Checklist for Authors

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The following set of questions are helpful when considering any agency.  The answers will give you more information about Richard Henshaw Group.

1.  Is your agency a sole proprietorship?  A partnership?  A corporation?

My agency is a partnership.

2.  Are you a member of the Association of Authors' Representatives?

I am a member of the AAR

3.  How long have you been in business as an agent?

I have been in business as an agent for 18 years.

4.  How many people does your agency employ?

My agency employs two people.

5.  Of the total number of employees, how many are agents, as opposed to clerical workers?

I am the primary agent in my agency with assistance from an associate agent.

6.  Do you have specialists at your agency who handle movie and television rights?  Foreign rights?  Do you have sub-agents or corresponding agents overseas and in Hollywood?

In addition to being knowledgeable of domestic markets, I am a specialist in foreign rights.  I also work with sub-agents overseas and in Hollywood.

7.  Do you represent other authors in my area of interest?

In fiction I have worked with writers of mysteries, thrillers, science fiction, fantasy, horror, historical, young adult, literary, and mainstream.  In non-fiction, I have worked with true crime, popular reference, popular culture, health and fitness, how-to, celebrity biography, business,  medicine and cookbooks. 

8.  Who in your agency will actually be handling my work?  Will other staff members be familiar with my work and the status of my business at your agency?  Will you oversee or at least keep me apprised of the work that your agency is doing on my behalf?

I am primary agent for all of my clients.  While I do not document every activity that I make on behalf of a client, it is my practice to send copies of any rejections that I receive along with a note indicating my subsequent submission, if that has been determined.

9.  Do you issue an agent-author contract?  May I review a specimen copy?  And may I review the language of the agency clause that appears in contracts you negotiate for your clients?

I only issue an author-agent agreement under special circumstances.  It is my belief that if the relationship between an author and agent is not working out that either party should be able to terminate that relationship without the hindrance of a contract.  I do add an agency clause to every contract that I negotiate.  For the language of that clause please see the Agency Clause.

10. What is your approach to providing editorial input and career guidance for your clients or for me specifically?

The amount of editorial advice I give is determined by the salability of the particular project and an individual client's willingness and/or desire to receive this kind of feedback.  I consider it part of an agent's job to help a client maximize his/her potential in keeping with his/her reasonable career goals.

11. How do you keep your clients informed of your activities on their behalf?  Do you regularly send them copies of publishers rejection letters?  Do you provide them with submission lists and rejection letters on request?  Do you regularly, or upon request, send out updated activity reports?

I send copies of rejection letters.  I provide submission lists on request.  I send activity reports on request.

12. Do you consult with your clients on any and all offers?

I consult with my clients on any and all reasonable and bona fide offers.  An example of an offer that I might not bother a client with would be one from an independent producer with no credits who wishes to option a property for only a token fee.

13. Some agencies sign subsidiary contracts on behalf of their clients to expedite processing.  Do you?

I sign translation rights agreements on behalf of my clients to expedite the processing.  I do notify my clients of the sale, when I process the agreement, by letter or phone.  I've done this hundreds of times and only once has an author objected to a sale.  In that case I simply had my partner abroad intercept the contract on its way back to the publisher.

14. What are your commissions for: (1) basic sales to U.S. publishers; (2) sales of movie and television rights; (3) audio and multimedia rights; (4) British and foreign translation rights?

I receive a 15% commission on all sales to U.S. publishers, 15% on sales of movie and television rights, 15% on audio and multimedia rights, and 20% on British and foreign translation rights.

15. What are your procedures and time-frames for processing and distributing client funds?  Do you keep separate bank accounts segregating author funds from agency revenue?  

I usually process client funds within one week of receipt and always within ten business days.  I keep bank accounts that separate author funds from agency revenue.

16. What are your policies about charging clients for expenses incurred by your agency?  Will you list such expenses for me?  Do you advance money for such expenses?  Do you consult with your client before advancing certain expenditures?  Is there a ceiling on such expenses above which you feel you must consult with your clients?

I absorb all ordinary costs of doing business, such as phone calls, faxes, mailing and light photocopying.  A few exceptions are the cost of photocopying manuscripts and the cost of book orders for the marketing of subsidiary rights.  I consult with my client before incurring any expenses over $50.  For established clients, I typically advance the money for these expenses to my client and recover it from future earnings.  For clients for whom I have never made a sale,  I may request that they provide extra copies of a manuscript for the marketing.

17. How do you handle legal, accounting, public relations, or similar professional services that fall outside the normal range of a literary agency's functions? 

When a client has special needs that fall outside of the normal range of a literary agency's functions, such as special legal, accounting, or public relations advice and/or services, I can refer them to a knowledgeable professional.

18. Do you issue 1099 tax forms at the end of each year?  Do you also furnish clients, upon request, with a detailed account of their financial activity, such as gross income, commissions and other deductions, and net income, for the past year?

I do provide 1099 tax forms at the end of the year.  On request, I will furnish clients with a detailed account of their financial activity, such as gross income, commissions, and other deductions, and net income for the past year.

19. In the event of your death or disability, or the death or disability of the principal person running the agency, what provisions exist for continuing operation of my account, for the processing of money due to me, and for the handling of my books and editorial needs?

In the event of my death or disability, my partner (and wife) Liza Lambert Henshaw, who has a background in both publishing and management consulting and is actively involved in the administration of RHG, would oversee client accounts in cooperation with my subagents in Hollywood and abroad.  As far as editorial matters are concerned, if a client is not comfortable with her services, they are free to take new projects elsewhere.  (I'm 41 years old, however, and intend to live a long time.)

20. If we should part company, what is your policy about handling any unsold subsidiary rights to my work that were reserved to me under the original publishing contracts? 

My policy, as stated in my agency clause, is to continue to handle all unsold subsidiary rights.  There are many reasons why I take this position and I will be happy to explain these to any potential clients on request.

21. What are your expectations of me as your client?

Generally I would like to think that my clients strive to improve upon their craft with every new work.  I would also like to think that they will act reasonably and professionally with me, their editor and others in the publishing industry.

22. Do you have a list of Dos and Don'ts for your clients that will enable me to help you do your job better?