From a writer: time to get a new agent? How do I do it?
June 22, 2017 4:08 PM   Subscribe

TLDR version: I'm a published author with a well-respected agent who has seriously let me down. But he's the only agent I've had, so maybe I'm being unrealistic and should just be patient. My contract doesn't say I *can't* look for new agents while he represents me, but I can't find a clear answer as to whether or not this is generally frowned-upon. Any other writers have thoughts on this?

OK, here's the history. When I first signed on with my agent (we'll call him A), he was amazing. He really knocked it out of the park for me, and I got a very good deal in only a few months. Over the years, his agency has grown substantially, and he now employs other agents. I wrote my books, fulfilled my deal, and now I rarely hear from him. He's sitting on multiple manuscripts of mine, but he's been sitting on them for about two years. When I ask for updates, it takes him weeks to respond if he even responds at all.

Whenever I start to think I'm being ghosted, however, he'll call me out of the blue and say all kinds of encouraging things about my work. He'll give me a list of action items and decisions to make, and it sounds like he's ready to hit the ground running. Then... nothing. For months. Every goddamn time. The few times this has NOT happened were cases where my work was optioned for other use, and then someone ELSE took over the bulk of the negotiating.

Meanwhile, one of his senior agents (I'll call her B) has become a good personal friend of mine. She carries more of the agency's clients than my own agent does, but she pushes hard for every single one of them. She even promotes me, and she's not my agent. But because she's not my agent, she can't shop my work around. For all I know, my agent is actually doing something with my work, but I can't get any answers out of him. :/

I don't know what to do. I wish I could jump A's ship and get on board with B, but I'm sure that's highly inappropriate. All the articles I find about this sort of thing say "It's time to dump your agent!" but those same blogs are rife with bad info about publishing in general. If I do end this relationship, I worry I'll never get another one. It was rare luck that I got the one I have, and he's got the kind of name recognition where other authors at literary events are like "HOW did you get HIM?" Name recognition like that means zilch if they aren't working for you, but it still has me like "What if I don't know how lucky I am?"

So, my general questions are - should I terminate my agreement and move on? Or should I put feelers out there before I terminate? Should I have a talk with A first, and how should I phrase my concerns if so? Anyone else been through this?
posted by Mismatched Socks to Writing & Language (23 answers total) 3 users marked this as a favorite
 
Best answer: Okay, I have done this, and I have done this with one of those "OMG THAT IS YOUR AGENT!?" agents. You're not happy. It doesn't sound like talking to him is going to make you happy. You can't change the way someone does business.

You might be able to change the way he communicates with you-- but he has inexcusably been sitting on your manuscripts for years. He *wants* to get rid of you and doesn't want to pull the trigger.

So pull the trigger. Check the contract you signed with him. There should be a termination clause. Follow that-- probably, you need to notify your agent in writing (snail mail) that you are terminating your partnership. You're giving him 30/60/90 days notice and request that he withdraw any material he has under submission within that time period.

Then you WAIT FOR THAT TIME PERIOD TO END. You can talk to your agent friend about possible representation. (This may not be possible if you have an agency agreement, but presumably your agent friend knows the rules for their own contracts.)

You can even research other agents. But until your old agent is officially and completely fired, do not sign with a new one. If you do, and that agent sells something, your former agent can legitimately claim THEIR 15% too. (Agents can and have sued over this; don't mess with it.)

Once your agreement is fully terminated, then go forth and sign away. Just understand that your former agent will STILL always be the agent of record on anything that he sold during your partnership. He will be a pain in the ass about royalties or other issues. But, you will be free of him going forward. A bad agent is worse than no agent, trust me on this.

If you have any other questions, just drop me a Memail! Good luck!
posted by headspace at 4:49 PM on June 22, 2017 [16 favorites]


Wait wait wait - B works with him, and she's your friend? Why don't you ask her? Take her out for tea or beer and then say, "Listen, I have something sort of sensitive I want to ask you..." She almost certainly knows more about this situation than any of us. While you shouldn't sign with anyone else without clearing it with A, a conversation should be fine (and seems advisable, before you jump ship under the assumption that you could sign with B.)
posted by pretentious illiterate at 5:00 PM on June 22, 2017 [2 favorites]


Response by poster: Thank you, headspace, that is amazingly helpful advice!

pretentious illiterate - I really wish I could ask B, but with A being her boss, I feel that might cross some lines and put her in an awkward position. I don't want to do that to her. (If we were talking about editors or anyone else, it would be a different story.)
posted by Mismatched Socks at 5:06 PM on June 22, 2017 [1 favorite]


Ask her anyway. Don't ask if she can represent you, but ask what's going on with him, if she knows a better way to approach him to get better communication, if there's anything going on that you should know about.

Also, reach out to him and say that you understand he's busy but the months of silence have you very worried and you'd like a monthly phone call/email/whatever going forward and see how he responds.

Also, maybe check out Janet Reid's blog; she answers a lot of questions like this and has pretty great advice.

