Thank you for being with us through lesson five. We're going to wrap it up by asking some important questions after hearing from Chris Knowinsky in the sports legacy institute. Ricky, thanks for being with us again, we have Ricky Valante. Ricky, this is a tough one. What do you say to Dan Marino? Should I join the concussion litigation or not? Very publicly in and then quite quickly they're after very publicly out. You're managing his brand. What do you say? Why in? Why out? >> Well, in terms of why in, Dan Marino obviously wants to protect himself, for life after retirement. If he's gained too many concussions throughout his career and has the inability to be able to continue to do things with his life. You obviously want to have a source of income somewhere. And this exact litigation movement is to allow those players to gain the medications and things that they need. For this post-concussion, syndrome and things of that nature. Now, on the other side of things, why out? Well, you don't want to bite the hand that feeds. Dan Marino obviously is very synonymous with the Miami Dolphins. He's very recognizable within the NFL, and being not only in the suit, but being a named member of the suit. You're really taking a stance against the NFL. Against the Dolphins and things like that. Which clearly was a step he was not ready to take. And didn't realize that he would, in the case when he became a named member and then dropped, from the suit very quickly. >> From a legal standpoint, we asked Chris Nowinski who's not a lawyer, what about assumption of risk, what about the waiver of that claim, doesn't that collective agreement which we've talked about before limit him to recovery under the collective agreement. >> Well, after listening to Chris, my opinion might change a little bit on that the public perception is that they did assume the risk, that they knew that head injuries we're a result of playing in the NFL. However, the symptoms and things that might follow those concussions and things of that nature, maybe they didn't necessarily know, it's not, again as Chris discussed it's not a physical pain necessarily that you feel. Do you really even know that you had the concussions? Maybe they were just minor ones that just rolled snowballed into Post-concussion Syndrome. From a legal standpoint, do you think, the concussion plaintiffs will have to establish fraud, fraud in the inducement, material misrepresentations as what's been alleged. Assuming the settlement goes away, and those who opt out of the settlement, will they to make those kinds of showings to get past the collective agreement? >> Well, to reach a ruling in their benefit then yes, they would most likely have to proof fraud or intentional misleading on the part of the league, there have been suggesting that there were reports out there that were hidden by the NFL and if they are able to uncover those and prove those in court, they may be able to gain those hearing. Gain those rulings, then. >> Yes, get past the motion. So, let's stay with somebody who's still alive but has filed all these suits, and that's Jimmy McMahon. Let's go to the next one. Oh, you overmedicated me so I could return to play sooner than I should have. What kinds of legal hurdles exist there? Now we're talking more about the team doctors, perhaps. Well, in that case, I think that McMann would have a much better opportunity because if he was being told by doctors, to medicate in these matters, that is the professional. Obviously, Jim McMann was not, did not know what was necessary for him to recover from these symptoms and if a certified doctor is providing him with those prescriptions and being told to take them, then he certainly has a case for overcoming the assumption of the risk at that point. >> You had terrible examples. Thanks, great answer. But we've had examples of players like Jim McMahon, who get to the point where he doesn't know what day it is. Doesn't really know who he is or how to get from point A to point B. And then these people, Dave Duerson, being one of them, for the former Notre Dame. A captain, very successful business person. Ultimately commits suicide and leaves a note saying, please don't let anybody else, don't let this happen to anybody else. You talk about Junior Seau. Same sort of thing, where the depression just leads to to tragic suicide. So in counseling a McMahon, who's maybe at that pivot point. What should an attorney agent say? What kinds of support systems should they put in place, for Jim McMann? Again just talking from a best practices standpoint. >> Well, as the agents have said that we've discussed in previous interviews, at that point in a player's career the player and the agent should have more than just a professional relationship. At that point there, is going to be a friendship, by after working with each other for so long on such important matters within your lives. And so at that point, you would hope that the agent and the attorney would put in the support system that you're talking about, helping them to seek the medications they need, helping them to seek the counseling they need. Putting in that, entire system, working with their families and things like that, to make sure that it doesn't become to the tragic level that we've seen with, in the cases like Junior Sayoe. >> Is it ever appropriate, from what you learned in this course that you starred in, to withdraw from a representation at that point if the athlete won't listen to you. >> Well, obviously that's a major step at that point. But the every relationship there is an end point, there is somewhere where you have to draw the line. That if, you're no longer getting through to them, then it may very well be the case that you should allow them to move on and hopefully the next person will be able to help them out. And as we teach in the course, from a prophylactic attorney agent relationship, what would you put in writing as you withdrew. >> Well I would obviously want to protect myself in every way, shape or form. I would want to say that, I would want to show that we tried our best in our best efforts to put together a support system so that in the event that that the tragic outcome came that nothing could blow back on you. >> Thanks Ricky. Another set of great answers. We hope this rather difficult question and answer period has helped illuminate a rather dark area, in representing the professional athlete. We feel we have to go through it for you to understand what it is, to represent a super star athlete on the other side of his career. When he's dealing with career ending injuries and perhaps life threatening damages. So, we'll wrap up this lesson five and start lesson six on a happier note, we move to the wonderful world of golf and tennis, the long life that's usually not impinged by injury or disability, although sometimes it is, and we'll ask at the end of lesson six. Which sport and which athlete and which sport would you want to represent and why across the wide spectrum of team sports and individual sports including golf and tennis? So please stay with us, as we finish lesson six with golf and tennis professionals and a long evolution of their professional career, that can span 30, 40 or more years. And thanks for your attention. [MUSIC]
