How to use this Page

Since my mind likes to go into the what-if scenarios even though I haven't sought an agent yet, what if that agency eventually goes out of business, or your particular agent switches agencies? My guess would be that in the former scenario, you won't owe the agency anything (although I could imagine it going either way), while in the second you might still have to pay royalties.

How flexible are agencies in general on their standard contracts? If we want that clause removed before we sign, will they say "go find an agent with a contract you like better" or will they negotiate?

How often do authors request to see the agency contract (for comparison with other agents they received offers from) before they accept the offer of representation?

Both Robin and Kristin asked very good questions, and I was wondering the same thing. I would very iffy about signing a contract that has that clause. I want to know if it could be changed, or if I would be the one having to change...to another agency or whatever.

Informative post, as always.

Wow. I had no idea! Thanks.

This is really useful to know. What are your thoughts on "in perpetuity" in general? I imagine you had your reasons for leaving this out of the standard NLA agreement. On the one hand, I can see why agents might want to maintain this right -- especially if they contributed a lot of leg-work to getting the book out there in the first place, perhaps they should continue to be credited for that work. On the other hand, it's the author's book...

And yet another question you've given me to add to the list of question to ask an agent. Could you just do a blog post listing all those questions we should ask agents that non-savvy-contract-people know nothing about? Good grief, one of the reasons I want an agent is because I'm contract-idiotic. I didn't know I'd have to comprehend the agent contract aside from their commission rate!

Feeling boggled.

At this point, I'm not I'd ever employ an agent. I'd be more likely to run any publishing contract past an IP attorney instead. But if I do employ an agent, an "in perpetuity" clause would be a dealbreaker. The rights in my work belong to me, not anyone else.

Definitely a tidbit worth remembering! Though I'm sure I'd read over the contract carefully beforehand, I'm not sure I would have realized the implications of that particular bit right away. I'll definitely keep my eyes open for clauses like this.

Interesting. I didn't realize this. How would you feel if one of your authors did publish their book digitally?

Anyone who doesn't ask to see the agency agreement before they sign with an agent is an idiot. I'm quite certain that agents get this request all the time and everything is negotiable. If not, do you really want that agent? It's my understanding that the big agencies are much less flexible, but the boutique agents have more leeway. I do not have a contract with my agent. Our relationship is spelled out in our publishing contracts and I've had the clauses reworded a few times at the request of my attorney. My agent has always been more than fair in this regard.

Could also be viewed as "boiler plate" language and tossed out as invalid...depends upon the agency/publisher and whether they are known for not publishing an author if they try to negotiate their contract, etc.

Of course it's best to read anything before you sign and to try to negotiate. If they reject your changes you would have a stronger case...

It seems that 'forever' really is forever.

Honestly, I have to agree with the people above who say you are a fool if you signed something like this.

Kristen is not everyone's agent. Not everyone in the world is so free with this info - in any business.

In business (and if you are looking to publish, you are getting into business) you have to CYA. If you do something stupid it doesn't make the agent or publisher evil.

It just makes YOU stupid.

Take responsibility for what you do and what you sign. Remember that no matter how much your agent or editor loves you, you love you more. Be professional and fair, but look out for yourself first.

Thank you so much for posting this. I had an offer from an agency, and asked to have the 'perpetual rights' clause changed in their contract. After I asked, they rescinded the offer. I was devastated, but even though I'm still seeking representation, I know I was right to ask. If that was the deal breaker, then probably it was for the best. The Authors Guild recommends against this clause and calls it 'non-standard'. Check out their website. Again, thank you Kristen for pointing out this issue.

Often there's no written contract between an agent and an author -- until the agent makes a deal with the publisher, that is, and slips a paragraph concerning the agency's rights into the contract. How many authors ask to see that paragraph, before they sign on with an agent . . ?

Thanks for clarifying the "In Perpetuity" issue for us writers. Keeping that in mind. Hope you get a chance to relax for a bit this weekend, too.

People should really read and understand what they sign, if they can't on their own, then by seeking somebody's help...

