This one particularly bothers me because the agency is truly “shady,” meaning they seem to have a few legitimate sales mixed in with their business practices that rip people off. This agency scares the shit out of me.
Shady Practice No. 1: I’ve already warned you about this one – they have a for-profit editing service as part of their agency.
Shady Practice No. 2: This one is new to me – they have a $2,500 minimum commission. This is a LOT worse than it sounds. Their justification for it is even worse. Per their participation on legitimate writers’ message boards (which they run around like hotshot fire crews, trying to justify their practices), they charge that minimum because so many new novelists get low advances that they need to have a minimum to justify the six months it may take to place a book with a publisher. At first glance, this may seem reasonable. But let me rephrase that for them. Their justification is essentially:
If we can’t sell books for enough money, which happens to us a lot, we need to make sure we get ours before the author sees a dime. We aren’t willing to wait for royalties to come in to get it from our percentage, either.
Shady as fuck, right? That just scratches the surface. For starters, they might as well be saying, “We can’t make a profit using the normal commission structure that every legitimate agency on the planet uses.”
Since they are offering for-hire editing services, they clearly aren’t adverse to conflicts of interest. This scheme sets up a couple of other conflicts that just make me sick. First, let’s do a little math. If they manage to sell your book for a $2,500 advance, they get to keep $2,500. If they sell your book for $10,000, they get to keep $2,500. If they sell your book for $15,000, they get to keep $2,500. If they sell your book for $17,000, they get an extra fifty bucks. So, unless you have a book that is likely to sell for a lot more than the average first-time advance, these shady-ass motherfuckers have no motivation to try to sell your book for a dime over $2,500.
Also, the best route for a first-time author may involve a low advance but decent support from a legitimate publisher who is willing to spend some money promoting the book. Like, for example, the recently departed Tom freaking Clancy and his debut novel The Hunt for Red October. Since this agency doesn’t give a shit about its authors in the long run (or the medium run, or even after the very first day of the short run), those offers are just rejected without response. How do I know this? Because small and medium-sized publishers also participate on writers’ forums, and they say things like “I made an offer on manuscript X and they just responded that the offer was insulting and not worth considering, now I understand why.”
We aren’t done yet:
Shady Practice No. 3: This is old news, but still a nice little window into their shady as fuck behavior. There are all sorts of legitimate sources on the internet writers can use to learn about agents. Databases are great: AgentQuery, QueryTracker, Predators & Editors, and WriterBeware are all excellent resources with unbiased information (they drive traffic to their sites by having good information, so their motivation is to provide just that). Obviously, people who are trying to rip you off are not big fans of accurate information, which tends to inform people that they are shady as fuck.
So some genius came up with the idea of creating a fake literary association to “protect” writers from things like, well, all of the above-listed websites. Then it listed the “Top 10 Literary Agencies” according to them. Not coincidentally, most of them were also on the “20 Worst” list from Writer Beware. It appears that one of the agents from this agency was formerly among the agencies on both lists.
Shady Practice No. 4: This one is my personal favorite. Running through the new posts on a message board, I see one saying “Hey guys, I just found a new agent who is accepting queries [e-mail link] and this awesome agent is also taking queries, too [e-mail link to another agent at the same agency]. Here is their agency website [link number three]” Then I notice this happens to be the poster’s first ever post. I wouldn’t mind if they showed up and said, “We are accepting queries,” and, since it was the first post ever from that person I knew it was them, but pretending to be “one of the guys” (pardon the latent sexism, it was their word, not mine) just giving a “heads’ up” about a new agent is shady as fuck. You might as well post: “I am going to try to mislead you into going to my website and then enter into an important relationship with you before you realize that’s what I am doing.”
So, no, if you were the only literary agent on the planet, I would still not hire you. And your chummy post on a message board is not going to help that. But thank you for an opportunity to use you and your scummy-ass agency as a case study to help readers on my blog. We are starting at the end, knowing this is a shady-ass company that is not a clear-cut scam. They have some legitimate sales, but“even a blind pig finds an accord once in a while” is not a business model. So this one is technically a legitimate agency that I would never even think of using. Let’s to a walkthrough of how to vet an agency to see if we would get sucked in. In other words,
Let’s Pretend We Were Considering This Agency:
Step 1: Google is your friend. Googling the agency name, alone, yields the following results on the first page:
- Agency Website (doesn’t mean much, but if they didn’t have one it would be a nonstarter).
- A Publisher’s Marketplace listing with deals (at this point, I’m thinking ‘OK this person is legit.’ I’m mostly wrong, but that’s honestly what I would be thinking).
- A twitter account (that’s 4 years old. Again, it doesn’t count for much but it is one more indication they are legit).
- Two news stories about a book deal that didn’t go through, (no deal, but I’m impressed because this agent is in the media and appears to be a player. I have never looked into an agency that turned out to be shady that had this kind of legitimacy).
- A thread on one of the aforementioned bulletin boards (oops, I just found out about the $2,500 minimum commission and the editing conflict and, if you want to write non-fiction, they threw in a bonus ghostwriting conflict as well).
- Something I’ve never seen before, called ripoffreport.com (frankly, it looks like as much like a rant as a legitimate indictment of the agency, so I’m calling this one about as important as having a website and a twitter —i.e., not very, but worth noticing).
Step 2: The Usual Suspects.
- Predators & Editors has a listing, not listed as a “beware” but also shows that this agent had an AAR membership revoked. Now I am pretty scared.
- AbsoluteWrite told me what I outlined above, and I would have gone there anyway if I hadn’t found it via Google. The most damning thing on here were the posts from the agency itself, misrepresenting what was being said about it in the prior posts (as though we cannot read them for ourselves) and providing BS justifications for business practices the other legitimate agencies seem to live without.
- QueryTracker Not much information here, except for links to AbsoluteWrite and the agency posing as a member (for one post) and pretending to give information about agents (themselves). In other words, it is the agency’s own conduct more than anything anyone else is saying or doing that makes them look sketchy as hell.
- Writer Beware Lists the scary, don’t go anywhere near these people, agents. Just because an agent or agency isn’t on this list does not mean you should go with that agent, but it an agent is on this list, stay far away. They aren’t on this list, but I’m still not going for the minimum commission or overlooking two conflicts, so this agent is not even a maybe for me.
The lesson to learn here is that you should invest a little bit of effort in vetting any agent before querying him or her. It doesn’t take much effort to weed out the flat-out scammers, but you might need to go three pages into a five-page thread on a bulletin board before you find out the real problems with a questionable agent. There are over 1,000 agents out there, so there is no reason to even look at one who is questionable. If you can’t get a decent response from the first 100 agents or so, the problem probably relates more to your query or your manuscript (or both) than the availability of solid agents.