Cracking down on Advisers

– October 8, 2009Posted in: MLB Draft, NCAA Violations

If you have been following this site for over a year, then you have heard me talk about the Andrew Oliver case at least a few times. The main issue in the case is whether or not drafted players could use legal counsel to help them negotiate a contract. The NCAA has been very strict that these advisers violate the amateurism rule if they are paid like they were in the Oliver case. This is very interesting as MLB teams have lawyers helping negotiate contracts but the drafted player can’t? Don’t you think something is wrong there?

Chuck Carree of The Star News has a very good explaining the details which can be read by clicking here.

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Tags: MLB Draft, NCAA, NCAA Violations

About Brian Foley

Brian Foley is the founder and Lead Editor of College Baseball Daily since its inception in 2005. He has covered two CWS, multiple NCAA Baseball Regionals, and other special events across the country. In addition to his duties with College Baseball Daily, he has covered games for Inside Lacrosse and been featured in USA Today, Wall Street Journal among other publications. He can be contacted by email at editor at collegebaseballdaily.com and followed on Twitter @BFoley82.

Charlie

Now that the Oliver case has settled, confidentially, we will have to wait and see what the NCAA does with the issues raised in Oliver v NCAA. The recent “questionnaire” may be an indication of an intention to ignore the Ohio Court’s ruling and enforce the rule previously used to punish Mr. Oliver. This despite the fact that the NCAA was criticized by Judge Tone for a one-sided rule. Prospective signees/players/student-athletes should consider not filling out the “questionnaire” and asking the MLB club to whom they may be speaking to sign a confidentiality agreement prior to negotiating. That confidentiality agreement should, amongst others, include provisions that the identities of the individuals negotiating for both sides cannot be disclosed. If they are the damages can include the cost of the lost education/scholarship, likely signing bonus etc…
Marcus Kingsley

They definitely shouldn’t crack down on advisers. I think players should be able to get legal counsel in negotiating a contract. I don’t know much about the Oliver case, but it looks like somebody got some good money off from it while details were withheld from the player. The drafted players should be able to get as much advice as possible, as it is their career, and good advice should be given to them in order for them to make the best decision possible.

http://thecollegebaseballblog.com Brian Foley

Marcus,

The basic way of summing up the Oliver case is that Oliver’s former agent sent him a bill. His current agent sent a letter back saying he doesn’t owe anything. NCAA found out and suspended Oliver for the 2008 NCAA Tourney b/c the agents were actually rendering services for a fee.