Thank you for a very interesting article :)

Definitely talk to a literary attorney if you have any questions about this.

I have some doubts as to whether all agency agreements would cover self-published sales, depending on the language of the agreement. In a world that didn't contemplate self-publishing being lucrative, I'm guessing at least some agency contracts were drafted narrowly enough to escape this.

So check with someone first.

And also--always remember that contracts can be negotiated after the fact, so even if you are stuck with it, go talk to your agent and ask them if they'll agree to a modification. Can't hurt to ask!

I am surprised this particular practice survives at all, much more that it is as common as you suggested, Kristin. Regarding e-books, it might put an agent in the peculiar position of having to argue that an agency agreement cover e-books, while simultaneously arguing that similar language in a publishing agreement does not!

The Author's Guild is far from alone in condemning interminable agency clauses. Writer Beware, the SFWA and RWA and others rightly condemn them. As you did yourself very capably in your September 19th 2006 post READING THE FINE PRINT. Your commenters at the time had an interesting debate for and against a blacklist of agencies with such clauses. The clause has presumably gotten much more common since then.

It's bad enough writers must employ agents to police unfair publishing contracts, but it seems we need Intellectual Property lawyers to police unfair agent's contracts! Now, who do we get to police the IP lawyers?

This is one contracts post that's getting its share of comments. :-) See, Kristin, we really do like these!

*gulps and goes off to add to list of icky things that crawl into contracts*

Sneaky! The thing is, as a writer, you're expecting the agents to watch out for things like that for you on the publishing end. You're not expecting them to do it to you!

I find it odd sometimes how the different blogs I read at some point end up discussing similar topics at the same time.

Only a couple of days ago I read this post by Tess Gerritson, about authors who want to know if they should change their agents.

Unfortunately though, I think it's a fact of life that many people do start looking for the 'next best thing' while their with their 'current best thing',whether it's agents, partners, jobs, or careers.

You don't have to be a starry-eyed romantic altruist to recognize the value of the Golden Rule. Not only does "doing unto others [etc]." make the days go by faster and more pleasantly, it's just flat-out the only practical way to work with other people.

Thank you so much for the reminder!

Someone should have told this to John Edwards. Seems to me that advice can apply to marriage as well.
What would make an author want to switch midstream? What if the author feels the agent is not representing him/her in the best manner? Is there often a clause in the contract that states under what conditions the contract can be dissovled?

Would an agent be expected to tell his client that he's "considering" leaving his current agency prior to actually accepting a role with another agency? I don't think so, for many obvious reasons. Therefore, short of a conversation about the concerns the client is having to see if things can be worked out, I don't know why an agent would expect a client to tell him that she's "considering" leaving his representation until the decision has been made.

Authors have an expectation that their agent would act in a professional manner at all times. Why wouldn't an agent have that same expectation of thier client.

One would expect some clear communication lines between an author and their agent. Sure, things may go astray from time to time, but an author needs to communicate his/her goals and any concerns to the agent.

Concur with the post. Be professional in what you do. You'll likely be remembered for the wrong reasons otherwise.

JJ

I agree with you on all your points. I would imagine that some authors are afraid of not finding other representation and that fear pushes them to try and do things on the sly. They want to be sure that they will have another agent to work with before they sever their relationship. It's not the best way to go and it is very unprofessional but I can certainly understand how some would do it.

I changed agents recently myself. I was very apprehensive about it at first, but I got some good advice from other authors who had done it first. And I agree you MUST sever ties with your current agent before seeking new representation. I did so by writing my agent a formal letter stating the reasons for wanting to walk away, and also thanking him for his work over the years. He already knew I was dissatisfied with him, so nothing in the letter would have been news to his ears. Still, he was sorry to see me go, but he was very professional about the whole thing and even helped me transition things over to my new agent (which I landed within two weeks of firing him). Since he only sold one book of mine (a big reason I canned him) it was easy to make that transition. He will still receive commissions on the one book he sold, as he should.

