The Writer and the Literary Agent

The relationship between the writer and their agent is an intensely personal one. In addition to knowing the terms of a writer’s agreement with their publisher, agents often are privy to the intimate secrets of a writer’s life: the trying times of unemployment, marital failures, family illnesses and deaths; and the joyous occasions, like graduations, births, milestone birthdays. In addition, they usually know a writer’s whereabouts if they are away from home (on vacation in Arizona, attending a funeral in Kentucky) for more than a weekend.

Making a good match with an agent frees writers to do what they do best: Write.

Unfortunately, agents are not regulated. Any Tom, Dick, or Harriet can call themselves an agent. Barbers, beauticians, manicurists, nurses, doctors, attorneys all need licenses. On the other hand, anybody can hang up a shingle and dub themselves an agent. As a very wise person once said, “A bad agent is worse than no agent at all.”

Some signs that the agent you are approaching to represent you might not be on the up and up:

Do some research. What’s the 4-1-1 on the agent? Are they on everyone’s hot list, closing deal after deal? Could they be so hot that they might not have the necessary time to devote to your interests? On the other hand, are they practically invisible? Is there little to no information about them? (Note: Being closed-mouthed about agency sales is not necessarily a red flag. Some agents, and clients as well, consider it nobody’s damn business.) In this Internet age, it isn’t too difficult to uncover questionable behavior or to differentiate between what is fact and what is merely industry gossip.

If the agent has a website (most do), is it updated, or does it reference years past like 2005 and 2006 and is otherwise full of gaping holes? Any of the latter is not a good sign.

Do they belong to the AAR (Association of Author Representatives)? This non-profit agency is like a Better Business Bureau of agenting; its members are bound by a code of ethics, including not charging reading fees, not recommending services in which they own an interest (or own outright) for services like website design or editing (considered a conflict of interest), and not hosting fee-paid conferences, which is a blatant ploy to get their hands on the dollars of aspiring writers (but being a guest at someone else’s conference is okay; agents often obtain clients this way, and the presence of agents gives writers incentive to attend.) Some newly established agencies might not yet have this membership, which is understandable. If, however, the agent you are looking at has been in business for years and has not joined, this can often signal some shady goings on. Let’s face it, an agent is not going to join an organization whose ethics they cannot abide by. Having an accredited membership yanked is bound to raise all kinds of pesky questions.

Trust your intuition. If your inner voice is telling you to beware, then follow it.

If you decide to sign with an agent, read your contract carefully. Don’t be afraid to object if it contains something you don’t like. Pay special attention to the exit clauses, and as the author/agent relationship progresses, watch for these signs:

Does the agent suddenly become unavailable just as you’re requesting information from them, then get back to you a week-and-a-half later and say they were called out of town, that they’re desk is a mess in the wake of their absence, and they will take care of your request shortly (and keep putting you off?) Personal emergencies are a fact of life, but with the advent of wireless Internet all over, it isn’t too hard for an agent to send a quick e-mail to clients informing them they have been called away and a date of their anticipated return. This can be a cover-up to stall for time because they don’t want you to have whatever it is you’re asking for. Which brings me to my next question:

Is there an on-site assistant, or is the agent a one-person operation? It’s always nice to know there is someone you can talk to for administrative matters. If not, you might have to wait longer for what you need, especially if it’s something the agent doesn’t want to provide you with, for unscrupulous reasons.

Do you find errors in contracts that are forwarded to you for signature after the agent has signed it and supposedly read it over? This is a sign that they aren’t attentive, and it’ll cost you in the end.

Do they make excuses and repeatedly try to put you off when you request information related to your writing career, like 1099s or copies of signed contracts?

When you double check the amount of your 1099 against what the agent has paid you, does it match? Or is there a difference? If the reported amount is lower than what you received (meaning the agent is reporting the balance on their own tax return), it is probably an honest mathematical mistake, since nobody deliberately pays taxes on more income than they have to. However, if your 1099 shows a number higher than what you actually received, this is a red flag and suggests the agent might be padding your taxable income while simultaneously reducing their own. (If this is spread out across a broad client base it can mean a hefty undeclared income for the agent.)

Do you get your checks in a timely manner, and for the correct amount? Your contract will state when advance and royalty payments are due. Publishers have been known to commit mail fraud (i.e., adjust the date on their postage meters to the last day of November [or whatever the contract stipulates checks are to be mailed] when they’re actually being mailed on, say, December 6th), but rarely by more than one week (and the date of the official postmark always give them away.) If your agent is telling you that they are still waiting to receive payment three weeks or more after the contracted date, or if they use delay tactics like sending you a check they “forgot” to sign, or wild excuses like “my son/daughter spilled grape juice on the check, I’ll have to call the publisher and ask them to mail another one,” or other ridiculous tales involving family members who have no business near your funds, they are probably lying and are using your money for their personal use.

When you check the math on your payment, is the agent’s math in calculating their percentage correct? Or does it always seem to be off . . . in their favor?

Are any expenses for photocopying, mailing, telephone calls, etc., backed up with dates, statements, and other specifics? True, these are fast-diminishing expenses in this day and age where so much is e-mailed and where so many people have unlimited long distance calling. If your agent deducts either small or sizeable expenses with no explanation, then suggests they will “research the matter,” and proceeds to string you along for weeks and weeks rather than getting back to you right away, you’re obviously dealing with a dishonest person.

My advice? Collect what’s due you and sever all ties. You want to be a writer. You don’t want to be someone’s patsy.

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Bettye Griffin’s next novel, Once Upon A Project, will be published on April 29^th. She is, in case you’re wondering, represented by a highly reputable agent.