"This would be a real hard sell," Haagen said. "It's going to be really difficult to explain what the interest of the league is."
But both sides would have to be willing to fight a long battle. Longtime NFL agent Ralph Cindrich, who played five NFL seasons, said Clarett had better consider several factors before pursuing this through the courts.
"The lawyer in me says that the NFL is vulnerable on this issue," said Cindrich, who counts Miami Dolphins quarterback Brian Griese among his clients. "But the practical side says, 'What can I win? What is it going to take? Where am I going to get the funds?' "
Haagen said Clarett must consider time. Unless he and the NFL can agree to a summary judgment, meaning all parties agree on the facts of the case then allow the court to rule, Clarett would have to wait for a trial. That could be dicey because he's trying to be available for the 2004 NFL Draft in April.
But the league wouldn't be without risk, either. If the courts overturn the rule, they would also subject the league to anti-trust laws, which would require the NFL to pay for Clarett's lawyers and court costs, said Robert Berry, professor emeritus at Boston College and a visiting professor at Capital University Law School in Columbus, Ohio.
"Also, any damages which he has incurred, such as lost job opportunities, would be tripled," Berry added. "So they're facing very substantial damages. However, it's not as substantial as they've faced in other types of litigation."
Other plaintiffs could join the fray as well, said Berry, who understands this case intimately. In 1987, he represented Cris Carter when he was declared ineligible at Ohio State for taking money from agents. At the time, the NFL rule said players had to fulfill their eligibility. Berry petitioned the NFL to allow Carter to be available through the supplemental draft.
Carter was selected in the fourth round by the Philadelphia Eagles, but he lost money because he would have been a first-round pick in the regular draft, Berry said. "I wouldn't be surprised if the same thing happened to Clarett," he added.
Wanna bet this is what happens with Clarett? Best solution for both parties.