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LITERARY AGENTSLinks checked/Page updated: 1/5/09Dishonest Agents Amateur, Marginal, and Incompetent Agents Telling Questionable From Reputable Additional Cautions Links There are many views on the question of whether or not a writer needs an agent to make a first sale. Some people think a new writer's energy is best spent on submitting directly to publishers. Others feel that, with more and more publishers closing their doors to unagented submissions, a new writer stands a better chance if she seeks an agent first. (For the record, I think that if you want to sell a book to one of the large publishing houses, an agent is essential. Here's why.) But there's no disagreement on the fact that after that first sale is made, a good agent is a tremendous boon to a writer's career. Agents have industry contacts and inside knowledge that most writers don't possess. They keep current with editors' tastes and needs, know what new imprints are starting up and which ones are downsizing, stay abreast of changing corporate policies, keep track of who's newly hired and who just got fired. They negotiate advances and publishing contracts to their clients' advantage, and are experienced in marketing subsidiary rights. Just as important, agents serve as writers' advocates in the increasingly complex and competitive world of publishing. There are many successful literary agents who provide excellent representation to their clients. Unfortunately, there are also many dishonest and incompetent ones, who relieve writers of money and waste their time--and sometimes damage their careers by squandering submission opportunities or brokering contracts with bad publishers. A few decades ago, such agents weren't terribly common. These days, due to changes in the publishing industry that have made agents the principal gatekeepers of the publishing world, they are legion. Dishonest AgentsDishonest agents prey on writers by charging fees, promoting their own paid services, engaging in kickback referral schemes, and misrepresenting their knowledge and expertise. These agents don't earn their income by selling manuscripts to publishers, but by extracting money from their clients.Dishonest agents may "represent" hundreds of writers, turning them over twice a year with a six-month contract that requires $250 or more in upfront fees. They may be fronts for editing services, recommending editing to every writer who queries, and charging thousands of dollars for critiques performed by unqualified minimum-wage employees. They may own vanity publishers, into which clients are funneled once they've racked up enough rejections to become desperate. Some examples of dishonest agenting practice, drawn from Writer Beware's files:
Amateur, Marginal, and Incompetent AgentsThere are no licensing requirements or competency standards for literary agents. Anyone who feels like it can set themselves up as an agent, whether or not they're qualified to do so. The result is a large number of amateur, incompetent, and marginal agents.Amateur agents are often motivated by odd and unrealistic assumptions, such as the notion that publishing is lucrative or that agenting is an easy home business. Some believe they can transfer skills from a career in advertising, sales, or academia. Many are frustrated writers who think they can do a better job than all the heartless people who sent them form rejection letters. But agenting is not an entry-level position. You can't just grow into the job with a bit of effort and a great attitude. Nor are skills acquired in other professions necessarily helpful--agenting does involve selling, for instance, but it's a very different sort of selling, and done in a very different context, from corporate or commercial sales. To become a successful agent, you need a range of highly specialized expertise, such as an understanding of publishing contract terms and a knowledge of the issues associated with selling subsidiary rights, as well as contacts within the publishing industry (publishing is still very much a back-room, schmooze-over-lunch business). Both are best acquired by actually working in publishing or for a reputable literary agency. People who come to agenting without this kind of background are at a significant disadvantage. Amateur agents may be genuinely well-intentioned. Many make a good-faith effort to place their clients' work. However, their low skill level makes it unlikely that they'll sell anything--or if they do, that they'll ever manage to move beyond marginal status. Their poor sales records are a major incentive to charge fees in order to keep their businesses afloat, and they may have peculiar business practices (for instance, Writer Beware knows of one marginal agent who requires his clients to critique each other's manuscripts; another uses her clients' own query letters). They're also likely to place their clients with questionable publishers--not just because they don't know better, but because these are often the only publishers that are willing to deal with incompetent agents. Given commercial publishers' increasing refusal to consider unagented manuscripts, many writers feel it's OK to settle for a marginal or amateur agent, on the theory that any agent is better than none. This is a mistake. Editors and their assistants are well aware of how many bad agents there are; it's one reason they prefer to work with agents they know, either personally or by reputation. The word "Agent" on a letterhead guarantees no special attention if the editor doesn't recognize the agent's name. Many editors give unknown agents only slightly more priority than unagented authors. Also, amateur and incompetent agents often aren't able to screen out substandard work, or don't adequately research the editors to whom they submit, or use obviously unprofessional approaches (form letters, bundled queries, shotgun submissions--see below). Editors remember agents who behave unprofessionally or who send them bad material. At best, these agents' submissions will be treated as slush. At worst, they will be ignored.
