7 questions authors should ask before signing an agency representation agreement
There are some things authors never ask about
I’ve offered a lot of authors representation in the fifteen years I have been a literary agent. For authors receiving “the Call”* it is of course an exciting time and the internet being the helpful place it is for writers to share experiences and advice, there’s plenty of guidance out there to lean on, focussing on understanding from the agent what they think of your manuscript, whether they have editorial suggestions for you, to determining their working practices and how they intend to submit it to publishers, indeed which publishers. Occasionally authors even ask me about our commission rates and what other rights we sell and how. But there are some things authors never ask me about.
These are the questions that authors never ask but I think perhaps they should.
Are client monies kept in a separate account? Both the AAA and AALA’s codes stipulate that agencies maintain a separate account for author monies, separate to their regular business income and expenditure. This is for your protection.
Will the agent pass on royalties promptly? Again, the passing on promptly of author monies is within the AAA and AALA codes but no prospective client has ever asked me about this. If they did, I would say that we typically pass on money within 2 days of receipt and aim for not more than 7 days.
Does the agency have adequate professional insurance? No author has ever asked about this or asked to see our insurance schedule.
Are there any conflicts of interest? No agent should be offering to represent an author where there is a conflict of interest so perhaps authors assume, like I do, that there isn’t. But with some agents also working in other fields such as rights and paid editorial services, I would ask and check.
Does the agency commit to keeping my confidential information confidential? In the UK and EU we have GDPR to protect your personal data but it’s reasonable to ask about confidentiality, except no one does. We have a simple rule at my agency: no client information of any kind will be shared with any third party, including contracted parties such as the client’s publisher, without the permission given by the client to do so. You need to trust your agent hence I remain surprised no prospective client has ever asked me about our confidentiality protocols.
Does the agency commit to keeping authors up to date with relevant information and offers received? Again, I expect this seems like a no-brainer but you may want to be sure how things will work when your agent is away or unavailable for a period.
What happens if my agent leaves? How I am protected? Authors are generally represented by an agency not an individual agent (unless that agent is working as a sole trader) but it is reasonable to enquire what would happen should the business fail or your agent moves on. For agents operating alone outside a business entity, prospective authors should also enquire how their money and contracts would be protected.
*Jargon, US. When a literary agent calls or emails to offer representation.
Good questions!!!!
This is such a helpful article! All authors expecting a career with an agent should read this.