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There's one aspect of agent (and author) behavior I haven't seen discussed in the course of, well, ever. Fair warning: it's touchy.
Let's talk about poaching.
Let's talk about poaching.
What is poaching? Poaching is when an agent (say Agent B) knowingly pursues (or, in some cases, allows themselves to be pursued by) an author with an established and ongoing relationship with another agent (Agent A).
Perhaps Agent A has already invested time and effort and sold books for this author and helped establish the author’s promising career. Perhaps not. Perhaps they have a very functional, even successful, working relationship. Perhaps not!
I bet a few established authors you know have had an Agent B pop up after a big sale or impressive release. Maybe the author even left A to go with B. Poaching is (IMO) slimy and unethical, but it happens. There is typically very little recourse (usually zero) for Agent As.
From the outside, poaching can look like "trading up." For some authors or agents, maybe this seems like a matter of course: the bigger or more successful an author gets, the "bigger" their agent/agency should be, right? To be fair, only the client can decide that.
No author should feel pressure to stay with an agent that isn't a fit for them. If an author is having a rough patch with A, an offer from B—especially a "bigger" Agent B—can seem seductive. (And B gets the benefit of an established name without having to lay groundwork!)
But, no matter what rough patch you may (or may not!) be going through, it is always, always, always best to communicate with your Agent A, preferably before things get so bad that you'd rather jump ship abruptly than have a conversation with, ostensibly, your business partner.
Agents understand that partnerships may end. We know this is a competitive business. That's okay.
(Here comes a big, important part.)
(Here comes a big, important part.)
But agents and authors assume an equitable business partnership, and that means:
*Agents deserve the **same** courtesy of communication and investment* that authors (rightly!) expect.
*Agents deserve the **same** courtesy of communication and investment* that authors (rightly!) expect.
I don't think poaching is necessarily the sign of an incompetent agent. I don't think it's cancel-worthy. But it's not a transparent or ethical practice. It will harm your relationship with your former agent. And is it really the best foot to start your new agent relationship on?
Keep in mind, if you still have books on sub/deals in the works, you may still have to work with Agent A until those are complete. You'll still receive your royalty payments (may you be so lucky as to receive them) through Agent A/their agency in perpetuity. Be thoughtful.
I hope, in all this discussion about good, ethical behavior, that authors can have the grace, courtesy, and respect to sever their existing agent relationship fully before having conversations about representation with other agents.
I especially hope that Agent Bs can have the grace, courtesy, and respect to both avoid pursuing agented authors, and to tell agented authors who pursue them to sever their relationship with their Agent As before entertaining discussions about representation.
("Be a courteous publishing professional" should not be a spicy take, and is nowhere NEAR my spiciest take. And yet.)
(Also before anyone asks, I have never had a client poached from me! This isn't bitterness, just ethics!)
