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8. A) The Association believes that the practice of literary agents charging clients or potential clients for reading and evaluating literary works (including query letters, outlines, proposals, and partial or complete manuscripts) is subject to serious abuse that reflects adversely on our profession. Members should be primarily engaged in selling or supporting the selling of rights and services on behalf of their clients, i.e. members should not be primarily pursing freelance editorial work and misrepresenting themselves as literary agents or support staff of a literary agency. Members may not charge any reading fees for evaluating work for possible representation. However, members may provide editorial services in exchange for a fee to authors who are not clients, provided members adhere to the following provisions:
I) Members who render such services must make clear to the author in writing in advance that the rendering of such services does not indicate or imply that the member will represent the author as a literary agent and must provide to the author at the outset a copy of this Paragraph (8A-8B) of the AALA Canon of Ethics; and
II) if during or after the rendering of such services the member agrees to represent the author, the member must then return in full all payments received for such services prior to submitting the work and waive any further payments for such services for that author; and
III) to help prevent confusion, abuse, and to further separate paid editorial services from literary representation, at no time may members respond to an author who approaches them only for literary representation by instead suggesting or directing the author to pay for editorial services by the member or by anyone else financially associated with the member or member’s agency. Members must provide paid editorial services only to authors who have approached them directly for such services.