Randy Hoerschgen | 104 Anthony Lane | Mandeville, Louisiana 70471 | Randy@decision1.net | (573) 353-4663
I have been blessed to have the opportunity to utilize my negotiation skills through the use of mediation, arbitration and neutral fact-finding. Over the years, I have conducted hundreds of successful negotiated settlements in employment law, family law, and various civil law cases. I have also been blessed to have been able to play baseball at the college and semi-pro levels. With the passion I possess for negotiations and baseball, it made perfect sense to pursue the opportunity to use my negotiation skills as a Major League Baseball (MLB) players agent.
The relationship between an agent and his client is governed by various state statutes and league regulations, as well as two separate but interrelated bodies of law: the law of agency; and contract law. Once a professional baseball player-agent relationship has been established, an agent is considered a fiduciary of the athlete under the law of agency. The agent then has a set of legal obligations, referred to as fiduciary duties, which compel the agent to put the interests of the athlete ahead of his own interests.
Against this general backdrop of agency law, which applies to all agent-athlete relationships, the athlete and agent also operate under a contract that is specific to their relationship. The contract may be based on an oral agreement or handshake deal, or it may be memorialized in a written document, called the representation agreement or memorandum of representation.
Baseball and agreeing to a professional contract should never be about money alone. There are many variables that should be considered before signing a professional contract, such as; the organization and city where you will play, the needs of your family, and earning the opportunity to perform for a team. Below are my "five tools" of representation.
My "five tools" of MLB representation:
1. Fiduciary Duties
3. Joint Decision-Making
5. Investment Guidance