Can "Show Business" and "Show Ethics" Coexist in Sports Agency? An Examination of the Conflicts of Interest Professional Sports Agents Face Today

Kristopher W. Zinchiak, University of Miami

Abstract

The role of a sports agent is to be the ultimate protector of his/her client and to represent his/her client’s interests zealously. However, as the realm of professional sports has evolved into a highly lucrative business, it has become increasingly more convenient to both overlook and undervalue the industry’s most fundamental interest, namely the protection of its players. Tempted by the lure of the almighty dollar, it is now commonplace in today’s society to cast players’ interests aside for the more appealing objectives of monetary gain and the economy of sport. In theory, sports agents exist to combat this temptation through their very definition. Yet, the ever-present ethical dilemmas and conflicts of interest inherent within the present-day sports agents’ practice, coupled with the overwhelmingly negative connotation that emanates from the mere mention of the words “sports agent”, suggests that this is most certainly not the case. Ironically, the very evil that the profession of sports agents was created to combat, is now arguably most prevalent within its own industry. So what developments have led to a profession of player protectors receiving such a bad reputation? Why have sports agents become popularly perceived by society as a sleazy, unscrupulous, and morally deficient group? The answers lie within this paper, which provides a detailed examination of the history of sports agency, the ethical issues facing sports agents today, the decisions and justifications sports agents make in response to these issues, and the current system of regulation in place that governs the actions and behavior of sports agents. Respectfully submitted for consideration by Kristopher Zinchiak, University of Miami Law School