I know some authors are scared they will never find a new agent if they fire the old one (I was) but I found I had a lot of interest from top agents almost immediately based on my one sold book, and had multiple offers of representation to choose from in short order. Indeed, everyone I know who has changed agents has similar stories. So, if you think it's time to fire your agent, I would go ahead and take the plunge. As Kristin says, though, do it professionally.

Myabe one of the commentors can answer this?

Why is it considered bad (as stated on the post) to attend RWA or other conferences by your agents hospitality if you are considering leaving them?

Huh? Why is it assumed it's your agents hospitality that got you there -- did she pay the entry fees and set you up in a hotel? Do writers suddenly need their agents permission to attend a writing venue that is open to all?
Apparently I'm not reading this correctly. Anyone?

An aside: sometimes when breaking up with an agent, that agent has screwed you over big time -- not big enough to be reported to the Preditors & Editors site, but big enough that frankly you don't care if their feelings are a little hurt by looking elsewhere before sending the termination letter. I always try to play by the rules, and didn't query others until I terminated my contract with a previous agent. BUT I later found out she was treating other clients in the exact same manner, and they were leaving in droves too. So it wasn't our personalities clashing, she was just plain mean. I shouldn't have given the agent the benefit of the doubt.

Am I the only one who finds it ironic that it’s unprofessional for an author to explore his/her agenting options without notifying the existing agent, yet it’s just chalked up to a ‘small world’ when agents ‘filter’ information on an author’s inquiry to one another?

An agent’s interests are protected regardless of how many other agents an author is talking to, that’s what the agency contract is for, to ensure that they continue to reap the rewards of the work they’ve sold and rights they will sell. So who’s really the one who benefits from this so-called ‘etiquette?’ The author who can’t, in good faith, explore career options and make informed agenting decisions before deciding whether or not to leave, or the agent, who in essence gets to ensure his/her ego isn’t bruised in the process even though it has no bearing on his/her ability to continue being paid according to the contract?

I don’t believe I’d want to be represented by someone who chose ‘filtering’ over discretion and professionalism. An agent willing to throw an author under the bus isn’t someone I’d want to have in my court. This is a business, not a sorority or fraternity, and professional standards apply to agents as well as authors. As long as the author isn't making career plans with one agent while being represented by another, which isn't simply unprofessional but underhanded as well.

I guess until the balance of power shifts in favor of the author agents will continue to expect authors to live in their ‘small world’ instead of the real world, where pursuing career alternatives aren’t considered ‘furtive’ or unprofessional but simply doing business.

It's funny because agents will tell authors "Terminate one agent before querying another".

Authors will tell other authors "Find another agent before you let the other one go."

Not for posting, just a copyediting comment. In the next-to-last graf, "beyond approach" s/b "beyond reproach." Thought you might want to correct that.

Beyond reproach not beyond approach I think....

(sorry- I've been editing again)

Every business requires professionalism: business, publishing, etc. All should be treated as seriously as the other.

Anon 8:20, Kristen has no trouble with a client attending RWA, just with a client on their way out the door attending an agent-sponsored event. Some agents spend a lot of money on cocktail parties or dinners or sight-seeing excursions for their clients--I can see where it's not exactly good form to make your agent spend a bunch of money on you and then walk away.

anon 8:20
I believe the post reads: "nor should that author be availing him/herself of the current agent’s hospitality by attending agency functions at RWA or Worldcon."
Note the words "agency functions". I doubt Kristen is saying authors can't attend conferences without agency permission, only that it's rude to attend functions sponsored by an agency the author intends to leave.

This all comes down to the Golden Rule, Karma, Miss Manners, and any other behavior guides you adhere to.

If your agent is not doing right by you, why in the world would you want to hang onto him until you find another? If your agent IS doing her job, why go looking for another? I can only say, anyone who thinks this would be acceptable behavior is not someone I would want to date- or do business with.

elissa m:

So I'm assuming you've never started looking for a new job until you've told your current employer you're quitting? If you're not sure the grass is going to be greener, why would you say you're leaving when you're not even sure you want to leave? How are authors expected to choose a relationship with an agent - and know which one is right/better/improved - unless they've talked to a few? What about when your agent isn't a nightmare but you're just not sure it's still the best fit?

