Swifties, Shifties, and That E-Biz Jazz: The Ethical Roles of Attorney/Literary Agents

Authors

Bruce S. Stuart

Abstract

It is no secret that attorney authors are making their mark on the book publishing industry as books by and about lawyers occupy more than a fair share of both THE NEW YoRK TIMES and PUBLISHER'S WEEKLY bestseller lists. But what about the lawyers behind the scenes-those who broker those bestseller deals? From the late literary agent extraordinaire Swifty Lazar to power literary deal maker Morton Janklow, this Article will examine how the attorney literary agent evolved and the ethical considerations incumbent upon attorneys who also don the hat of author representative.

This article will demonstrate through the use of scenarios the many potential pitfalls facing attorney agents and the ways to avoid them. Additionally, the ethical code for the Association of Authors' Representatives, America's premiere literary agent organization, will be compared with the American Bar Association's Model Code of Professional Responsibility. The 1978 California Talent Agency Act will also be discussed as an example of the statutory regulation of attorneys who represent writers.

Recommended Citation

Bruce S. Stuart, Swifties, Shifties, and That E-Biz Jazz: The Ethical Roles of Attorney/Literary Agents, 18 UC Law SF Comm. & Ent. L.J. 245 (1995).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol18/iss2/1