When to Cut Ties with Your Agent

I’ve talked a lot about the author-agent relationship and imagine that there are a lot more posts on that topic in my future. I’ve certainly covered how to fire your agent when she is ignoring you, but what about the agent who is paying attention to you, but just can’t seem to sell your work? How do you know when to cut ties with this person?

The really difficult part about answering this question is that I can’t, really. I can give guidance, but making the decision to fire an agent is really personal and, frankly, I always feel that if you’re asking that question you’re probably ready to let go. I’ve often likened the author-agent relationship to dating or marriage, in a business sense, and I think this is no different. How often have you dated someone and known long before it was over that it was over, but instead of doing anything about it you just went along with the way things were simply because it was easier? If you say never, then you are either lying or you married the one and only person you ever dated, because at one point or another I think we’ve all done that. Okay, maybe it wasn’t dating, maybe it was a friendship, or your agent. . . .

Here’s the deal: if you feel your agent has lost confidence in you or your work or you feel that you need to be going in a direction that your agent doesn’t seem to want you to go in, you need to have a conversation. After nearly ten years in business it should come as no surprise that I too have had clients fire me. I don’t think any of us have gone our separate ways feeling any animosity for each other, at least I didn’t, but in at least a couple of instances I felt like the client was really, truly, for the first time telling me what she wanted, when she fired me. Communication can make all the difference in any relationship, and if you’re not good at it, now is the time to practice. Call your agent up; if she’s not ignoring you, then she’s presumably taking your calls, and have an honest conversation about your concerns, what you’re feeling, and what you would like to see more of. If you have a good agent she’ll be just as honest back, and at that point you’ll know whether this relationship is really going to work. Are the two of you now on the same page? Do you think you can continue to work together?

If the conversation didn’t go as you had hoped or you still really feel that this is no longer working, then it’s probably time to cut and run. Listen, no one can tell you when to break up with your boyfriend, divorce your husband, quit your job, or fire your agent. Sadly these are all decisions we need to make on our own, in our own time. The author-agent relationship is sacred; the agent is the one person in your career who you can consistently count on to be in your corner, and if you’re not feeling the love, maybe it really isn’t there.

As for the question of firing an agent because she can’t sell your work, well, that’s a personal decision too. There is no time frame on when a work should sell or if a work should ever sell. What you want, though, is an agent who continues to believe in you and your work and is willing to stick by you. Remember, though, an agent, like an author, can have periods where she too feels discouraged and upset. If we’re excited about something and it doesn’t sell, you have to give us the same mourning period you give yourself. It’s only natural.

Obviously I’m one side of this equation. What about authors? Any advice?

Jessica

Freakishly Unresponsive, Mysteriously Silent, Information-Withholding, Possibly Jekyll-and-Hydeish, Raging-Headache-Inducing, No Good, Very Bad

The title comes straight from the questioner herself. It’s so brilliant I had to use it . . .

Here’s the deal. I received a question from a reader in which she’s dying to fire her agent. She really wants to fire her agent, but said agent won’t answer her phone calls or emails . . . in over seven months. I must be in a mood today because your predicament, while obviously horrible and frustrating, made me laugh. I’m constantly asked about agents who don’t respond, but it never dawned on me that when they don’t respond you can’t even fire them. That is really annoying!

Send a letter. Send a certified letter announcing her immediate dismissal. If you have a written contract, use that as your guide. In the letter demand that she send you, within 14 days of receiving the letter, a list of publishers who have reviewed the proposal as well as those who might still have it or have rejected it. And, since she’s so unresponsive (and kind of mean, based on your email), I would insist that she pull all submissions currently under consideration. In other words, I would break all ties cleanly. Get out from under her thumb altogether.

You also asked if you should consult a lawyer for the list. That’s up to you. Is this a proposal you’re hoping to take to another agent? You could threaten a lawyer. If you haven’t seen the list after your letter is received, you could follow up with a letter insisting that the list be sent or you will be calling your attorney. Something like that. I don’t know why it can sometimes be so difficult to get this information out of an agent. I supply a list the minute the submission goes out and keep my clients regularly updated on where else it might be, who else has requested it and, of course, when the rejections come in. It’s a team effort and team efforts don’t work unless everyone knows the plays.