It's not about professionalism, it's about the tone and manner of what you're doing. Screaming from the rooftops that you're in the market for a new agent while your current one happily works away assuming all is well? Probably not smart, even verging on rude. Contacting a well defined and very limited number of agents you might be interested in working with because you're curious if things would be different with someone else? Sounds fair to me.

Just to throw in the other side of the coin:

I recently attended a conf. where a big name, nationally best-selling author spoke about being STALKED at conferences by an agent interested in representing her, even though she already had an agent.

Well, when she started writing in a new genre that her then agent wasn't interested in, she gave the other agent a call and now has two agents.

I thought that was kind of interesting.

Being wined and dined on Friday nights by agents at RWA National is a big deal. Seeing those lucky folks being escorted out to dinner at a fancy restaurant on the agent's tab makes you feel like the "in" crowd.
Anyone who plans to leave their agent and accepts their hospitality on the verge of doing so proves what they are.
Not worth it.

"Authors will tell other authors "Find another agent before you let the other one go.""

---THIS IS NOT TRUE. I consulted multiple well-published, well-repped authors who had changed agents before I fired my agent, and they ALL told me to fire the first agent before querying another (simply because most reputable agents will not speak to you until they know you are free of the former agent.) And since the new agent will have to take over selling unsold works from the old agent, the new agent wants that transition to go smoothly (which it won't if the agent is pissed off about how he/she was fired unprofessionally).

Agents get fired all the time, it's all part of the business. Most handle it with grace and decorum, provided the author does too. And if the fired agent acts like an ass, that doesn't give the author carte blanche to act like an ass too.

I want to preface this by saying I really love your blog and this is in no way meant to be smarmy, but...

It seems to me that a lot of agents who blog consistently complain about nefarious authors who do this or that. Granted, it is your prerogatives to blog about whatever you choose and my choice to read it but I have noticed an upswing of late in a collective venting over what we as author's do that so frustrates your lives.

You remain the gatekeepers to this business and the ones with the power to quell a great deal of hopes and yet on so many of these blogs I read I keep seeing how agents are being wronged in some way. yes, the author(s) in question are behaving childishly and rudely but I can't say that I have found agents to be pervasively professional or polite either. There is (my perception) a bit of an attitude out there toward the new author that, if not condescending, is often a bit aloof.

Yes, you are all very bust people, yes, you have to deal with authors, but the lot of us trying to get published or already published are not always having the easiest time time dealing with the vagaries of the industry from our end.

I just feel that there is too much attention being garnered on these blogs about how difficult oine aspect of the relationship is without hearing about the other end's trials that are often made more cumbersome by those in your profession.

I don't know who the authors are or why they did what they did but I suggest it might be possible that after a great deal of unanswered messages and lackluster enthusiasm in selling a given author;s work said author doesn't feel they have to be so high minded in ending a relationship.

"Am I the only one who finds it ironic that it’s unprofessional for an author to explore his/her agenting options without notifying the existing agent, yet it’s just chalked up to a ‘small world’ when agents ‘filter’ information on an author’s inquiry to one another?"

Amen, and amen.

Yes, of course it's common courtesy to communicate with your agent first if you're displeased or dissatisfied enough to be considering leaving. However, it also seems to me that if the agent hears "through the grapevine" that a client is thinking of leaving--and he or she is truly clueless as to why--then the onus is on the agent to make the effort to communicate with that client...not to get pissed off. Clearly, if someone who's hired you is about to fire you, you owe it to yourself to know why, and if you can do something to repair the situation.

But for agents to feel free to "share" that information with each other? To, in effect, engage in what could (and probably does) quickly become malicious gossip and consider that a "professional" way to do business?

Boggles the mind, it does.

Janny

Point #2 about attending agency sponsored functions when you're planning to leave seems to be a bit touchy. In my (non-publishing) daytime career, attendance at certain social events has been expected, if not practically required. To not show without a darned good reason would make tongues wag and bosses raise their eyebrows, and gets you a reputation as not being a "team player". So, even if you're job hunting and are *this* close to getting an offer from another company but you don't actually have that offer in hand, you don't just blow off your current job, or fail to make nice with your current boss.

