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Possible explanation on McElwain’s buyout

Posted on 10/30/17 at 10:59 am
Posted by rockiee
Sugar Land, TX
Member since Jan 2015
28540 posts
Posted on 10/30/17 at 10:59 am
quote:

McElwain’s ability to dispute Florida over the buyout is hindered because of his agent Jimmy Sexton’s ties with potential candidates. Sexton doesn’t want to battle Florida over collecting the entire $12.9 million buyout because he also represents Mississippi State’s Dan Mullen, a top candidate to replace McElwain, or could be involved in other future Florida hirings.

“Sexton won’t fight it because it’s not in his best long-term interest,” the source said.


SEC Country
Posted by thelawnwranglers
Member since Sep 2007
38745 posts
Posted on 10/30/17 at 10:59 am to
Doesn't Sexton have a fiduciary duty or some other legalese term to Butters
Posted by Chimlim
Baton Rouge, LA
Member since Jul 2005
17712 posts
Posted on 10/30/17 at 11:00 am to
Even Sexton can't stand McElwain
Posted by Topwater Trout
Red Stick
Member since Oct 2010
67589 posts
Posted on 10/30/17 at 11:00 am to
quote:

“Sexton won’t fight it because it’s not in his best long-term interest,” the source said.


sounds like a terrible agent for McElwain then...and why would he fight it and not an attorney
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64488 posts
Posted on 10/30/17 at 11:01 am to
The problem with this is that he still has a duty to serve his client. It's an interesting situation. He does have a duty to other clients, but these are unknown and not currently existing duties and he doesn't know which clients will Florida will be courting.

IMO, the explanation for the decreased buyout is because Florida has a case to fire McElwain for cause and to avoid the risk of McElwain getting no buyout, they agreed to a reduced buyout. This happens all the time actually.
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 10/30/17 at 11:02 am to
Jim's ability to dispute Florida is hindered because he lied.













And also fricked a fish. But mostly the lie.
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 10/30/17 at 11:02 am to
quote:

McElwain’s ability to dispute Florida over the buyout is hindered because of his agent Jimmy Sexton’s ties with potential candidates. Sexton doesn’t want to battle Florida over collecting the entire $12.9 million buyout because he also represents Mississippi State’s Dan Mullen, a top candidate to replace McElwain, or could be involved in other future Florida hirings.

“Sexton won’t fight it because it’s not in his best long-term interest,” the source said.


Well, this would be what we call "illegal".

Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
118943 posts
Posted on 10/30/17 at 11:03 am to
I don't understand coaches or players who get agents. Hire an attorney to negotiate for you.
Posted by BobLeeDagger
In Your Head
Member since May 2016
6907 posts
Posted on 10/30/17 at 11:04 am to
That's pretty dumb.
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 10/30/17 at 11:05 am to
You dont think McElwain will fight it? Sexton isnt the end all to to conversation, he works for the coach, not the other way around
Posted by BobLeeDagger
In Your Head
Member since May 2016
6907 posts
Posted on 10/30/17 at 11:06 am to
Lol a lawyer would cost twice as much
Posted by SummerOfGeorge
Member since Jul 2013
102699 posts
Posted on 10/30/17 at 11:06 am to
I just can't buy that. That's fiduciary malpractice if true, and at the very least would be a giant red flag to any client of his who isn't Nick Saban or Urban Meyer.

My guess is what lsufball19 said. McElwain's camp thinks Florida has a good chance of firing him with cause (or at least enough of a case that it will tarnish him going forward when it plays out in public). Florida feels good about what they have but isn't 100% sure it can fire him with cause and doesn't want a prolonged legal battle that drags them through the mud..............so both sides negotiate and get to a point where both walk away and move on.

Like lsufball said, that's how these things almost also work when the relationship is clearly over but both sides want to avoid something (generally involving public opinion/relations). When every email and detail is brought into light generally nobody wins.
This post was edited on 10/30/17 at 11:10 am
Posted by rockiee
Sugar Land, TX
Member since Jan 2015
28540 posts
Posted on 10/30/17 at 11:12 am to
quote:

The problem with this is that he still has a duty to serve his client. It's an interesting situation. He does have a duty to other clients, but these are unknown and not currently existing duties and he doesn't know which clients will Florida will be courting.


100% agree and I also think there are more factors than just this. Sexton isn't dumb.
Posted by rockiee
Sugar Land, TX
Member since Jan 2015
28540 posts
Posted on 10/30/17 at 11:14 am to
quote:

You dont think McElwain will fight it?


If he doesn't then that is really telling on who had the leverage in the negotiations.

Just to be clear, I didn't post this because I thought it was the whole story. Just thought it was interesting that this was something that was floating around.
Posted by AllbyMyRelf
Virginia
Member since Nov 2014
3319 posts
Posted on 10/30/17 at 11:15 am to
A lot of agents are also attorneys
Posted by rockiee
Sugar Land, TX
Member since Jan 2015
28540 posts
Posted on 10/30/17 at 11:16 am to
quote:

at the very least would be a giant red flag to any client of his who isn't Nick Saban or Urban Meyer


And Mullen if you believe this theory is the whole story.
Posted by TheRaid
Currently Living in South Alabama
Member since Jan 2013
1304 posts
Posted on 10/30/17 at 11:16 am to
SummerofGeorge is right.

A former player said that there are several things Mac doesn't want to come out because he has screwed up in other ways as well before the lie about death threats.
Posted by rockiee
Sugar Land, TX
Member since Jan 2015
28540 posts
Posted on 10/30/17 at 11:16 am to
quote:

A lot of agents are also attorneys


Wait, was this something that many didn't know?
Posted by AllbyMyRelf
Virginia
Member since Nov 2014
3319 posts
Posted on 10/30/17 at 11:18 am to
Apparently I have no idea if Sexton is or not though
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64488 posts
Posted on 10/30/17 at 11:18 am to
quote:

A lot of agents are also attorneys

Most agents are. And their ethical obligations as attorneys aside, agents cannot act out of their own self interest for future clients at the expense of their current duties to their existing clients and regarding current duties with those clients. Sexton has been doing this a long time. he is not going to risk committing pretty serious offenses over one commission.
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