LITERARY FAQ
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Lisa A. Landolt is licensed and admitted to practice law by the Supreme Court of Texas.
Not certified by the Texas Board of Legal Specialization.
Mediator Certifications by The National Mediation Academy, Dallas, Texas.
(c) 2004 Lisa A. Landolt
Not certified by the Texas Board of Legal Specialization.
Mediator Certifications by The National Mediation Academy, Dallas, Texas.
(c) 2004 Lisa A. Landolt
1. Question: Does a writer have to be an established author to use an
Entertainment Attorney to help get him or her published, as opposed to a
non-attorney literary agent?
Answer: While it is true that established authors commonly use Entertainment
Attorneys, it is not to the exclusion of new writers. It is up to the author, new or
established, to decide if he or she wants to hire an Entertainment Attorney instead of or
in addition to a non-attorney agent. As for published authors and other people who
know the industry well and have established contacts with publishers, they typically hire
Entertainment Attorneys specifically to negotiate, review, and even draft the publishing
contracts in order to ensure they get the best possible deal from a publisher. Because
the author has knowledge or contact with the publisher already, and may even have an
offer on the table, there is no need for agenting, and thus, no need for a non-attorney
agent. Also, keep in mind that many authors may prefer to use Entertainment Attorneys
because they can pay the attorney by the hour, a flat fee, or on a contingency basis. The
non-attorney agent, by comparison, is not licensed to practice law or to give legal advice
and is only paid by commission. Thus, an author hoping for a substantial advance may
not want to pay the 15-20% commission to a non-attorney agent, especially if the author
already has knowledge of a publisher and when the non-attorney agent cannot draft
contracts or give legal advice. For more information about fees, please see FAQ
Question #4.
2. Question: So, is it possible for new writers to use Entertainment Attorneys
instead of a non-attorney agent?
Answer: Yes. New writers who are seeking to become professional authors often use
Entertainment Attorneys instead of non-attorney literary agents. A new writer is
welcome to submit his or her manuscript to an Entertainment Attorney and request
representation, especially if the manuscript is of publishable quality, and the author has
the education or background to enhance the legitimacy of the work. Entertainment
Attorneys call acquisitions editors at publishing houses, represent the manuscripts on
behalf of the authors, and then submit the manuscripts to the editors as requested. If
the publisher is interested and makes an offer, then the Entertainment Attorney will
negotiate the contract just like the attorney would do for an established author. For the
Entertainment Attorney, the literary agenting is a business transaction just like any other
business transaction where the attorney represents the client to a company or
individual. Although it depends on the interests of the Entertainment Attorney and his or
her willingness to work with new writers, the real determining factor is still the quality
and marketability of the manuscript.
3. Question: What exactly are the differences between an Entertainment Attorney
and the typical non-attorney literary agent?
Answer: There are numerous differences between an Entertainment Attorney and a
non-attorney literary agent. In fact, probably the only similarity that exists is that they
both have contacts with publishers to whom they pitch and submit manuscripts on
behalf of authors. Below is a list of some of the ways Entertainment Attorneys differ
from non-attorney literary agents. It is intended to be a general overview, and it is not
legal advice.
Education and Licensing Requirements:
- Entertainment Attorneys: Bachelors Degree, Law Degree from an accredited law
school, state Bar Exam passage, Multi-state Professional Responsibility (Ethics) Exam
passage, current state Law License, and annual Continuing Legal Education
requirements.
- Non-attorney agents: None.
Ethics Rules:
- Entertainment Attorneys are required by the State to follow strict ethics rules.
- Non-attorney agents are not mandated by the State to follow any rules. Some agents
claim to follow ethics rules created by voluntary agent associations such as AAR, but
there is no enforceability and no legal consequences for not following the rules.
Advertising Rules:
- Entertainment Attorneys are required by the State to adhere to strict rules regarding
advertising, and they must submit their advertising to the State for approval in order to
prevent misrepresentations.
- Non-attorney agents are not required by the State to follow advertising rules or to
submit their advertising for approval.