Would authors know to assume differently? If their agency invites them to a party or dinner (and how far in advance do they have to respond), they should only come if they are still madly in love with their representation? And what do the agents assume if their authors don't show?

I know that an agent is not a writer's "boss", but it may feel that way as the agents have some measure of control over whether the author gets published and paid.

I think it all comes down to the kind of agent you're trying to leave. One who offered me representation a few years ago routinely badmouths those who fire her, and she does it to anyone who will listen, including prospective clients. That was one of many reasons I decided she wasn't the agent for me.

We're not talking some Barbara Bauer type here, either. This is a (supposedly) reputable agent who makes decent-sized sales, is a member of AAR, goes to RWA conferences, the whole deal.

If I had signed with her and later found myself in a position of needing to sever the relationship, I definitely would've needed to look for agents outside her circle of friends.

So I'm assuming you've never started looking for a new job until you've told your current employer you're quitting?

You're looking at the author/agent relationship as though the agent was the author's employer. In reality, it's really the opposite: the agent works for the author, not the other way around! The fact that the agent decides which authors to work for doesn't change that equation. (You get to decide which jobs you'll take, right? Does that mean you're employing your employer instead of the other way around?)

Therefore, an author looking for an agent while represented by someone else isn't like employee looking for another job, but like the EMPLOYER looking for someone to replace an employee without firing said employee (or at least putting him/her on notice) first. And I think most of us would agree that would be a pretty underhanded think for an employer to do!

Now, if the agent is doing a poor job of representing the author, then the author absolutely has a right to hire someone else. But he/she ought to fire the person holding the job before going out and looking for a replacement. That's just the ETHICAL way to behave, whether it's comfortable or not.

I have a lawyer. He does not expect me to fire him before I investigate other lawyers or interview them. Same with my accountant, and any of the other people I use for service or consultation.

So this "client professionalism" is not a universal business professionalism, but one constructed by agents for their own benefit, I think.

On the other hand, authors should communicate their unhappiness to their agents, and not allow things to fester to the point where they may jump ship when it may not be necessary.

And ideally authors would not treat agents as stepping stones. I know of authors who left the agents who discovered and first sold them, for no other reason than their friends insisted they needed a "bigger" one now. The first agent did a good job, got great contracts, the relationship was excellent, but the siren song of a "bigger" name lured and they bolted.

It is hard to enforce this non-rule rule when so many agents are more than willing to talk to authors before those authors leave their current agents. It is not a sign of whether they are reputable or not either. It is common. So common that I suspect the agents who still believe this rule exists are in the minority.

As for agents behaving badly---- many agents do not wait for authors to come to them. They troll for lucrative contracts. If an agent goes out of her way to introduce herself to an established author, there is nothing wrong with that. The author knows the subtext without it being spoken. Again, this is typical business practice out there in the real world.

On the other hand, there are agents who cold call and essentially say "I can do better for you." Kristin knows who they are, many authors know who they are, and it crosses the line from networking to poaching, in my opinion.

Janny said: "But for agents to feel free to 'share' that information with each other? To, in effect, engage in what could (and probably does) quickly become malicious gossip and consider that a 'professional' way to do business?"

Anon 9:05 here again. Yes, Janny, the badmouthing agent I mentioned definitely engages in that kind of behavior. I don't know to what degree the rest of her agent friends are like that, but my experience with her was enough to make me reluctant to query any of them. It seemed very unprofessional, even toxic, to me.

Kristi also made a good point that _not_ attending an agency function can be just as bad a move as going and then firing the agent not long afterward. The same agent I've been talking about holds grudges for _years_ if her clients don't dance attendance on her.

I consider the whole experience a lesson well learned, and I'm grateful I came out of it with no lasting career damage. A lucky escape, truly.

anon 1:47
If you really care, no, I haven't interviewed for a job without informing my employer I was leaving. I don't accept employment I don't want. I never wonder if "the grass is greener". I've had jobs I didn't like. I even took a job once after telling the offering employer I would only work for six months, and I left after six months exactly. Maybe my sense of honor is different from yours.