I suspect there's no way to go from A to B as your agent unless A *wants* that, but there is definitely a way to get rid of him and get a new agent.
posted by gideonfrog at 5:28 PM on June 22, 2017


Oh, Lord, don't ask her prior to terminating with A, as outlined by headspace. B's agreement with A may or may not allow her to take clients she met through their being represented by A without A's consent (probably not), but you definitely should not put her in a position where she could be accused of poaching.
posted by praemunire at 5:41 PM on June 22, 2017 [4 favorites]


B is at the same agency? Talk to her. Tell her your guy is being a lousy agent. Say you're thinking of leaving him. See what she says. Maybe she'll offer to be your primary. Maybe she'll light a fire under A's ass. Wait a short period of time, and if you're not hearing good things from her or him, start talking to other agencies. See if there's anyone out there who wants you and your manuscripts.

Stop dithering. Your agent isn't agenting you, and this is your career. (My background: extensive experience in film industry; watched my close friend deal w/exactly this in the milieu of the biggest/best agencies in Hollywood; watched my close friend's career soar after leaving Agency A, where they were doing exactly as you describe, and signing with Agency B; also, I'm currently a book editor, albeit one who doesn't deal w/agents).
posted by BlahLaLa at 5:55 PM on June 22, 2017 [1 favorite]


Also, it's not highly inappropriate to move from A to B, when they're at the same agency. The money is staying in the agency. If they want you as a client, they want you as a client, full stop. Especially if the other option is you leaving.
posted by BlahLaLa at 5:56 PM on June 22, 2017 [3 favorites]


Response by poster: praemunire's comment about poaching is another reason I don't think I should bring this up with B. It's just really shaky ground, and I wouldn't want to put a friend through that. I don't even think A's a bad guy - I genuinely believe that if he felt B would be a better fit for me, he'd arrange that. But I think I should address this as properly as possible or I risk some damage, and not just to me. Boy, do I wish I could bend B's ear, though!
posted by Mismatched Socks at 6:02 PM on June 22, 2017


It's not poaching if it's the same agency. And think of it another way: you're gonna leave the agency without giving your good friend B a heads-up? B, who could possibly retain you and your commissions? That is the bigger sin, I assure you.
posted by BlahLaLa at 6:21 PM on June 22, 2017 [1 favorite]


I would be honest with A. Call him. Tell him you are unhappy with your representation of late and that you were even considering leaving. Tell him you would prefer to work it out with him, but if that is not possible, 2nd choice is to stay at his agency with a different agent, maybe suggest B. Listen to his response. You can always go to option 3, terminate the relationship and go to another agency.

He has the most information about what is going on. He may or may not be willing to be forthright with you, but it is worth asking him.
posted by AugustWest at 6:54 PM on June 22, 2017 [4 favorites]


Yeah, you need to be honest with your agent and ask him what he thinks should be done. He will either (A) get his sh*t together, or (B) may even suggest you transfer your work to someone else like your B. He presumably wants you to be happy.
posted by xammerboy at 7:07 PM on June 22, 2017


I agree very much with headspace, whose advice is right on and exactly the way you handle it. (I say this as someone who has also done this; it was 100% the right choice.) I also want to note that authors change agents often, so as scary and stressful as this seems, it's very usual and happens all the time. I know a lot of writers and more than half of us are on Agent #2. You are not being unreasonable. At all.

I frankly would not have the come-to-jesus and see if he changes chat -- if this guy were invested in you, he would not be sitting on your manuscripts for years. At best, you will be postponing the inevitable, I think.

You will find someone who is a better fit, and be SO RELIEVED you did this, I promise you.
posted by Countess Sandwich at 7:22 PM on June 22, 2017 [3 favorites]


I think you're probably better off without B as well. If B is a good personal friend now, putting her in the position of being your agent could end that. Professional relationships can benefit from being friendly, but I don't know that she could be a friend in the same way.
posted by rikschell at 7:36 PM on June 22, 2017


The money is staying in the agency.

The money is not staying in A's pocket. B is presumably not working on salary. Rather, she has some kind of commission split with A, which is certainly not going to be 100/0 his favor. Some people under some circumstances would believe that OP was going to leave anyway and would rather save a fraction than lose all. Some would just see B as a poacher. Believe me, A did not bring B into the agency so that she could woo his clients that he developed away from him.

Which is not to say OP can't approach B--just not while she's still being represented by A. And B may or may not be free to take her on.
posted by praemunire at 7:59 PM on June 22, 2017


Hey there, I'm another author-type. I have changed agents now twice. It was an awful process each time--like processing a divorce, really. Both of my agents were nice people, okay agents, but I felt many of my needs were going unmet with both of them--and, in fact, both left the industry shortly after.

Both of these agents took a ridiculous long time to turn work around by industry standards, and they were both way, way faster than 2 years. Two years is completely 100% unacceptable. How are you supposed to live? To eat? That is ridiculous.

Also, while I know some agents prefer not to do this (or some authors prefer not to have this info), if you can, you should always know what is going on with submissions. Who, what, when. I have seen/heard of really really crappy agents who fabricated submissions lists--this actually happens!--or who didn't submit manuscripts at all when they claimed to.

