zero-sum conflict

Speaking of Conflicts of Interest and To Prove I’m Occasionally Right: Let’s Revisit “‘Baseball Super-Agent Scott Boras Has Another Super-Conflict And There Is No Excuse For It,’ the Sequel”

/ Jack Marshall / 10 Comments

I have never recycled a post so soon (this one was was featured in January) but these are special circumstances:

  • After my analysis of the Fani Willis conflicts scandal did not jibe with the judge’s decision, my self-esteem is at a low ebb, and I feel the need to point out my prescience in this matter
  • This, like Willis’s self-made disgrace, is a conflict of interest, and one involving law as well…but also baseball.
  • The conflict of interest I flagged in January has now had some of the adverse results I predicted, and attention should be paid.
  • Baseball is one of the few things that has a chance of cheering me up right now, having gone through my first two weeks without Grace’s companionship and support. We followed the seasons (and the Red Sox) together since before we were married, as I taught her the game by taking her to watch the Orioles play Boston in old Memorial Stadium.

Two months after I wrote the post that follows, Spring Training is almost over and the season is less that two weeks away. Yet the two star pitchers I flagged as the victims of their agent’s greed and unethical conduct remain unsigned. I strongly believe that the reason they are unsigned is that the agent/lawyer they foolishly employ has been pitting teams against each other while using each pitcher as leverage to benefit the other, or so Scott Boras would argue. There is no question in my mind that if Blake Snell (above, right) and Jordan Montgomery (above, left), both talented left-handed starting pitchers that fill the same niche, were represented by different agents, both would have signed rich, long-term contracts by now. Because they have allowed themselves to be marketed by the same agent–an unconscionable conflict that baseball should prohibit and Boras’s bar association should sanction—they will not be ready to start the season even if both signed tomorrow. Pitchers who have had to miss large portions of Spring Training have frequently had off-years as a result: Boras’s greedy practice of representing competing talents may result in off seasons and even damage to their careers.

All of this could have and should have been avoided, and would have been, if baseball’s agents were subjected to any genuine ethical regulation.

Now here is the post… Continue reading →

“Baseball Super-Agent Scott Boras Has Another Super-Conflict And There Is No Excuse For It,” The Sequel

/ Jack Marshall / 3 Comments

Sharp-eyed Ethics Alarms readers who pay attention to my baseball posts might recognize this one. It is like the most inexcusable lazy Hollywood franchise film, a sequel that is nearly identical to the original. I’m going to see how much of the post’s predecessor I can duplicate without having to change anything

Twelve years ago, Ethics Alarms began a post about baseball agents in general and Scott Boras in particular engaging in a flaming conflict of interest that harmed their player clients this way…

Baseball’s super-agent Scott Boras has his annual off-season conflict of interest problem, and as usual, neither Major League Baseball, nor the Players’ Union, nor the legal profession, not his trusting but foolish clients seem to care. Nevertheless, he is operating under circumstances that make it impossible for him to be fair to his clients.

I could have written that paragraph today. Nothing has changed. Literally nothing: as baseball general managers  huddle with player agents in baseball’s off-season and sign players to mind-blowing contracts, the unethical tolerance of players agents indulging in and profiting from a classic conflict of interest continues without protest or reform.

I may be the only one who cares about the issue. I first wrote about it here, on a baseball website. I carried on my campaign to Ethics Alarms, discussing the issue in 2010, 2011 (that’s where the linked quote above comes from), 2014, 2019, and in 2019 again,  and last year, in 2022. There is no publication or website that has covered the issue as thoroughly as this one, and the unethical nature of the practice is irrefutable. But I might as well be shouting in outer space, where no one can hear you scream. The conflict of interest, which is throbbingly obvious and easy to address, sits stinking up the game. Continue reading →

Baseball Super-Agent Scott Boras Has Another Super-Conflict And There Is No Excuse For It

/ Jack Marshall / 4 Comments

Eleven years ago, Ethics Alarms began a post about baseball agents in general and Scott Boras in particular engaging in a flaming conflict of interest that harmed their player clients this way…

Baseball’s super-agent Scott Boras has his annual off-season conflict of interest problem, and as usual, neither Major League Baseball, nor the Players’ Union, nor the legal profession, not his trusting but foolish clients seem to care. Nevertheless, he is operating under circumstances that make it impossible for him to be fair to his clients.

