WarriorofTime
Registered User
- Jul 3, 2010
- 32,040
- 21,386
So even in the Allegations, it's clear Formenton is aware he had a Qualifying Offer and opportunity to accept/reject, he was given advice [common to the point in the industry where the opposite is almost unheard of] and chose to follow it.
An agent certainly does not need to specifically prove, they uttered or typed out "if you don't accept a contract, and then are not offered a different contract, you do not need to have a contract" to meet a high bar of proving they are not negligent.
This is pretty weak. "I wasn't told if I was under contract, I could sign an extension after that", like, OK? Were you also not explicitly told that if you signed the Qualifying Offer, you could attend Training Camp, use the team facilities, etc.? Did your Agent also not tell you that if you are involved in criminal conduct, it could hurt your negotiating power in future contracts? This certainly is not negligence.
Another thing that is super normal in Contract Negotiations with players coming off an ELC. Anybody familiar with these things knows how this goes from time to time. Lafreniere did not sign a 2 year-bridge extension until August 23rd. Again here it even says in the allegations that the agency was in constant contact with Formenton and guiding him through the process. These things eventually have a way of playing out where something eventually gives. Everybody knows exactly why it did not in this instance.
Being "wrong" is not negligent. Even putting aside the criminal conduct, if the agency said "they made you a Q.O., this is really more of a formality, typically players don't sign this, we expect a better offer will come based on your age, experience and level of production", Formenton follows that advice, but then Ottawa decides they don't want him anymore. That could be unfortunate, even bad advice, maybe really bad advice to the point where you should fire your agent, it doesn't mean you didn't fulfill your fiduciary duty.
Again, what does this mean? The Agent never explicitly said "hey by the way, if you're playing in Switzerland, that means you aren't playing in the NHL?" Should he also be saying "hey, if you play poorly next season, teams will be less likely to sign you to a big money contract"? "make sure you set an alarm clock, because if you show up late to practices/meetings, that could hurt your standing in the eyes of coaches, teammate, and management", "don't be drunk during games, that may affect your play and future contract negotiations". This isn't negligence.
Based on the allegations stated in the article alone, it's hard to see how Formenton has any sort of strong case. Even if he did, it's likely just for the value of the Q.O. rejected minus whatever amount he made in Switzerland for that season (looks like $125K).
Also look at the Agency in question, they represent Bedard, Karlsson, Marchand, both Tkachuk brothers. This isn't some rinky dink guy in his basement who doesn't know what he's doing being a Player Agent. It would be pretty shocking if they weren't performing the same perfunctory functions of being a Player Agent for Formenton that they do for every other Client they represent.
The reason Formenton doesn't have an NHL Contract is due to what happened in London that one night. Not because of who his Agent was, I can say that with approaching complete and total certainty.
