Agent-Author Contract Question

There are still many agencies that don't use formal (written) agreements. I'm sure someone with more knowledge about the pros and cons will chime in soon, but I definitely wouldn't turn down an offer from an agent I like at a good agency over the lack of a formal contract.

My agency doesn't use a contract until after a book sells, and they're huge and well-established. I admit it weirds me out a bit, but obviously it works for them. If you're really nervous about it, you can always ask the agent to write something out. I've heard some agents are willing to do this if requested.

In many ways it's better for you to not have a contract. Many of the clauses in a contract would protect the agency, but not you (remember they are the ones providing the contract, they get to choose the language). AFAIK agencies who don't bother with contracts are some of the best, because they know you'll stick with them, even without a bit of paper binding you to them.

If he's AAR and has a sterling reputation, I'd just say go for it. If you're concerned, ask the agent if you can contact one of his clients and ask them how they feel about the agent. It's a common request so you don't have to worry about offending the agent.

Having been with a top agency that didn't do contracts, and having gone through the aftermath of my agent's unexpected death, I'm now a really big fan of contracts. I know I, for one, won't work on a handshake basis again. It's a deal-breaker for me.

Tell the agent that you want a written agreement, please. If they're truly pros, they won't have a problem with that.

If they say no, then chances are good you'll find another, better agent for the job. If one agent liked your book then so will another.

Remember that the agent works for you, not the other way around.

Drachen Jager said:

In many ways it's better for you to not have a contract. Many of the clauses in a contract would protect the agency, but not you (remember they are the ones providing the contract, they get to choose the language). AFAIK agencies who don't bother with contracts are some of the best, because they know you'll stick with them, even without a bit of paper binding you to them.

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This is also solid advice when it comes to buying a house or car, or entering into a contracted work position.

I've never signed an agency contract, and never will. I use an IP attorney now, but if there's a contract, make sure you have an IP attorney read it, and add clauses you need that few agency contracts have such as having the publisher send the agent only her percentage, and have your percentage come directly to you.

If you and the agent ever split up, this clause can be a lifesaver.

Jamesaritchie said:

I've never signed an agency contract, and never will. I use an IP attorney now, but if there's a contract, make sure you have an IP attorney read it, and add clauses you need that few agency contracts have such as having the publisher send the agent only her percentage, and have your percentage come directly to you.

If you and the agent ever split up, this clause can be a lifesaver.

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In the interest of Respect Your Fellow Writer, I'll restrain myself.