I could have written that paragraph today. Nothing has changed. Literally nothing: as baseball general managers get ready for the 2022 winter meetings where, among other things, they huddle with player agents and sign players to mind-blowing contracts, the unethical tolerance of players agents indulging in and profiting from a classic conflict of interest continues without protest or reform.

I may be the only one who cares about the issue. I first wrote about it here, on a baseball website. I carried on my campaign to Ethics Alarms, discussing the issue in 2010, 2011 (that’s where the linked quote above comes from), 2014, 2019, and in 2019 again,  There is no publication or website that has covered the issue and thoroughly as this one, and the unethical nature of the practice is irrefutable. I might as well be shouting in outer space, where no one can hear you scream. Continue reading →

Broadway’s “Funny Girl” Fiasco’s Conflicted Agent

/ Jack Marshall / 3 Comments

You can be forgiven if you haven’t followed the massive Broadway crack-up saga of the “Funny Girl” revival; after all, Broadway is an elite, increasingly culturally irrelevant dinosaur where 80% of those on stage are gay, 90% of those in those in audience can afford hundred dollar tickets, and half of the shows first premiered when Joe Biden was in braces. You can be excused even more if you missed the massive ethics scandal at the crack-up’s core; after all, most theater reporters have no ethics alarms, just like most theater professionals. Still, to quote a character in an ancient Broadway classic that had an significant ethical impact, “Attention must be paid.”

Continue reading →

In The Baseball Dead Of Winter, An Old And Unresolved Ethics Problem Glows Bright

/ Jack Marshall / 14 Comments

From left to right: MLB, players, and the union.

…as Major League Baseball ignores it, as usual.

Ethics alarms test: Scott Boras, lawyer and player agent, represents two Washington Nationals free agents in their prime. One is Stephen Strasburg, one of the best and most sought after starting pitchers in the game. He was seeking, on the advice of his agent, a long-term contract of more than 30 million dollars a year. Another is Anthony Rendon, third-baseman, and the Nationals’ best player in 2019, their championship year. He also is seeking a salary of at least 30 million per year, over many years. He is a fan favorite in Washington, D.C., and obviously enjoys playing there. Contrary to popular belief, however, Major League baseball teams do not have endless supplies of money, though they have a lot. Mike Rizzo, Washington Nationals general manager, told the sports media and Washington fans that the team could not afford to sign both Strasberg and Rendon at the rates they were demanding and the marketplace dictated.

Is there a problem, and if so, what is it?

You shouldn’t need much time to answer, but then again, thousands of baseball sportswriters and the entire baseball establishment havn’t figured this out over many years, do I’ll give you a “Jeopardy!” period of reflection:

OK, contestants,what’s your answer? Continue reading →

Once Again, Baseball Agent Conflicts Are Hurting Players Who Don’t Understand Why

/ Jack Marshall / 36 Comments

Baseball writers are the tools of baseball player agents, useful idiots who write on and on about the underpaid millionaire players and the unfair owners, who won’t pay them what they “deserve.” They scrupulously avoid educating readers about the unethical player agents who manipulate the system and the players for their own benefit, not their clients.  I have written about the unregulated and largely ethics-free baseball agents before, but their conduct this off-season is unusually revolting.

At the top of the list, as usual, is mega-agent Scott Boras, who cleverly treads the line between being an agent and a lawyer—he is both—while having too many stars under his thumb for the sports organizations or bar associations to hold him to account. For example, as a lawyer, Boras would be absolutely bound to tell his clients about a settlement offer, and would be subject to disbarment if he rejected an offer without communicating it to his client (you know, like you regularly see lawyers doing on TV and in the movies). However, there are no player agent rules that require an agent to communicate a team’s salary offer to a player. Agents can, and presumably do, reject offers without their clients ever hearing about them. This, of course, avoids the problem of a baseball star saying, “Oh, hell, that’s more money than I could ever spend anyway. I know it’s less than we talked about, but go ahead and take it.”