Client funds:
- Entertainment Attorneys are required by the State to adhere to strict rules regarding
the separation of, and maintenance of, client funds.
- Non-attorney agents are not required by the State to follow any rules regarding client
funds.
Fees:
- Entertainment Attorneys are required by the State to adhere to strict rules regarding
the types of fees (including retainers, hourly fees, flat fees, and contingency fees) that
can be charged to clients and under what circumstances fees will be charged. They
are also prohibited from sharing legal fees with non-lawyers.
- Non-attorney agents do not charge upfront fees, hourly fees, or flat fees, and they are
paid only by commission on actual sales.
Confidentiality and Duty of Loyalty:
- Entertainment Attorneys must follow strict rules regarding confidentiality and maintain
a duty of loyalty to their clients.
- Non-attorney agents have no such rules regarding confidentiality or loyalty.
Conflict of Interest:
- Entertainment Attorneys must follow State rules regarding conflicts of interest and
must avoid taking actions that would have a negative impact on their clients.
- Non-attorney agents have no comparable rules regarding conflicts of interest.
Duty to Keep Informed:
- Entertainment Attorneys must follow State rules regarding the duty to keep clients
reasonably informed about the lawyer's work for the client.
- Non-attorney agents have no rules regarding contact with clients or keeping them
reasonably informed.
Location and Accountability:
- Entertainment Attorneys must keep their law practice information current with the State
and notify both the State and clients regarding any changes to their office location.
- Non-attorney agents are not required by the State to keep anyone informed of their
business or location.
Practice of Law:
- Entertainment Attorneys are authorized and licensed to practice law and are paid for
their representation and advice.
- Non-attorney literary agents are prohibited from practicing law, which means they are
not supposed to give legal advice about contracts or other matters. One reason
non-attorney agents do not charge fees, except for commission, is because they are
prohibited from giving and charging for legal advice.
These are just some of the differences between Entertainment Attorneys and
non-attorney literary agents.
Entertainment Attorney to help get him or her published, as opposed to a
non-attorney literary agent?
Answer: While it is true that established authors commonly use Entertainment
Attorneys, it is not to the exclusion of new writers. It is up to the author, new or
established, to decide if he or she wants to hire an Entertainment Attorney instead of or
in addition to a non-attorney agent. As for published authors and other people who
know the industry well and have established contacts with publishers, they typically hire
Entertainment Attorneys specifically to negotiate, review, and even draft the publishing
contracts in order to ensure they get the best possible deal from a publisher. Because
the author has knowledge or contact with the publisher already, and may even have an
offer on the table, there is no need for agenting, and thus, no need for a non-attorney
agent. Also, keep in mind that many authors may prefer to use Entertainment Attorneys
because they can pay the attorney by the hour, a flat fee, or on a contingency basis. The
non-attorney agent, by comparison, is not licensed to practice law or to give legal advice
and is only paid by commission. Thus, an author hoping for a substantial advance may
not want to pay the 15-20% commission to a non-attorney agent, especially if the author
already has knowledge of a publisher and when the non-attorney agent cannot draft
contracts or give legal advice. For more information about fees, please see FAQ
Question #4.
2. Question: So, is it possible for new writers to use Entertainment Attorneys
instead of a non-attorney agent?
Answer: Yes. New writers who are seeking to become professional authors often use
Entertainment Attorneys instead of non-attorney literary agents. A new writer is
welcome to submit his or her manuscript to an Entertainment Attorney and request
representation, especially if the manuscript is of publishable quality, and the author has
the education or background to enhance the legitimacy of the work. Entertainment
Attorneys call acquisitions editors at publishing houses, represent the manuscripts on
behalf of the authors, and then submit the manuscripts to the editors as requested. If
the publisher is interested and makes an offer, then the Entertainment Attorney will
negotiate the contract just like the attorney would do for an established author. For the
Entertainment Attorney, the literary agenting is a business transaction just like any other
business transaction where the attorney represents the client to a company or
individual. Although it depends on the interests of the Entertainment Attorney and his or
her willingness to work with new writers, the real determining factor is still the quality
and marketability of the manuscript.