Telling Questionable From ReputableOverwhelmed? I don't blame you. But in reality, it's quite easy to tell a good agent from a bad one. The tips below will help. Also see my post on this subject from Writer Beware's blog: It's NOT a Jungle Out There.Note that standard agenting practice is pretty much the same from country to country, genre to genre, and industry to industry--so these basic rules apply no matter where you're from or what sort of books you write. An agent should have a verifiable track record of commercial book sales, and be willing to disclose it. A robust history of selling books to commercial (advance-paying) publishers is the single best indication of an agent's effectiveness and expertise. You want an agent who is selling regularly to a variety of commercial publishers (a reasonable minimum standard is the Association of Authors' Representatives' requirement for new members--at least 10 sales within the past 18 months), and who has experience selling books in your subject or genre. You may have heard that "you can't get published without an agent, and you can't get an agent unless you've been published." The first, sadly, is increasingly true, but the second is a myth--and a pernicious one, because it pushes many writers into the arms of dishonest and incompetent agents. Previous publication credits will certainly make you stand out in the slush pile, but they're not a requirement for finding a good agent. No successful agent will refuse to consider a promising manuscript just because its author hasn't published before. Agencies' policies on track record disclosure vary. Some agents won't reveal books that are under contract but not yet released, and many won't provide complete client lists. And few agents will disclose client contact information, so it's probably not worthwhile to ask for references. But at a minimum, any reputable agent should be willing to give you a list of recently-published books that she has sold. If she has a website, look for the information there. If an agent refuses to answer questions about sales, or tells you that sales information is confidential, be wary. She may be trying to hide the fact that the agency has a poor success rate, or deals with disreputable publishers. Be sure also to check that sales are legitimate. Many questionable agents lie about their track records, claiming sales they haven't made or citing nonexistent authors and titles. Alternatively, the titles may be genuine, but the books may have been placed with bad publishers. The growth of the Internet has fueled a vast proliferation of such publishers--a windfall for marginal and dishonest agents, who now can easily acquire a legitimate-sounding "track record". If an agent is new, he should have a prior professional background in agenting or publishing. The one circumstance in which it's OK for an agent not to have a track record is if he's just starting out. A new agent who is actively building a client list can be a good prospect for a new writer. However, not all new agents are created equal. In order to target manuscripts appropriately and get attention from editors--not to mention, identify salable properties and effectively negotiate contracts--an agent needs personal contacts and an inside knowledge of the publishing industry. Someone coming to agenting from a non-publishing-related field is unlikely to have either, and may take a very long time to get up to speed--if indeed they ever do. For a stronger discussion of this very important issue, see the section on amateur and incompetent agents above, as well as this post from Writer Beware's blog on why new agents need relevant professional experience. Be sure also that an agent who claims to be new really is new. Some questionable agencies try to excuse a wretched track record by saying they're new, when in fact they've been in business for years. One agency we're tracking changes its name every couple of years so it can pretend to be "new." As a general rule of thumb, a new agent should begin making regular sales to a variety of publishers within a year or so of starting up. It's advantageous for an agent to maintain membership in the Association of Authors' Representatives (USA), the Association of Authors' Agents (UK), or the Australian Literary Agents' Association. These professional trade organizations require members to adhere to codes of ethics that help to ensure fair practice. Just as important, members must demonstrate professional competence before they're allowed to join. Non-membership is by no means an indication that an agent is questionable. Some successful agents choose not to join trade groups, or haven't been in operation long enough to qualify. Nor is membership an infallible guarantee of quality--Writer Beware has received serious complaints about some AAR members. And no particular AAR, AAA, or ALAA member is necessarily the right agent for you--a very different, but equally important, question from whether or not the agent is reputable. But you're certainly safest if you give AAR, AAA, or ALAA member agents priority on your query list. To make themselves look more professional, some questionable agents cite membership in other groups, such as the Publishers' Marketing Association, the Better Business Bureau, or local writers' clubs. None of these are relevant to agenting, and they say nothing whatsoever about an agent's success, competence, or honesty. )There's more information on irrelevant memberships at Writer Beware's blog.) A note about the Writers' Guild of America: for film