Hi, I'm Kim. That, on the other side of the room, is a ten foot pole. Have a good weekend!

1. An established, already agented author should not be shopping for a new agent without formally ending the current representation.

I remember when a whole bunch of actors went from CAA to William Morris. It caused a stir. It's undeniable that these actors had NOT conferred with CAA before making the leap, and there were meetings going on all along. Their departure meant one thing: They got a better deal somewhere else. It also meant they weren't being handled the way they wanted to be at the old agency.

I think, at best, your expectation is QUAINT and has nothing to do with business. Believe it or not, you might do a lot for a writer, but you are never a friend. You're a business acquaintance who happens to know a lot about the person you're handling but as long as money and more specifically, money is being made, it's best to understand the division that has to be in place.

You might not like the comparison between actors and writers, I think you have to realize in this day and age of emailing, cell phone calling and DHL, I'm afraid "shopping" is inevitable.

Better advice: If you're an agent and you want to keep your client, act like it.

I agree with some of what you're saying. But not the first point.

I recently left my first agent, who I still love dearly as a person. And I did talk to other agents while I was still represented by her. Why shouldn't I? I want to know what other agents offer. Maybe it's just a case of "the grass is always greener on the other side" , but I won't know that until I talk to other agents.

As it stands, I spoke with a couple of agents before severing ties with my first one. I wasn't offered representation by any of them, but I learned more about what is out there, and about what *I* need in an agent. I've left my original agent, and still have not signed with another, but thats because I'm still trying to decide what the right step is for me, and I don't feel it's fair to anyone to hang on to an agent when I'm unsure of my own direction for the future.

Things change, people change, and careers change.
I think it's very unfair to say an author has to sever ties with one agent before shopping for another. This is a business, and in business, if your needs aren't being met - for whatever reason- you find a way to get them met.

"I think, at best, your expectation is QUAINT and has nothing to do with business."
Right on!!!!!!

Thank god someone pointed this out, I was beginning to think everyone thought along the lines of those "honorable" and "professional" people who commented from some higher moral ground.

Your comparison to actors was right on, and I'd actually googled to find out what happens in Hollywood. They got it right - it's a career move. Nothing more, nothing less.

Stop judging what other authors do and the choices they make and worry about yourself. In the end, it's your career you have to look out for.

As always, useful and to the point. I don't need to know this know, but I might some day, so thanks!

Yes, I'm about to be one of those commenters who goes "off-topic." Just wanted to say that I'm heading to Chicago Spring Fling next weekend -- and while I do not have a pitch appointment (my ms is not complete) I'm looking forward to your workshop and to saying hello. I'm a Backspace member - a blog reader - and well, let's continue this brown-nosing to say that you're on the top of my "dream agent" list. So, I promise not to stalk or pester (not my style) but I am excited to meet you IN PERSON!

Actually, it's from bowling ... the pins are sometimes called ducks.

Interesting this post has no comments. I think we're all terrified of the thought of signing with an agent only to have to start the process all over again.

I'm off to send a dozen roses and warm scones with jam to my agent right now.

This is good info though, and a reminder that we have to learn all aspects of publishing, even the sort of yucky ones, like parting with an agent.

Marmalade or strawberry preserves, Eric?

:)

On the floor where the agents hid at the London Book Fair last week I definitely heard quacking.

Amy (and anyone else heading out this way who'd like them),

I'm not going to be there (large sigh, but it's my son's Communion weekend), but I live in the Chicagoland area, so if you'd like some recommends for places to go and great restaurants not to miss, let me know - if you're spending anytime outside of the conference, you'll really like it here - Chicago's got some of the friendliest people for a big city.

This is a great post at a great time----since I am, as we speak, contemplating firing my longtime agent. I just pulled out the agency contract I signed with him years ago out of the mothballs to go over it with a fine-toothed comb as a direct result of your post. It looks like my contract makes it pretty easy for me to fire him (as much as I hate doing it), thankfully!