If it is a proposal you want with another agent, the submissions you pulled should be able to be re-sent at a later date. If not, let it die out and move on to another agent with another book.

I apologize on behalf of agents everywhere for this person’s behavior and hope that your next will be as wonderful as me ;)

Just kidding! (See, clearly I’m in a mood.)

Jessica

Divorcing Your Agent

Is it ethical to query agents, just to gauge interest in my work, while still represented by an agent? While I can understand the analogy about not quitting one job until you've lined up another, I think that a writer's relationship with an agent is more like a marriage . . . meaning, you don't start "dating" until you've ended things with your current partner.

I sat on this question for quite some time, and sat and sat. I thought about how difficult and how stressful it is for authors to finally have an agent and decide they are going to start over. And I thought about the unwritten ethics of agents poaching authors from other agents (unethical) and authors looking for new agents while still under representation (unethical), and I had to think about my feelings on all those subjects.

And here’s what I came up with. Firing an agent and hiring a new one is not the same as finding a new landscaper or changing doctors, because landscapers and doctors are getting paid for the work they are doing as they are doing it. An agent is not. An agent does a lot of work before ever getting paid and a lot of work in between royalty checks with no guarantees more payment will come. So while I know it’s incredibly stressful for an author to suddenly go agentless again, I think that you need to make the decision to fire your first agent before querying others.

Let me go into more detail. I do a lot of work for my clients that they don’t necessarily know about. If a book is out on submission I am spending hours and hours honing my query letter, I am talking to editors about your work, and researching my own list of editors to find just the right people. Finding the right publisher isn’t enough, I need to find the editor who I know your writing, your voice, and your story will speak to. Once the book is out I’m continuing to build my list of possible submissions and I’m sending editors updates, follow-ups, and checking in. In other words, I’m nagging up a storm. While doing all of this I’m spending time on you and your work and not on my other clients. And I’m not getting paid.

For those clients who are not out on submission, but who are already sold, I’m working on subsidiary rights, I’m thinking about the directions of their careers, I’m hounding editors for checks and contracts and negotiating. I’m talking to editors about list placement and what can be done to build a bigger and stronger career. In general I’m working to make my client a star. And there’s no guarantee I’m going to get paid what I’m worth. In other words, sure, I’ve taken my 15% of the advance, but in this business there’s no guarantee that I’m going to be making anything more. Royalties are not guaranteed. Most important, though, it would be a shame if I’m working with the editor to set the stage for your next deal only to find out, a short time before that deal comes, that Aggie Agent is handling it instead and that I’m out. I really have no recourse as long as I get that certified letter, and Aggie doesn’t have to do much of anything. I’ve already set it up.

I also think there’s a trust issue. Much of an agent-author relationship is built on trust. You trust that I’m not going to take on another author that’s directly competitive with your work. Sure, I’m going to take on more cozy mystery authors, but I’m not going to take on another author writing a knitting mystery. That’s a series that would cut into the exact market for the knitting mystery series I already have, and do you really want to find out that your agent is also representing your biggest competitor? I also trust that you’ll be honest with me. If you don’t think the relationship is working any longer, then I need to know that up front. I need to know what’s wrong and if, in your mind, I’m still working for you.

For me, I’m suspicious of the author who is querying agents while still under representation. It seems sneaky and underhanded to me and it immediately sends up a red flag. Many times I have been queried by authors who have fired their agents, but are waiting out the grace period. I’m fine with that because the other agent already knows what’s going on. I’m not comfortable working behind the back of my colleagues, however.

