Can't Live Without Them

San Francisco 49ers cornerback Tarell Brown lost $2 million because he didn't know that his contract required him to work out in Santa Clara during the offseason.

Brown, 28, who wasn’t aware of the escalator clause in his contract, fired his agent, Brian Overstreet, today shortly after he learned that his base salary had dipped from $2.925 million to $925,000 in 2013. [snip]

“That’s what agents get paid to do – to orchestrate the contract and let you know what you can and can’t do as far as workouts, OTAs, things of that sort,” Brown said. “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 and it’s just part of the business.”

Although a few sports pundits argued that Tarell Brown should have understood the details of his contract, most sided with his decision to fire the agent. Sports contracts, like other legal documents, are often so long and complicated that professional specialists are required to prepare, negotiate,and explain them to the affected parties. Good agents make sure to understand the documents completely and to communicate the salient points to their athlete clients.

While it does appear in this case that the agent was remiss, we are not absolutely certain because outsiders are not privy to the exact contract language, which is often ambiguous.

[49er coach Jim] Harbaugh explained that Brown and his erstwhile agent, Brian Overstreet, weren't the only people unaware of the contract language. According to Harbaugh, the 49ers didn't realize it either. Harbaugh said the team would have alerted Brown had it known.

[Note: the article indicates that the 49ers and Brown will probably come up with a mechanism to get him his money.] Neither the 49ers nor Tarell Brown knew about an important provision of the contract. The lawyers and agents may have been aware, but they did not communicate that knowledge. Tarell Brown's unfortunate incident shows that being able to identify trustworthy experts (lawyers, accountants, teachers, mechanics, computer technicians, therapists, etc. etc.) is one of life's most important skills.

Would you rather be lucky or smart? A false choice: I'd rather know the right people. © 2013 Stephen Yuen