indeed assist and advise him.
“I have Saint Omni,” Tunsil told reporters. “I have Laolu Sanni. If I had any questions about the contract, I’d just hit those guys up and be like, ‘How do you feel about this?’ or ‘How do you feel about this?’ We got it done pretty quick man. It didn’t take long. It was very easy.”
Even with this admission, what can the league do about it?
It’s entirely possible that Omni and/or Sanni did more than assist and/or advise Tunsil. For some self-represented players, the uncertified agent sends and receives emails to the team through a dummy email account. (At least one team has received an email from a self-represented player — while the player was on the practice field.)
We asked the league, three times, if the league will investigate whether the Texans negotiated with Saint Omni, who was the subject of a do-not-negotiate-with-this-person memo sent last year to teams. The league responded to none of these emails.
So what can really be done? While there’s no way to prevent a player from using uncertified agents to advise or assist them, steps can be taken to ensure that an uncertified agent doesn’t negotiate with teams.
It’s easy, if the NFL is willing to do it. The league could require all negotiations with self-represented players to occur either face to face or in a two-parties-only Zoom call initiated by the team.
Of course, at some point it would be important to reduce communications to writing. That’s where it becomes difficult if not impossible to prove violations, if the player and uncertified agent are discreet.
Still, at some point it potentially becomes more trouble than it’s worth for the self-represented player. But if only the most cursory measures are going to be taken (
e.g., sending a periodic memo), and if they aren’t going to work (
i.e., Saint Omni’s ongoing work with players), nothing will ever really change.
For now, it’s not a huge problem; not many players represent themselves with uncertified agents. If it grows, however, certified agents have to ask themselves whether it makes sense to keep paying annual fees, to continue buying malpractice insurance, to attend the mandatory annual meeting, and to comply with rules and regulations that necessarily don’t apply to those who operate beyond the reach of the NFLPA.