@Teri_Kanefield@mastodon.social
Post #4143797
2026-07-27 17:28 UTC
. . . because the only thing they have to offer new authors is access to the publisher.
Conclusion for this issue: The agent is an out-sourced slush reader, so there is a conflict of interest.
Here is the definition of conflict of interest in relation to laws governing lawyers: https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_7_conflict_of_interest_current_clients/comment_on_rule_1_7/
(2) second issue. Agents negotiate contracts but they are not trained in contract law.
This is called unauthorized practice of law . . .
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@Teri_Kanefield@mastodon.social 2026-07-27 17:30
. . . The literary agent model has never been challenged in court, but I find it hard to believe that what the agent does (negotiate a contract, represent a third party, and explain contract terms to a third party) would not be considered illegal. Finally, one more. Publishers generally send the entire royalty check to the agent. The agent deposits the money, and then sends the author's share to the author. Lawyers do the same but the industry is highly regulated. 8/