Canadian Lawyer 4Students

Spring 2009

Life skills and career tips for Canada's lawyers in training

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February, nine general managers (includ- ing Brian Burke, the new hockey boss of the Toronto Maple Leafs) and 15 assistant general managers across the 30-team NHL have law degrees. "I think that gives some indication of the legal presence in the in- dustry now," says Don Meehan, who repre- sents more than 100 past and present NHL players, from superstars Wendel Clark, Jarome Iginla, and Chris Pronger, to Sean Avery and Todd Bertuzzi. According to McGill grad Meehan, it was a much different story in the early 1980s when he walked away from a promising career as a corporate lawyer with Toronto firm Blaney Pasternak, (also where now-disgraced hockey agent Alan Eagleson worked when he orga- nized the 1972 series between Canada and Russia) and opened a player agen- cy, Newport Sports Management Inc., with fellow agent Pat Morris. "My mom cried when I told her," recalls Meehan. "But I did corporate law and realized I didn't have passion for it [and] I loved the sport of hockey and I wanted to get involved. I was true to myself." Instead of trying to attract established players, Meehan approached young up-and- comers like Pat LaFontaine, who signed with Meehan on the eve of the 1983 NHL entry draft when he was third overall. Thanks to "absolute dedication and hard work to build up a clientele — and some luck," Meehan says his client base grew quickly after that, with him regularly negotiating contracts. "Back then," he says, "it was usually just two people — me and the GM — and I don't think any of them were lawyers." That arrangement worked fine, he adds, at a time when top first-year players could earn only $60,000. Everything has changed with the advent of hard-fought collective bargaining agreements, free agency, and sal- ary caps that allow each NHL team to spend up to $56.7 million in the current season. "In the current entry-level system the maximum you can earn in signing bonus and salary is $900,000, but you can actually get up to $4 million (with other bonuses)," says Meehan. Like in other pro sports, the amounts of money now involved in professional hock- ey, together with the growing complexity of player contracts, has created both a need and an opportunity for legal representa- tion on all sides — teams, leagues, players, and their union. "As a player agent, you touch on almost every discipline or area 8 SPRING 2009 of law you can think of: contracts, anti- trust, judicial reviews, arbitration/me- diation, dissemination, immigration, tax laws, criminal — you name it," says Gor- don Kirke, a longtime professor of sports with pro sports or players, or deals with them indirectly through advertising or sponsorship agreements. "I don't counsel trying to start out on your own," he says. "Like with anything, you need to learn the skills and make yourself known." Don Baizley agrees. A Winnipeg lawyer I HAVE ABSOLUTELY NO REGRETS. THIS IS AN INTERESTING AND UNIQUE JOB. AS A LAWYER, I CAN'T IMAGINE MYSELF DOING ANYTHING ELSE. — Daniel Ages, in-house lawyer with the NHL law at both Osgoode Hall Law School and the University of Toronto. Kirke has rep- resented several pro sports teams (notably, he drafted the original documents that created the Toronto Blue Jays in 1976, and is still the club's counsel) and pro athletes. The latter include 45 NHL players, the first of whom was Eric Lindros. According to Kirke, the world of pro hockey is "absolutely a growth field" for lawyers, provided they are both prepared and patient. "The industry is looking for and needs skilled lawyers. You need to make yourself a good lawyer, and not just at drafting contracts and understanding tax laws. You need to bring some added value to the table by learning skills that you can apply to the hockey industry." To do that — and to find out if it's really what you want to do with your legal career — Kirke recommends getting as much exposure as possible to the industry, whether as an intern with a firm that is involved directly 4STUDENTS who was doing mostly personal injury work and arbitration when, by happen- stance, he became the agent for the first Swedes to play in the NHL — Börje Salm- ing and Inge Hammerstrom, who togeth- er signed with the Toronto Maples Leafs in 1974 — says the world of pro hockey has become as competitive off the ice as it is on. "The business model has changed completely," notes Baizley. "It's become a very competitive business with clients from around the world. Player agents and agencies that offer really comprehensive services are recruiting and bidding every- where now." As a result, Baizley tells young lawyers there are many opportunities for legal advisers in sports, "not just repre- senting players, but with teams, leagues, media outlets, facilities management, the Olympics — they're all in realms that are sports related. If you get in there, you'll get exposure and the chance to meet people in the business. After that, it's all up to you." For hockey lovers, the rewards can be rich. There are interesting company matters like team sales and financing; advising on and administering collec- tive bargaining arrangements between teams, players, and referees; related mat- ters like salary arbitration hearings and trades; international relations with other leagues; and player transfer agreements. In addition, Ages gets to see a lot of NHL games. "There are some challenges, like getting calls sometimes from irate GMs at 1 a.m., or reading about your successes and failures in the papers every day with no shortages of opinion from people," he says. "But it goes with the territory — and I wouldn't want it any other way." When asked by law students or young lawyers how they could get into a pair of shoes like his one day, Ages tells them to focus on getting the best education and the most experience they possibly can. "I now realize that people sometimes end up in hockey by the most unlikely circumstances," he says. "The trick is to work hard, keep your eyes and ears open, and be ready to seize an opportunity when it comes along."

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