2026 Revised AALA Canon of Ethics. Last Updated: August 28, 2026.

Effective Date: September 1, 2026

1. Conduct.  

The members of the Association of American Literary Agents, Inc. are committed to the highest standard of conduct, integrity, and accountability in the performance of their professional activities. While affirming the necessity and desirability of maintaining their full individuality and freedom of action, the members pledge themselves to loyal service to their clients’ business and artistic needs and will allow no conflicts of interest that would interfere with such service. They pledge their support to the Association itself and to the principles of honorable coexistence, directness, and honesty in their relationships with their co-members. They pledge not to abuse (sexually, verbally, physically or otherwise), discriminate against, harass, mislead, deceive, dupe, defraud, or victimize their clients, other members of the Association, the general public, or any person in their workplace or with whom they work or do business. And they pledge to fully cooperate in the Association’s investigation of any allegations of possible ethical violations. 

2.  Fiduciary.   

Agent Members must always act as fiduciaries to their clients.  As a fiduciary a member has a duty to: (i) put their clients’ interests first; (ii) act loyally and in good faith on clients’ behalf; (iii) exercise reasonable, professional care in keeping client  matters confidential; (iv) use reasonable, professional care, skill, and diligence in handling their clients’ business affairs related to their work as writers; (v) be transparent in accounting and in disclosing to clients  relevant information relating to actions taken on behalf of clients; and (vi) take appropriate steps when faced with a conflict of interest.

Subject to the terms of this Canon, members shall not represent both buyer and seller in the same transaction. Without limiting the applicability of this principle, members are prohibited from:         

A member may be found in violation of the Canon of Ethics if a person in the employ of the member or over whom the member has effective control violates the Canon in the course of that person’s work for the member.

3. Accounting and Payments.   

The requirements of this section 3 apply to members who are owners and/or administrators who have control over the accounts of an agency. Members who are not owners or administrators of an agency are encouraged to advocate for their agency to adopt these practices as well.       

However, if funds for a client are received more frequently than quarterly and if those funds do not exceed a total of $100, then payments to clients may be made less frequently as agreed in writing with the client, so long as when funds received exceed $100 or upon the client’s specific request, payment to the client shall be made within ten days thereafter.

In all cases, members shall exercise due diligence in promptly seeking supporting and attribution information for payments received.  

A member’s books of account must be open to the client at all times with respect to transactions concerning the client.

If a member receives in writing a claim to funds otherwise due to a client, the member shall immediately so advise the client in writing. If the member determines that the claim is serious, and that the funds should not be immediately remitted to the client because of the claim, the member shall proceed in accordance with the following procedure:

For a period not to exceed ninety days, the member may deposit the funds in question into a segregated interest-bearing account pending possible resolution of the dispute. No later than the expiration of that ninety-day period, if the dispute remains unresolved and the claimants do not otherwise agree with respect to the disposition of the disputed funds, the member shall take such steps as may be necessary to deposit the funds with a court of competent jurisdiction, with appropriate notice to the claimants, so that the claimants will have an opportunity to present to that court their claims to the funds. Upon so depositing the funds, the member will have complied with the member’s obligations under this Canon of Ethics.

4. Compensation and Charges.     

In addition to the compensation for agency services, including co-agent services,  that is agreed upon between a member and a client, a member may, subject to the approval of the client, pass along charges incurred by the member on the client’s behalf, such as copyright fees, tax form fees,  digital book scanning, photocopies, digital files or copies of books for use in the sale of  rights,  postage, special messenger fees, legal fees, bank fees, etc.  Members must communicate in written form a full, clear, and honest accounting of services, fees, charges, and commissions, and, upon client’s reasonable request, provide back-up documentation for charges/deductions made to the client’s account.     

5. Transparency and Disclosure.    

A member shall keep clients apprised of activities and services performed on behalf of clients.  A member shall promptly furnish a client such information regarding activities and services performed on behalf of client as the client may reasonably request.   