Hey everyone, sorry I'm late to comment, but I was wondering:

My agent started representing me without a signed, written contract. He is a part of a well-known agency, though, with quite a few best-selling authors.

When he first took me on, he told me about the percentages the agency receives, plus about foreign rights. So it was pretty much a verbal agreement.

Is it normal to have a verbal (rather than written) contract?

Sadly, after shopping it to (many) editors, my agent told me we had struck out. That I should send him a synopsis if I revised it, and he would be happy to see my next book.

So is that a "termination"?

I'm planning to do a HUGE rewrite of the current book, but honestly, I want to start fresh with a new agent.

Before I start to pitch other agents, should I call him or email him, just to make sure we're on the same page?

Thanks for talking about this Kristin. It's another question that author's should always ask the agent before signing with them.
Good tips, as always.

H-m-m. I've never run across this with any professionals I've dealt with other than lawyers and they bill for EVERYTHING.

I knew someone would mention lawyers in their comment. For some reason, people seem to think attorneys should work for free while everyone else gets paid for their work... not quite sure how you work that one out.

Kristin, you should charge for copies and things if the work has been published. It should be part of your contingency fee. Everyone else gets paid for it. It's not mean to ask for reimbursement; it's the business standard.

I appreciate the frank discussion. My agent has billed and been paid for local mailings within the same city, and courier services. It came to $72. This agent also shredded my first manuscript because of 8 punctuation errors in 418 pages. Yes, 8. I wanted to reprint the 8 pages with corrections and have them tucked into place. But it was too late. I then had to resend the entire manuscript times 10 copies a second time. That would be $180 x 2with print and shipping costs.

It cost me a fortune and other than the fact that this agent loves my work, hasn't initiated contact with me. In fact I have to remind her who I am, what project it is, and who she sent submissions to. For someone who works for me, does this seem odd to anyone else? And considering that I live on limited income where each dollar is precious, and the agent knows this, does it seem like maybe there's a problem here?

In your professional opinion, what should I expect? And before you ask, no I won't be renewing the contract with the agency.

Actually, with a small agency, I can see where it makes economic sense NOT to charge clients for copying and mailing, at least not if it takes a fair amount of time to track it. If that time constraint either eats into your agenting time, or requires you to hire help, it becomes not worth it.

This blog provides so much useful information, without the legal jargon. Thanks Kristin!

Thanks for sharing this, Kristin! You hear horror stories about lesser-known agencies who end up costing the author a bundle and getting no results.

What you have described in the beginning of your enterprise is more than reasonable and the sort of attitude I would hope to find in an agent. And your 3rd year policy is fabulous. That really expresses a faith both in your client's writing and in your own abilities as an agent.

I just might be shopping for an agent soon. You always give solid advice and fabulous reality slaps. Thanks!

Kelly, yeah, it is not the way things ought to be. You should expect the AGENT to keep track of where she's sent the MS. And although you can initiate contact whenever you have a concern, you shouldn't have to remind her who you are. IMO.

I was once the client of an agent who was nearing the end of her agent-season. I had to ask her for everything. I felt as though I were very much the junior member in the partnership, and I didn't like this position. When she dumped me 2 weeks before a major conference, part of me was glad.

I'm now on the agent hunt once more. Too bad Kristin N doesn't handle what I write!

My feeling is that you show great goodwill in not billing out these costs. Thank you.

I read on one authors website that she had to make numerous printouts of her manuscript (even had to go out and buy a new printer, mid printing cause it died on her) then had to mail them out to her agent.

It actually made me feel unease reading that.

The client making all the copies to be sent to editors? Doesn't most agencies have maybe a place they regularly use to get a discount? And if so, couldn't a client then send the money for the printouts, instead of having to pay for shipping and handling too?

Mind you, this author got a contract through this agent but, it just felt like this author was doing extra foot work to me.

Is this standard practice?

Does it seem petty to ask up front an agent who wants to sign you if you have to cover the costs up front for copies to editors even if the manuscript didn't sell?