Agents have conflicts of interest so grand, and apparently so little understood, that meaningful consent from the client, theoretically the remedy, is virtually impossible. Let’s look at Bryce Harper, Boras’s client who is seeking more than $300 million dollars over a ten year guaranteed contract. Harper is 26 years old and has already made 49 million dollars, not counting endorsements. The functional utility of each dollar he earns is less than the one earned before in his situation. Realistically, there is very little difference between a $250,000,000 contract and a $300,000,000 contract to Harper, except from an ego perspective. The extra 50,000,000 won’t make any difference to him. Boras, however, is a different matter. Let’s say his cut of Harper’s salary is 5%.  He’ll get 15,000,000 if Harper signs for the high figure, but “only” 12,500,000 if Harper agrees to the lower figure. $2.5 million means nothing to Harper: he could throw it down the toilet, and wouldn’t feel a thing. The difference to Boras, however, is much greater in practical, and add to that the marketing advantage of being able to tell potential clients that he set the new all-time record for a free agent contract for his client. Continue reading →

Ethics Quiz: “Don’t Eat The Daisies” Ethics

/ Jack Marshall / 18 Comments

I’m trying to take a breather from the Syrian refugees, President Obama, Presidential candidates and rampaging college students, and an ethics issue from a 1960 Doris Day comedy is as far away as I can get.

In “Don’t Eat the Daisies,” a movie loosely (very loosely) based on the humorous mommy anecdote best seller by Jean Kerr, wife of then New York Times  theater critic Walter Kerr, newly appointed prime drama critic Larry McKay (David Niven), his lovely wife Kate (Doris), their four rambunctious kids, their sheep dog and their wise-cracking house-keeper (Patsy Kelly)—yes, this was essentially the “Brady Bunch” without the girls—move to the country. Doris gets roped into the annual musical (for charity, natch) of the very amateur Hooten Holler Players. They ask the Larry for a play they could use, and he isn’t very helpful, so Doris calls up Alfred North, an old friend of the couple and a successful novelist played by Richard Haydn, best known as the sneaky Max in “The Sound of Music,” who has just had his first Broadway play skewered by McKay (Integrity! Integrity!). He is secretly seething and seeking revenge. The betrayed playwright siezes his chance: he sends Doris an obscure, terrible Foriegn Legion melodrama by an unknown author, and the Hooten Holler players turn it into a musical spoof.

Days before its ready to open, after all the tickets have been sold, Doris asks David to watch a rehearsal. He immediately recognizes the plot and some particularly awful lines: he wrote the  play under a pseudonym! “BWAHAHAHAH!” laughs Max, or rather Alfred. Larry’s  onetime friend, now relentless foe, has set the critic up for humiliation and professional doom, for other New York critics have been tipped off that the play getting its world premiere by the Hooten Holler Players is in fact the creation of the hypercritical critic himself. Once this abysmal mess is seen and taken apart by the critic’s rivals, his judgment will never be taken seriously again.

Niven demands that the production be cancelled, and forbids the Players to perform his work. Doris, who stars in the play, begs him to reconsider: the humble theater group will be ruined, and the charity will lose much needed support. The critic explodes: why does she care more about the amateur theater group than her husband’s career? She tells him that his theatrical power and fame has made him petty and mean. Their marriage seems ready to disintegrate.

Your retro-Hollywood Ethics Alarms Ethics Quiz of the Day is..

What’s going on here, and what do you do about it?

Continue reading →

The Unforgivable Conflict of Interest: Sports Agents, Robbing Their Ignorant Clients

/ Jack Marshall / 13 Comments

The ethical course is to choose.

The ethical course is to choose.

Sports agents are rich, powerful, and ethically handicapped by inherent conflicts of interest. The first two qualities so far have insulated them from dealing fairly and openly with the second. This is wrong, and has got to stop. For it to stop, it would help if the players, their unions, the sports leagues and the sports media didn’t either intentionally pretend not to see the obvious, or weren’t too biased and ignorant to realize what’s going on.

Four years ago, I wrote about this problem in a long piece for Hardball Times, a baseball wonk blog of consistent high quality.  The specific agent I was writing about was Scott Boras, the king of baseball player agents, but the egregious conflict I flagged isn’t confined to that professional sport; it’s present in all of them. In the article, I argued that Boras, a lawyer, is engaged in the practice of law when serving as an agent and was therefore violating the legal ethics rules, which prohibits having clients whose interests are directly adverse to each other, specifically in the so-called “Zero-Sum Conflict” situation.

A lawyer can’t assist two clients bidding for the same contract, because the better job he does for one, the worse his other client fares. A lawyer can’t sue a defendant for every penny that defendant has on behalf of one client when he or she has another client or two that have grievances against that same defendant—if the lawyer is successful with the first client, he’s just ruined his other clients’ chances of recovery. There is some controversy over whether the legal ethics rules automatically apply to a lawyer-agent like Boras, but never mind—whether he is subject to the legal ethics rules or not when serving as an agent, the conflict of interest he is blithely ignoring still applies, still harms his clients, still puts money in his pockets, and still should not be permitted. Continue reading →