I do think your example was right. While the author-agent relationship is obviously a business relationship, we all know it goes much deeper than that and is thought of as more of a marriage. Why wouldn’t it be? You often call your books your babies, so why wouldn’t you be looking for just the right “partner” to take that book out into the world? You wouldn’t think it was right to answer personal ads while still married, while your partner is still busy keeping the relationship alive, and you wouldn’t want to know that the person who wrote the ad you just answered is already in a relationship either. I think the agent relationship is similar. It’s built on trust and, let’s face it, it involves emotions. Handing your baby over to someone to raise it and present it to the world isn’t easy. It takes trust, and if you decide to trust me enough to take that job on I trust you enough to value our relationship.

Let’s put it this way. If you promise to be honest with me, and fire me before seeking out other representation, I promise to stick by you through big deals and no deals and only quit when I feel the passion has died.

Jessica

Parting Ways . . . An Author's Decision

If you’ve been following the blog I’m sure many of you remember the story of the agent who fired bestselling author Jennifer Cruisie. But what happens when a published author feels that she needs to make the decision to fire her agent? How does the author make that very scary change? What happens to the author’s work, whether it’s sitting on an editor’s desk or the agent’s, and what does said published author need to woo a new agent?

As for how an author makes that decision, I think I’ll have to leave it up to the authors to tell me. Granted it’s not easy, deciding that your agent isn’t right for you, firing her, and suddenly flying solo (at least until you can find someone new), but making the switch is usually a lot wiser than sticking with someone simply out of fear. Remember how the agent search is like dating? Well, having that relationship is like marriage, and certainly no one expects or plans to have to be out there again and start “dating.” But just like some marriages, some author/agent relationships aren’t meant to last forever.

What happens next really depends on the author, the agents, and each and every individual experience. Typically, though, if you are planning to continue in the same vein of what you’ve already been writing successfully, you won’t need a proposal to find a new agent. You’ll simply need to set up some interview times. When I’ve been approached by authors looking for new representation I’ll always ask for a copy of a proposal or manuscript if part of the reason you’re switching is to go out in new and different directions. If not, I’ll only ask to see a copy or two of some of your published works. Even if I’ve read you before I might want to refresh my memory and make sure that I feel I can represent your work. After all, reading for pleasure is a lot different than reading for representation.

Most important, though, I’ll ask what your goals are, what direction you’re hoping to take your career in, and what exactly you’re looking for in an agent. I don’t need you to give me all of the dirt and tell me how horrible your previous agent was, but it does help to know why you’re leaving her. I need to know whether or not I think your goals are realistic for me. In other words, whether I think I can do what you didn’t feel your previous agent was doing for you.

The biggest question asked was what happens to the author’s previous work—those handled by the now-fired agent? Obviously anything that was contracted will remain under representation by your previous agent. In other words, she’ll still be the agent of record for those projects. As for what happens to submissions that she made and that might still be sitting on an editor’s desk, that depends on your contract with the agent. In the BookEnds contract we ask that you give us four months from the time you’ve fired us to finish any outstanding projects. In other words, we certainly will not continue submitting, but we would handle deals from outstanding submissions that come in within that four-month time frame. Of course, there are ways to circumvent this, and if you really felt that the relationship had deteriorated so much that you can’t imagine another minute with said agent, you could certainly have a discussion about transferring all of those materials to the new agent.

If you don’t have a contract clause that stipulates how long the agent has to finish up projects after the relationship is dissolved, you could give her a fair amount of time and then ask that all submissions be pulled. I would definitely try to work that out with her once you’ve let her know you’re dissolving the relationship. Not only is it important for peace of mind, but your new agent also needs to know that she’s the only one working for you.

Whether or not a new agent would take on these outstanding projects depends on a variety of things, including the direction you want to take your career, whether or not the new agent feels that outstanding work is your strongest, etc. This would have to be something you’d discuss when offered representation by a new agent.

Parting ways with your agent is a daunting and scary task no matter the circumstances. My best advice is to first have a discussion with your agent about any concerns you have with your relationship. She might not even know that you’re unhappy, let alone why, and a serious and frank discussion may make all the difference. If you’ve had that conversation, or tried with no response, and have come to the decision that you are left with no other choice, then it’s time to make the cut. Remember to keep it professional and everything will go smoothly.

Jessica