If it is expensive for an author to pay for copying and mailing costs, consider that the agent has to pay for the costs of a dozen plus authors. It would be quite gracious not to charge for that.

I would expect many of these expenses to be tax deductible, anyway. Even for the writer.

If an author gets $10 in royalties, can they now deduct paper, printer ink and postage expenses in that tax year?

As Anonymous said, I am in a similar situation with printing out multiple copies and mailing them to the agent for disbursement. Then they were shredded and I had to do it over again. She never asked me about shredding them and I was willing to repair whatever needed repairing.

I'm definitely getting out of this situation. But as I already have seven books in two pen names coming out this year with more possible, I'm not sure I REQUIRE and agent. Everything I write is picked up and I'm very grateful for it. However the agent has had no part in my sales as these were all done directly by me.

Maybe having an agent isn't worth it. I don't know at this point. Epubs have come a long way and mine in particular. But there's something about that lofty NY pub goal, isn't there?

Anon- I don't think it is petty at all to have clarity on what expenses each of you (writer and agent) are expected to take on and when. Better to know up front what are the expectations.

I can't speak for everyone- but having an agent in my corner has made a huge difference in both the deals negotiated as well as areas such as foreign sales and film rights. I'm very grateful for her input into my career. I suspect I would feel different if I was making the sales on my own as Kelly mentioned. I think it would be fair to ask in that situation what plan the agent has to move your career in the direction you want to go and how she/he can help facilitate that progress.

Thanks for this insight. This is another of those details most writers don't think about. When these charges are billed (or if they are graciously absorbed) by an agent is important to know, because it could create a real hardship for some if such costs are billed prior to a sale. This is good education and a talking point for those seeking representation.

I know of several agents at reputable agencies (ones Kristin even links to on her blog) who ask for the author to print out copies and ship them to the agent for submission to editors. I was surprised by this at first, but the more often I hear it, the more I wonder if it's some-what standard.

Also, I think my agent is worth her weight in gold. My advance was about 10x what it would have been had I tried to go it alone. She earned that advance and then some!!

Very early on I had an agent who required me to send eight copies of the finished book AND pay for all shipping costs, etc... which totaled about 300 dollars or so. They submitted to exactly three editors and then told me it they'd exhuasted their contacts and it would't sell.

*yes they were a reputable agency, had prior sales, and a large-ish client list.

I parted ways with them, wiser and poorer. They are now out of business. Never again. My current agent charges nothing. Nada. Zip.

Congratulations, Kristin, on your stellar success!

I live outside the US and my agent is in New York. She doesn't charge me for copying and mailing to my publisher. The only charges relate to wire transfers. And I deduct those on my tax return.

I think it's a very valuable exercise for authors to have some idea of what they cost an agent--and what an agent would earn if the agreement wasn't one of agency.

My background is law. I was raised to think and bill in 10 minute increments and to make certain that I did at least 5 billable hours work a day. It's become a mindset. So I've kept a rough tracking of the time my agent has spent with me (physically, on calls, in emails--and, believe me, I'm low maintenance), the time I estimate she spends sending out my proposals and following them up, and posting contracts to me etc. If I attach that to an hourly rate that I think a professional like an agent should earn, it gives me some idea of the value of the work she's done. To that I add the international postage that I know she pays--I receive the mailers that my contracts come in, and I can also approximate local postal charges. When I total this all up, I have a fairly good idea of whether my agent is in the red or black with me. It's an interesting exercise to do! And let's just say, I pay 15% with delight. Yes, hopefully the balance does change with time, but then one must remember that those early days were costly to the agent.

And on the do-you-need-an-agent-for-category-romance question? Given that my agent sold my first book on 2 Feb 2006 and at Feb 2008 I have 6 books in print, I can only say I would never have achieved that by myself.

And on to the iPod. Kristin, it's a long time since I've heard Laura Brannigan--love that Irish voice...

Tessa

I love how honest and open you are about all this.

I used to work for one of the big accounting firms... and we used to joke that we needed to type in a client code in order to get sheets of toilet paper in the office bathroom. ;-)