[darryl]

@pwalker8. I have little experience so far as publishing contracts are concerned. Kris Rusch does. As does PG of the Passive Voice blog fame. He commented somewhat flippantly at the end of the post HERE that:

He’s never actually seen a contract from Big Publishing that did not include unfair provisions, but perhaps one exists somewhere. In a virtual universe.

I quote Kris Rusch because what she says makes sense. She points out the built-in conflict of interest between the agent's interest in maintaining good relationships with publishers and representing their client's interest. Or of course their own interests. Nate over at the Digital Reader posted THIS recently. The conduct described in the notable quote immediately below would seem to amount to criminal conduct if the agreement is not disclosed to the client.

Over the past decade a number of the larger talent agencies had developed the practice of negotiating their own contracts with studios that created conflicts of interest between the agents and their putative clients.

THIS link illustrates a case where no disclosure seems to have been made.

This does not of course mean that all agents are bad. But it does illustrate the dangers inherent in dealing with even larger well respected agencies. Most authors seem to get on very well with their agents right up until the point things go sour.

Kris Rusch also points out that agents seldom hold legal qualifications, and may well be breaking the law when they advise on and negotiate contracts. My current view, admittedly as an outsider, is that only authors who are seeking traditional publication need an agent, and only then to reach publishers who essentially deal only through agents or even particular agents. I would advise any author who goes this way to retain a lawyer to advise and negotiate any contract which may result, though I expect many agents will prove to be resistant to doing so.