Thursday, July 18, 2024

Dear O'Abby: Do I need a lawyer if I have an agent?

 Dear O'Abby,

I'm agented and my agent has just sold my book to a publisher!  I'm super excited, but also want to make sure everything is being done properly, so I'm wondering if I need to get a lawyer to look over the publisher's contract?  Or is that something my agent does?  Not ever having been in this position before, I'm not sure...

Do you have any advice?

Best Wishes,

Contracted

Dear Contracted,

Congratulations to you and your agent for selling the book!  How exciting!

In terms of getting a lawyer, it's one of those things you are perfectly welcome to do, but if you do, there are a few things you should think about.

Firstly, let your agent know you are doing this. Agents often have previously-negotiated contracts with publishers they can use as a basis for any new contract and an outside lawyer isn't going to know what has already been discussed.

Secondly, make sure the lawyer you hire understands publishing or they may want to try to negotiate things that are standard in the publishing world.  Like most industries, there are things unique to publishing that can't be changed and it's better to have a lawyer who understands these things.

But generally speaking, while an agent is unlikely to object to you hiring your own lawyer to look over a contract, it isn't really needed.  Agents are (or should be) experts in reading and negotiating publishing contracts and as your advocate, will be looking for the best possible terms for you and your book.  They are far more familiar with the publishing landscape and any specificities of the industry than most lawyers, and also of any new trends moving through.

So my advice is to save your money and trust your agent unless there is something you see in the contract that sends up re flags.  And even then, I'd talk to your agent about it before you rush out an hire a lawyer.

Make sense?

X O'Abby

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