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Chris Davis did not know the Orioles had Offered an Extension?


birdcrazy

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I believe Boras is an attorney. As such, under the applicable rules governing lawyers, he has an ethical obligation to keep his client reasonably informed of negotiations with the team. If the O's made a concete offer and he didn't pass that along to Davis, that would be highly questionable.

Correct about Boras being an attorney. However, I struggle with the applicability of the ethical rules for a Sports Agent like Boras who also happens to be an attorney. First, is he active with a state bar and, second, is he "acting" as an attorney when representing players in contract negotiations as a certified sports agent? Thus, do the rules governing attorney conduct apply to a sports agent who is also an attorney? We know that not every sports agent is an attorney...unless Gary Sheffield, Dave Steward, and Jay-Z picked up law degrees while we weren't looking.

But Frobby is making a good point that we attorneys are required under the rules of ethical conduct to communicate "settlement" offers with the client and to keep the client reasonably informed about the representation, among other things of course. If Boras is deemed to be engaged in the representation of Davis as an attorney, then the failure to communicate a formal contract offer to Davis is questionable. Maybe Stotle can shed some light here since he is closer to the industry than most of us.

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Any lawyer who can't handle derogatory remarks and jokes about lawyers should find anothe profession. But yeah, there are lawyers who take their ethical obligations very seriously, and others who consider the code of ethics to be a mere suggestion.

It's real fun when this type is on the other side of the table. Presents all sorts of interesting twists and turns.

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Correct about Boras being an attorney. However, I struggle with the applicability of the ethical rules for a Sports Agent like Boras who also happens to be an attorney. First, is he active with a state bar and, second, is he "acting" as an attorney when representing players in contract negotiations as a certified sports agent? Thus, do the rules governing attorney conduct apply to a sports agent who is also an attorney? We know that not every sports agent is an attorney...unless Gary Sheffield, Dave Steward, and Jay-Z picked up law degrees while we weren't looking.

But Frobby is making a good point that we attorneys are required under the rules of ethical conduct to communicate "settlement" offers with the client and to keep the client reasonably informed about the representation, among other things of course. If Boras is deemed to be engaged in the representation of Davis as an attorney, then the failure to communicate a formal contract offer to Davis is questionable. Maybe Stotle can shed some light here since he is closer to the industry than most of us.

DD says they made an offer. If they didn't he's lying. If he isn't then either Boras is unethical or he indeed communicated the offer to CD. CD says he don't know nothin'. Either he doesn't or he is waffling. He is between a rock and a hard place If the O's made an offer, which I believe they did, and Boras relayed it to Chris, and both agreed it was inadequate, how could he say that to the press? Much better to feign ignorance.
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Correct about Boras being an attorney. However, I struggle with the applicability of the ethical rules for a Sports Agent like Boras who also happens to be an attorney. First, is he active with a state bar and, second, is he "acting" as an attorney when representing players in contract negotiations as a certified sports agent? Thus, do the rules governing attorney conduct apply to a sports agent who is also an attorney? We know that not every sports agent is an attorney...unless Gary Sheffield, Dave Steward, and Jay-Z picked up law degrees while we weren't looking.

But Frobby is making a good point that we attorneys are required under the rules of ethical conduct to communicate "settlement" offers with the client and to keep the client reasonably informed about the representation, among other things of course. If Boras is deemed to be engaged in the representation of Davis as an attorney, then the failure to communicate a formal contract offer to Davis is questionable. Maybe Stotle can shed some light here since he is closer to the industry than most of us.

Boras is active, and I'm sure the State Bar of California would consider his negotiating contracts to be legal representation.

http://members.calbar.ca.gov/fal/Member/Detail/108792

There isn't any real incentive for an agent not to take official offers to players, but they risk losing the trust (and business) of their client. I have met a fair number of agents and can't think of one that would keep a player in the dark as to formal offers. Now, if a GM is casually tossing out numbers, I would not consider that an offer (and I don't think any agent or GM would either).

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DD says they made an offer. If they didn't he's lying. If he isn't then either Boras is unethical or he indeed communicated the offer to CD. CD says he don't know nothin'. Either he doesn't or he is waffling. He is between a rock and a hard place If the O's made an offer, which I believe they did, and Boras relayed it to Chris, and both agreed it was inadequate, how could he say that to the press? Much better to feign ignorance.

I would think that even under the rules governing MLB player representatives, an agent is required to bring a bona fide contract proposal, an "offer", to the client for consideration. So I agree with everything you say, though I do sometimes wonder if DD is not playing semantics in some of the things he says and I'm not entirely confident that a proposal was made by DD that Davis could have accepted. I suspect in substance what transpired was mere talks about key terms that did not advance very far.

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I would think that even under the rules governing MLB player representatives, an agent is required to bring a bona fide contract proposal, an "offer", to the client for consideration. So I agree with everything you say, though I do sometimes wonder if DD is not playing semantics in some of the things he says and I'm not entirely confident that a proposal was made by DD that Davis could have accepted. I suspect in substance what transpired was mere talks about key terms that did not advance very far.
I think we made an initial offer knowing it was low, and Boras and CD didn't follow up, or did with an astronomical counter offer. However way it went down DD is putting the screws to CD. He knows Davis can't acknowledge that he turned the O's down.
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Boras is active, and I'm sure the State Bar of California would consider his negotiating contracts to be legal representation.

http://members.calbar.ca.gov/fal/Member/Detail/108792

There isn't any real incentive for an agent not to take official offers to players, but they risk losing the trust (and business) of their client. I have met a fair number of agents and can't think of one that would keep a player in the dark as to formal offers. Now, if a GM is casually tossing out numbers, I would not consider that an offer (and I don't think any agent or GM would either).

I agree the State Bar will take the position that it is legal representation even though you don't need a law license to do the exact same thing. Most State Bar's think they have jurisdiction to regulate everything we do. I have successfully pushed back on a State Bar sniffing around a business venture of an attorney client of mine, so they can sometimes overreach. Your correct, it just makes sound business sense to keep the client informed about official offers.

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I think we made an initial offer knowing it was low, and Boras and CD didn't follow up, or did with an astronomical counter offer. However way it went down DD is putting the screws to CD. He knows Davis can't acknowledge that he turned the O's down.

This sounds par for the course.

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This sounds par for the course.
Davis has been making the O's look bad with this, 'I'd love to play in B'more, the balls in their court" stuff. So DD is returning the favor. "Well we made an offer, they didn't respond. Go figure?" It's all PR for the benefit of the fans. If Boras is asking 180 M for Wieters, what do you think he is asking for Davis? I would think CD would be the easier sell.
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