agents, membership in the WGA is important, not just because WGA signatories agree to ethical practice, but because studios and production companies prefer to deal with them. However, WGA signatory rules don't protect book authors. WGA members aren't allowed to charge reading or editing fees for scripts, but they can charge them for other kinds of literary properties. Also, WGA signatories don't have to prove professional competence. An agent should not charge an upfront fee. An agent's income should derive from commissions on sales, and from no other source. Fee-charging violates the basic premise of the author-agent relationship: a shared financial interest in the sale of the author's manuscript. An agent who makes money only when the author does is highly motivated not just to sell the author's work, but to find the most lucrative possible deal. An agent who makes money prior to a sale has already realized a profit, diminishing the incentive to pursue publication. Writer Beware defines a fee as any charge--excluding commissions on sales--that's a requirement for submission or representation, and must be paid by every client or potential client, no matter what the circumstance. For instance, a reading or evaluation fee that must accompany submission, a critique fee that's a condition of representation, a retainer or representation fee due on contract signing, a submission or circulation fee billed quarterly or monthly or per publisher submission. It isn't only your wallet that's at risk. There's an overwhelming correlation between fee-charging and a lousy track record of sales. Writer Beware has collected documentation on hundreds of agents who charge fees or engage in the abuses identified on this page, and of these, only a handful have anything approaching a genuine track record. Not all fee-charging, non-selling agents are dishonest--many are just inept, unable to keep their businesses going without hitting their clients up for cash. But for the writer, the end result is the same: no sale. Note that most successful agents do expect their clients to bear some of the cost of submission--usually, expenses the agent wouldn't otherwise incur, such as photocopying, postage, long-distance phone calls, courier fees, and the like. Standard practice, however, is to allow these expenses to accrue and then deduct them from the author's income, or, less desirably, to bill them after they are incurred. For an extended discussion of the kinds of fees you may encounter and the rationales that go with them, see Everything You Ever Wanted to Know About Literary Agents' Fees. For book agents, commissions should not be more than 10-15% for domestic sales and 20-25% for co-agented or foreign sales, nor should an agent propose a remuneration agreement other than a straight commission on earnings. Some agents--mostly questionable, but regrettably, a few legitimate ones as well--justify domestic commissions (commissions on sales made in the agent's home country) of 18% or 20% by claiming that it's more costly to represent new writers. That may be so, but do you really want an agent who penalizes you for being new? As always, track record is the bottom line--a successful agent is worth considering even if she charges a 20% domestic commission. But keep in mind that 10-15% is the prevailing standard, with 15% being the most common. Another justification for a higher commission is a claim to provide additional career management services, or that the higher percentage covers the costs of submission, thus avoiding reimbursements. But if you want career management, you're probably better off with a reputable publicist (and wouldn't you rather your agent concentrated on selling your book?). And while an extra 3% or 5% of a low advance might accurately reflect submission expense, when you get into higher numbers you're talking way more than it could possibly cost to market a manuscript. Conversely, you may run across a book agent who charges a lower-than-standard commission--in the UK or Australia, less than 10%, and in the USA, less than 15%. Sometimes this is a sign of inexperience, but often the lower commission rate is being offered to sweeten the impact of an upfront fee. There's more on "bargain" agents at Writer Beware's blog. For script agents, commissions should not be more than 10%. The WGA's Minimum Basic Agreement (a collective bargaining agreement that sets the terms under which WGA writers work with studios, agencies, and others) requires that agents charge a commission of not more than 10%. There's nothing to compel agents to comply with the MBA--but major studios don't generally deal with agents who don't. An agent shouldn't refer you to an outside service for which you have to pay. A kickback arrangement may be the incentive for such referrals. If an agent tells you your manuscript needs work and then recommends a specific editing service, the editing service may have promised to give the agent a percentage of whatever you wind up paying. The same goes for vanity publishers and fee-based print-on-demand self-publishing services, which often provide finder's fees to agents who persuade their clients to accept pay-to-publish contracts. Alternatively, the agent or agency may own the editing service or publisher, running it under under another name or at another address in order to conceal the connection. Some agencies are no more than fronts for editing or vanity publishing businesses. Note that there are times when a reputable agent may suggest that a writer hire an independent editor--for