Other people have covered the etiquette, but you should definitely terminate this relationship and see what else is out there. You have multiple finished manuscripts, so you're in a great position to query again. I think once you pull the trigger you will be so glad that you did!
posted by PhoBWanKenobi at 10:35 PM on June 22, 2017 [6 favorites]


Wait, he's been sitting on your work for TWO YEARS without response? What the actual fuck. I actually wonder if this guy is trying to force you to fire him because he lacks the balls to do it himself. Terminate him, put you both out of your misery, find someone who actually wants your business and don't look back.
posted by Jubey at 3:03 AM on June 23, 2017


One thing you might want to do is very carefully look over your contract. Is there a clause in there that says your current agent gets a cut of sales for any work he repped/"helped develop" for you? Because that's common in agent contracts, and it means any work he's sat on he has some rights to, in addition to a new agent you sign with, who'll take your average 15-18% for print. You may be able to avoid this problem if you sign with B. In any case, it's worth consulting the lawyers at the Authors' Guild.
posted by Miss T.Horn at 10:35 AM on June 23, 2017 [2 favorites]


Absolutely consult a lawyer about the contract you signed with A before doing anything else (if only so you have an accurate map of the territory going forward), and then get out in the least damaging way possible. Do not give him another chance. Two years is insane.
posted by schadenfrau at 10:48 AM on June 23, 2017 [1 favorite]


I've done this too. My agent was a nice person, but slow and suggested all sorts of edits that were unnecessary (and I'm not being touchy about edits -- I'm talking over a year of back and forth with long waits in between.). I knew about another agent I had talked to before I chose the first one, and I contacted her and asked if she would still be willing to take me on. Then I gave the 30 days notice. It was painful, but once I ripped the bandaid, it was so much better. My new agent sold my book in a month, and has been amazing since. We've now been together for years and I can't believe I waited so long to switch.
posted by EtTuHealy at 11:39 AM on June 23, 2017 [2 favorites]


Oh I should add that I told my old agent first about my reservations to give him a chance to shape up. He didn't even respond to the email (gave him 2 weeks), so that made the decision easier. I would consider talking to your agent first.
posted by EtTuHealy at 11:47 AM on June 23, 2017 [2 favorites]


Absolutely consult a lawyer about the contract you signed with A before doing anything else (if only so you have an accurate map of the territory going forward), and then get out in the least damaging way possible. Do not give him another chance. Two years is insane.

In my experience contracts are usually pretty straightforward--they'll specific terms of ending the relationship. In one case, I hadn't signed anything and had a handshake agreement, and just told the agent I was giving my notice and asked what was required. They will be able to tell you.

It's considered really poor form to put out feelers for another agent before you dissolve your relationship with the first one, though sometimes it does work out. You'll do okay querying, though. Querying as a published author is completely different than querying as a newbie. Ask your writer-friends for recommendations, too.
posted by PhoBWanKenobi at 11:48 AM on June 23, 2017 [1 favorite]


Response by poster: In my experience contracts are usually pretty straightforward--they'll specific terms of ending the relationship. In one case, I hadn't signed anything and had a handshake agreement, and just told the agent I was giving my notice and asked what was required. They will be able to tell you.

Yeah, the text of my contract is relatively short and pretty straightforward too. I know what to expect. And while he's been super evasive for a while, I still feel like A would handle this professionally enough not to try any funny business. Fun fact: I went back and looked at our first communications where he courted me for his agency, and he listed all the clients he had at the time. Almost all of them are represented elsewhere now. I wonder how long his current batch will stick around.

Anyway, my gut feeling is that he's already done with me but doesn't want to be the bad guy. The agency and their list feel like a family to me otherwise, so I would love to stay there under someone else's wing, but I also feel like that should be their call, not mine. That said, if that was something they had even considered, I don't know why A wouldn't have already suggested it. I know people whose agents have told them, "I don't think I'm the right choice for you anymore, but here's someone who might be." My guess is this isn't what they want to do.

Thanks for the incredibly helpful advice, guys!
posted by Mismatched Socks at 1:46 PM on June 23, 2017 [1 favorite]


Response by poster: Follow-up: wanted to let the dust settle a little bit before I posted an update, but I basically hemmed and hawed over the right course of action for a while longer. Then I buckled and told my agent what I was thinking and asked if it was time to have a conversation (I know, I know). I was expecting, "Yeah, it's time to call it quits" but, oddly, that's not what happened? Instead, he assured me he still felt I was his strongest writer, and he promised me the moon if I'd give him another chance... even set a hard deadline to prove himself. Weird, yeah? I had my doubts but agreed. Annnnnd he failed. Never even acknowledged it. Just vanished as usual. So, I finally ripped the band-aid off and fired him. Those of you who said I shoulda just done it to begin with were right. But who ever got good advice and actually followed it the first time, right?

I haven't started looking for anyone new just yet. I want to polish up some new material first. But it feels good. Well, no, it mostly sucks. BUT it feels good that I finally did what should've been done. Thanks for the advice and encouragement!
posted by Mismatched Socks at 12:03 PM on October 31, 2017


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