3. Question: What exactly are the differences between an Entertainment Attorney
and the typical non-attorney literary agent?
Answer: There are numerous differences between an Entertainment Attorney and a
non-attorney literary agent. In fact, probably the only similarity that exists is that they
both have contacts with publishers to whom they pitch and submit manuscripts on
behalf of authors. Below is a list of some of the ways Entertainment Attorneys differ
from non-attorney literary agents. It is intended to be a general overview, and it is not
legal advice.
Education and Licensing Requirements:
- Entertainment Attorneys: Bachelors Degree, Law Degree from an accredited law
school, state Bar Exam passage, Multi-state Professional Responsibility (Ethics) Exam
passage, current state Law License, and annual Continuing Legal Education
requirements.
- Non-attorney agents: None.
Ethics Rules:
- Entertainment Attorneys are required by the State to follow strict ethics rules.
- Non-attorney agents are not mandated by the State to follow any rules. Some agents
claim to follow ethics rules created by voluntary agent associations such as AAR, but
there is no enforceability and no legal consequences for not following the rules.
Advertising Rules:
- Entertainment Attorneys are required by the State to adhere to strict rules regarding
advertising, and they must submit their advertising to the State for approval in order to
prevent misrepresentations.
- Non-attorney agents are not required by the State to follow advertising rules or to
submit their advertising for approval.
Client funds:
- Entertainment Attorneys are required by the State to adhere to strict rules regarding
the separation of, and maintenance of, client funds.
- Non-attorney agents are not required by the State to follow any rules regarding client
funds.
Fees:
- Entertainment Attorneys are required by the State to adhere to strict rules regarding
the types of fees (including retainers, hourly fees, flat fees, and contingency fees) that
can be charged to clients and under what circumstances fees will be charged. They
are also prohibited from sharing legal fees with non-lawyers.
- Non-attorney agents do not charge upfront fees, hourly fees, or flat fees, and they are
paid only by commission on actual sales.
Confidentiality and Duty of Loyalty:
- Entertainment Attorneys must follow strict rules regarding confidentiality and maintain
a duty of loyalty to their clients.
- Non-attorney agents have no such rules regarding confidentiality or loyalty.
Conflict of Interest:
- Entertainment Attorneys must follow State rules regarding conflicts of interest and
must avoid taking actions that would have a negative impact on their clients.
- Non-attorney agents have no comparable rules regarding conflicts of interest.
Duty to Keep Informed:
- Entertainment Attorneys must follow State rules regarding the duty to keep clients
reasonably informed about the lawyer's work for the client.
- Non-attorney agents have no rules regarding contact with clients or keeping them
reasonably informed.
Location and Accountability:
- Entertainment Attorneys must keep their law practice information current with the State
and notify both the State and clients regarding any changes to their office location.
- Non-attorney agents are not required by the State to keep anyone informed of their
business or location.
Practice of Law:
- Entertainment Attorneys are authorized and licensed to practice law and are paid for
their representation and advice.
- Non-attorney literary agents are prohibited from practicing law, which means they are
not supposed to give legal advice about contracts or other matters. One reason
non-attorney agents do not charge fees, except for commission, is because they are
prohibited from giving and charging for legal advice.
These are just some of the differences between Entertainment Attorneys and
non-attorney literary agents.
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ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY THE INFORMATION PRESENTED ON THIS
PAGE. AN ATTORNEY-CLIENT RELATIONSHIP DOES NOT EXIST UNTIL A WRITTEN AGREEMENT
TO THAT EFFECT IS SIGNED BY BOTH PARTIES.
ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY THE INFORMATION PRESENTED ON THIS
PAGE. AN ATTORNEY-CLIENT RELATIONSHIP DOES NOT EXIST UNTIL A WRITTEN AGREEMENT
TO THAT EFFECT IS SIGNED BY BOTH PARTIES.
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