Do I Need an Agent or an Attorney? - podcast

When you are writing a book that includes sensitive material, you may wonder: Do I need a literary agent or attorney (or both)? Dana Newman, intellectual property attorney, helps you decide if you need an attorney or agent based on the typical roles and tasks of those resources. An attorney can help you draft and negotiate contracts and can also advise you on intellectual property issues. The disadvantage of an attorney is that he or she may not have the kinds of relationships with editors and publishers that will help you sell your work. On the other hand, a literary agent acts as your advocate and liaison with editors and publishers. An agent takes an active role in helping you prepare book proposals and manuscripts, submit your book, and negotiate a publishing contract. Literary agents should have experience working with intellectual property rights and negotiating contracts, but obviously they aren’t likely to have the same level of expertise in those areas as an attorney.