6. Payments from Third Parties; Referral Fees. 

Members may not receive a secret payment in connection with any transaction involving a client. If such a payment is received, the member shall promptly pay over the entire amount to the client.      

Referring clients to third parties must be made with the client’s best interests in mind:  referrals must be made solely based on the third party’s suitability, considering the client’s needs, wishes, budget, schedule, etc.   

Members may not seek or solicit any payment or other thing of value in connection with their referral of any author to any third party.

If a third party is known to pay referral fees or other things of value to those who refer to them, that must be disclosed to the client at the time the referral is made. If a member accepts any payment or thing of value from a third party, that financial relationship and the amount or thing received must be timely disclosed to the client to ensure that the client is aware and agreeable to such arrangement. 

7. Confidentiality.  

Members shall treat their clients’ financial affairs as private and confidential, except for information customarily disclosed to interested parties as part of the process of placing rights, sorting out claims to compensation by third parties or as required by law, or, if agreed with the client, for other purposes.    

8. No Reading Fees 

Members may not charge any reading fees for evaluating work for possible representation. The AALA believes that the practice of literary agents charging clients or potential clients for reading and evaluating literary works (including authors’ query letters, outlines, proposals, and partial or complete manuscripts) to determine whether to represent those works is subject to serious abuse that reflects adversely on our profession.   

Members who participate in writers’ conferences or teach classes at schools may receive compensation from entities that run them, even if part of the members’ duties involve evaluating literary works. However, members may not accept compensation for evaluating literary works directly from authors. 

9. Paid-For Editorial Services.        

Member agents may not charge clients for editorial services in preparation for the agent’s submission of a work to publishers.  

A member agent may not condition representation of a non-client on use of their editorial services. 

If a member is hired by a non-client to perform editorial services, and the member later agrees to represent the author as their literary agent, the treatment of monies paid for editorial services performed prior to representation shall be subject to mutual agreement between the member and the prospective client. The agreement must be arrived at the time editorial services commence. A member may not retroactively charge for editorial services.

10.  Other Paid-For Services Offered to Clients.       

A member or member’s agency may employ staff or specialists to aid clients in other areas such as marketing, promotion, web design, or other work, for a fee to be mutually agreed.  However, literary representation of any client must not be contingent upon the client engaging the member or any third party referred by the member for other paid services. For avoidance of doubt, the intent of this clause is to allow members flexibility and independence in their compensation structures and the services they provide while avoiding the potential for abuse.   

Members who provide clients with such other paid services must inform clients in advance that they are not required to use the member or the member’s agency to perform such services and are entitled to use the services of third parties of their own choosing.

 11.  Paid-For Services Offered to Non-Clients.      

         a.    Members may offer editorial or non-editorial services (e.g. web design, social media consultation, creation of promotional content) to non-clients.  However, the member must make clear to the non-client in writing in advance that the rendering of such services does not indicate or imply that the member will represent them as a literary agent.  Further, if the member will not be personally providing the service, the member shall disclose who will be performing the service/s and their relationship to the member.   

         b.    To avoid the possibility of abuse, members may not respond to an author who approaches them only for literary representation by instead directing the author to pay for services by the member or by anyone financially associated with the member or member’s agency.   

12. Publishing.       

While the AALA does not encourage its members to act as publishers of their clients’ work because of the inherent conflicts, doing so may be permissible if the member and client fully execute the “Consent Regarding Publication” or a similar agreement containing all of its substantive provisions  

13. Evaluations for Charitable Purposes.       

The AALA recognizes that from time to time agents are asked to provide evaluations of non-client authors’ works for fundraising purposes. The foregoing prohibition on reading fees shall not apply where a member provides such services if all the following conditions apply:  

         a.    any payment therefor is made directly to a charity, as part of a fundraising effort for a third party, or to an established educational or non-profit institution;  

         b.    the member shall personally create the evaluation and provide it within a reasonable time;   

         c.    the member does not in any way benefit financially from the activity; and  

         d.    the member conducts the activity in an honorable way fully consistent with the AALA Canon of Ethics.