instance, for a salable project that needs developmental work that the author, in the agent's judgment, can't provide. Such recommendations are perfectly legitimate (though a writer should do some careful thinking before deciding to go this often very expensive route). But questionable editing schemes are common, and receiving an editing referral should always make you wary. For more on the pros and cons of independent editing, see the Independent Editors page. An agent shouldn't double as a paid editor, or as a publisher. These are conflicts of interest. If an agent can make money from editing your manuscript, how can you be sure that a recommendation to edit is in your best interest? If an agent can profit from publishing your book himself, where's the incentive to offer your manuscript to advance-paying publishers? Many agents do work with clients to edit and polish their manuscripts for submission. But they don't charge for this. It's part of the service covered by their commission. An agent's correspondence and/or website should be free of grammatical errors and typos. This may sound obvious, but a literary professional should be able to write and spell correctly. It's amazing how many questionable agents produce error-ridden documents and websites. Be alert for unprofessional practice. Editors don't want to see author photos, and no matter what you've heard, a novel should not be accompanied by a "marketing plan." Nor should an agent ever use your query letter. If an agent requests any of these things from you, be wary: the agent may not be dishonest, but he probably doesn't know much about publishing. Other things that turn editors off: form letters or postcards with boxes to check off and send back to indicate interest, "bundled" queries (several queries in the same envelope), "blitz" or shotgun submissions (submissions that have obviously been sent scattershot to a dozen or more publishers simultaneously), inclusion of cover mockups or sample illustrations (children's authors take note). Any of these will immediately identify a submission as coming from an unprofessional source. Writer Beware's blog provides more detail on unprofessional submission practices. Be wary of an agent who claims to specialize in new writers. Such agents are often fee-chargers looking to collect from inexperienced beginners. Successful agents' lists usually contain only a small percentage of new writers. Be wary of an agent who is looking for poets. Apart from celebrity projects and writers who are already well-known, successful literary agents rarely represent poets. Even in the best of circumstances, poetry collections are a tough sell, and the poetry market, which is dominated by small presses, simply isn’t lucrative enough to make it worth most agents’ while. Literary agents whose guidelines say they represent poets, or that they're seeking poetry collections, are nearly always either unscrupulous operators looking to charge a fee, or amateurs who know nothing about the realities of the business. Be wary of an agent who advertises. Most reputable agents have websites, and many have entires in various popular writers' guides or are included in online listings of various kinds. But reputable agents don't need to advertise: they already have more submissions than they can handle. They do not buy Google ads, or solicit submissions on Craigslist, or advertise for clients in local free papers. Any agent you find through such avenues is automatically suspect. Be wary of an agent who solicits you. Reputable agents do sometimes contact writers whose work they've seen and liked. This used to be extremely rare, and based only on published work, but the popularity of blogs and social media have made it somewhat more common. However, it is still unusual. As noted above, good agents don't need to advertise--or solicit. Questionable agents, on the other hand, often derive much of their clientele from solicitation. If you subscribe to writers' magazines or register your copyright, you may be a target--fee-charging agents often purchase lists of names and addresses from these sources. Be wary of an agent who provides extravagant praise or inflated promises, and of her opposite, an agent who paints a dismal picture of your chances of success. Reputable agents know better than to promise what can't be guaranteed, such as lucrative book contracts, movie deals, bestsellerdom, and the like. On the other hand, a reputable agent isn't going to take you on unless she feels there's a good chance of placing your manuscript. Excessive negativism is often a marginal or incompetent agent's way of rationalizing a poor track record. Be wary of an agent who says he wants to sell your book idea to Hollywood. Sales of dramatic rights for unpublished manuscripts are rare. When dramatic rights do sell, it's almost always after the book is published or under contract. The prospect of a Hollywood sale is usually a pipe dream offered to gullible writers by unscrupulous fee-chargers. |
