QUESTION NO. 1:

FACTS:

Jerry Maguire is an at-will employee of Sports Management, Inc. (SMI) and represents 100 of the 1500 clients the agency has. Mr. Maguire authors a publishing that he believes is a mission statement but is considered a memorandum suggesting that the business needs to be smaller, fewer clients, less money, more personal attention. Mr. Maguire is terminated seven days after presenting the writings to the entire agency. In the seven days before Mr. Maguire was terminated, Bob Sugar contacted all of Mr. Maguires 100 clients to have the clients terminate Mr. Maguire as their agent and/or representative and sign with SMI. On the date that Mr. Maguire was terminated by SMI, he learned that Mr. Sugar had been in contact with his clients and when he spoke to each client, 98 of them informed Mr. Maguire that they would stay with SMI, 1 (Frank Cushman) was unavailable by phone, and 1, Rod Tidwell, stated he would keep Mr. Maguire as his agent. Mr. Maguire flies to Texas to Matt Cushmans house, i.e. Franks father, to meet in person to keep Frank Cushman as a client. When Mr. Maguire arrived, Matt informed Mr. Maguire that they were keeping Mr. Maguire as Franks agent. Matt informed Mr. Maguire that he doesnt do contracts, but what you have is my word, and its more solid than oak. Frank Cushman is the top draft prospect destined to be the top pick by either San Diego or Denver. Matt wants Frank to play in Denver. Mr. Maguire attends all the pre-draft events as Franks agent and has begun negotiating with both San Diego and Denver. Mr. Maguire takes an hour break to give attention to Mr. Tidwell, who also attended the pre-draft events for publicity. During the hour break, Mr. Sugar meets with Matt Cushman and informs him that Denver does not want to work with Mr. Maguire. Frank Cushman signs a written contract with Mr. Sugar and SMI. Mr. Maguire learns of the written contract between Frank and Mr. Sugar and is no longer the agent of Frank Cushman, who is drafted first overall the next day. You have been hired to represent the legal interests of Mr. Maguire? What actions do you take on Mr. Maguires behalf? (Note: Breach of Contract, Intentional Interference with Contract have been discussed in class).