Young Lawyers Journal
Issue 8
From left to right: Marc A. D'Antonio, Senior program manager, Massachusetts Bar Association, and Jared D. Correia, practice management advisor, Massachusetts Law Office Management Assistance Program.
Sports in the courts: “Draft-y In Here: Major League Openings”
by Marc A. D’Antonio, Esq.and Jared D. Correia, Esq.
The Major League Baseball Draft took place earlier this month. Now, unless you are a fantasy baseball geek, like Jared, who is probably one of the only people who has heard of more than one player drafted, the baseball draft likely passed you by with little fanfare. You likely know all about the NFL Draft, and probably even some about the NBA Draft and something of the NHL Draft, as well; but, the MLB Draft has always been the redheaded stepchild of the modern sports draft craze. Several factors contribute to the lack of popularity of the MLB Draft. For one, it goes on for 50 (plus supplemental rounds, after first, second, and third for compensation from free agent loss) rounds, as compared to seven rounds for the NHL and for the NFL and two rounds for the NBA. For another, there is no trading of picks in the MLB Draft; trading of picks adds speculation and intrigue to the drafts of other leagues. Finally, the MLB Draft is less popular than other drafts because fans have less currency with drafted players. Collegiate baseball (regular season and tournament play) is less popular than collegiate football, basketball or hockey (regular season or tournament play). Adding to the mix is the fact that most MLB draft picks are high schoolers,
click here for the MLB draft entry rules; for other FAQs,
see here. Fans do not ever have access to these players on a national stage, unless and until they make it to The Show.
But, while you may neither know of it, nor care for it, the MLB Draft is nonetheless an event of major significance. We are talking a large-scale power play here, with huge money in the balance for the top picks. (One unique tweak that the MLB Draft is beneficiary of is the baseball rule that teams losing top-flight free agents are awarded “sandwich picks” in between the first and second rounds, for compensation.) This year’s top draft pick (former San Diego State right-hander, Stephen Strasburg) has been labeled a once-in-a-generation talent, and, once-in-a-generation talent don’t come cheap. Strasburg is a beast, admittedly, and probably the guy you know from this draft, given that he has been profiled on Sportscenter about 30 times by now. Strasburg throws a four-seam fastball that has been clocked at 102 miles per hour; he has thrown a no-hitter; and, he has struck out 23 batters in one game. Not much left for him on the collegiate level. Now it is time for the Washington Nationals, Strasburg’s selectors, to pay up. Of course, Strasburg is represented by uberagent Scott Boras, who is likely to demand a package of six years and $50 million. All this before Strasburg has thrown even a single professional pitch.
Given all the hype surrounding him, and all of the money coming his way, are the expectations surrounding Strasburg reasonable, or even realistic? Risk of injury and the legitimate uncertainty of Strasburg actually remaining in the major leagues, if he gets there, are realities that affect him just as much as they would any other young draftee. Although Strasburg’s contract will likely call for his appearance on a major league roster after some defined time period, this is no guarantee that Strasburg will stick with a major league club, and be an effective pitcher.
A review of the numbers places the players’ chances for major league success in stark relief: there are 5,400 minor league baseball players, and there are 1,200 major league baseball players. That means only about 18 percent of minor league players become major league players. Assuming that every player in the minor leagues has been drafted (which is not the case; but, let’s assume so for argument’s sake), these numbers mean that fewer than one in five draft picks even make the major leagues. Moreover, these numbers only contemplate those players who “make it” to the big leagues, even if that “making it,” is for but
one game, like Archibald Wright “Moonlight” Graham did. Reducing the numbers further, fewer than 18 percent of minor leaguers and draft picks become major leaguers. (We will admit, there are likely problems with the exactness of these numbers, for all of you math nerds out there; but, this is why we went to law school: we hate math.)
Given the high rate of failure, a question here is begged: How can a 20-year-old (as of this writing) pitcher, who has never pitched an inning of professional baseball, be given a contract of $50 million over six years? Baseball fans and the public-at-large tend to blame player agents for the driving up of player salaries. However, not every agent is greedy. Moreover, not every agent is Scott Boras. In addition, not every agent lives in Los Angeles. Some agents reside here in our own region.
Therefore, to offer some perspective on these issues, Sports in the Courts spoke with local attorney and baseball agent, John B. Shinn, Esq. Attorney Shinn is the founder of
Nine Sports Management, LLC in Boston. We asked Attorney Shinn to give us an overview of what the process is for vetting players and advising them before, during and after the draft.
“Over the years, I have traveled all over the country and met a lot of people,” Attorney Shinn said. “I have a strong network of scouts, particularly in the Midwest. The scouts are the ones that have the real power in giving me the initial recommendation to come see a player who shows a lot of promise. However, until the player becomes eligible for the draft, I can serve only in an advisory capacity.”
Serving in an advisory capacity is where Attorney Shinn’s legal training and experience distinguishes him from other agents. “I am a lawyer first,” Shinn said. “The best agents ensure that the client makes an informed decision. It is my job to assist the player in making the best possible decision, keeping the player’s future in mind. I explain all the options a player has when faced with a tough decision, such as weighing the pros and cons of entering the draft, taking the college scholarship or staying in school. Ultimately, the decision made is the player’s.”
And, that decision can be particularly challenging for a high school player. Attorney Shinn told us that, “teams usually draft 50 plus players, but will only offer contracts to 20 to 30 of them. Usually, a high school kid will get drafted late, so a team can talk to him exclusively, to see if he is “signable.” Also, each Major League team has their farm system set up differently. Some have six minor league teams in the United States, some seven. Some have minor league teams in the Dominican Republic and Venezuela. Some have short season “A” teams, some only have rookie teams. It’s all about organizational philosophy. For example, (the) Atlanta (Braves) love high school players, as bad habits are easier to break, to teach the Braves’ way of pitching. And, the Braves farm system is setup that way.”
Shinn indicated that representing players is a tough, competitive business. However, when a client calls him first, to tell him that he has just been called up to the big leagues, “it makes all the hard work worth it. There is no better feeling than getting that call, because I really do develop a strong relationship with all my players, and always strive to do what’s best for them.”
We are grateful for Attorney Shinn’s taking the time to talk to us for this edition of Sports in the Courts. Thank you, John.
Join us in a few months, when we provide more hard-hitting journalism, covering the toughest-to-tackle sports issues of the day.
Marc A. D’Antonio, Esq., is the Senior Programs Manager at the Massachusetts Bar Association. I am not going to be sucked into Jared’s Lakers bashing vortex (see below). They won, get over it!
Jared D. Correia, Esq., is the Law Practice Management Advisor for the Massachusetts Law Office Management Assistance Program. He is the former Publications Attorney for the Massachusetts Bar Association. Prior to joining the MBA, Correia was a general practice and disability attorney. Correia is currently trying (by losing a heck of a lot of games this year) for the number one pick, and a shot at Stephen Strasburg, in his next fantasy baseball prospects draft. Always gotta be thinking about 2010. Correia would be remiss, as well, if he did not tell the Lakers to be sure to keep the Finals Trophy warm for the Celtics for next year, when the C’s once again expose Kobe Bryant and Pau Gasol and Lamar Odom for what they are: a soft team (and, in Gasol’s case, an overgrown llama - I stole that from Mike Adams.)