Additional CautionsManuscript display sitesThese websites promise to bring you to the attention of literary agents and/or publishers and/or movie producers by displaying a synopsis and a chapter or two of your book or screenplay, sometimes with a biography, photo, or other information. Often a fee is required, and usually your submission will be displayed for a limited time. The theory is that editors, literary agents, and producers are eager to visit a website where pre-screened work is available for their perusal--thus enabling writers who use display sites to escape the slushpile. However, most reputable editors and agents and producers are overwhelmed with paper submissions, and have no reason to go online to look for more. Worse, a display site is a ready-made recruiting ground for literary sharks. Writer Beware has received many reports from writers who've been approached by questionable agents and publishers as a result of a display site listing. For a more detailed discussion, see Writers' Services. Submission services A submission service promises, for a fee, to approach publishers or agents on your behalf. Some simply send off your query and/or sample material; others offer editorial services to get your submission materials into shape, or will create those materials for you, from query letter to synopsis. Sometimes part of the service offered is the "packaging" of your submission with a picture of you, a bio, a sample marketing plan, and so on (this is why some submission services misleadingly call themselves "book packagers", a term that means something quite different in the real world of publishing). However, publishers aren't interested in fancy extras, and their inclusion will immediately identify your submission as coming from an unprofessional source. And submission services aren't necessarily run by qualified people, and may not be skilled at writing queries or targeting appropriate editors and publishers. This is especially true of the email query blast services like Bookblaster. And the fees can be huge--$1,000 and up. That's a lot to spend on something you could probably do just as effectively on your own. For a more detailed discussion, see Writers' Services. Writers' conferences A writers' conference can be a great way to network and to learn. However, don't take it on faith that the agents and publishers who attend are reputable. The larger conferences do a pretty good job of making sure they invite only successful agents and editors, but smaller conferences aren't always so careful. Some fraudulent and marginal agents are regulars on the conference circuit. This is an especial concern with conferences that host pitch sessions. Always research the agents/editors before you sign up for one of these sessions. And think twice--or three times--before signing up for a pitch session that costs you extra. These are not just moneymakers for the conference, but also, sometimes, for the agents and editors, who get a cut (very similar to a reading fee). The AAR prohibits its members from participating in such sessions. Agents' websites In the past, reputable agents were slow to go online. That has changed, but there are still successful agencies that don't maintain websites. So the fact that an agency doesn't have a website is not an indication that it isn't reputable. Equally, the fact that an agency maintains a website doesn't mean it's legitimate. How to tell a reputable agent's website from a questionable one's? Good design is not a clue. Some questionables have exquisitely-designed websites, while some successful agents' sites are ugly and homemade-looking. A domain name also proves nothing. Most (though not all) reputable agents have their own domain names, but so do many questionables. A client list doesn't mean anything either, unless the clients are published. Look for two things. First, a list of recent sales (including author, title, and publisher, so you can verify that the books exist). Questionable agents don't generally have track records, so their websites won't mention sales at all, or will make vague claims that can't be checked. Second, specific information on the agent's work experience and background. Questionable agents don't usually have relevant background, so their websites will not have a CV, or else will provide only the same vague claims. There's a more detailed discussion of how to evaluate an agent's website at Writer Beware's blog. Print market guides Market guides such as Jeff Herman's Guide to Book Editors, Publishers, and Literary Agents are excellent sources of information. But an agent's inclusion in a market guide isn't a guarantee of reputability. Many guides are compiled by questionnaire, and the information on the questionnaires is cursorily checked, if at all. Questionable agents are often listed in these publications. Don't take a listing at face value; do more research. Agent listings or databases on the Internet Many of these are compiled by individuals with little knowledge of publishing, bizarre personal agendas, or something to sell. Or else they're databases where anyone can enter unscreened information. They are likely to include large numbers of questionable agents, to omit large numbers of successful agents, and to be seriously out of date. Bad enough if they're free--even worse if you have to pay a fee for membership. Print guides aren't perfect, but they are a better place to start your research. |
LinksIn the search for an agent, knowledge is your most useful tool and your best defense. If I could only give one piece of advice to new writers, it would be to EDUCATE YOURSELF! The more you know about the publishing industry, the less likely it is that you'll be taken advantage of. This post from Writer Beware's blog offers some suggestions for learning the ropes.Below are resources to assist you. Tools to Help You Evaluate Agents
Resources for Agent Hunting
General Information on Agents and Agenting
Author-Agent Agreements
Up Close and Personal -- Writers' Experiences With Questionable Agents
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