Showing posts with label bad agents. Show all posts
Showing posts with label bad agents. Show all posts

Monday, February 07, 2011

An Unhappy Client

1) I have an agent
2) I'm published
3) I'm unhappy with my agent due to (a) lack of communication (b) she can't stay connected with the internet or phone service because she lives in the middle of somewhere (c) updates on the four (4) new proposals she has are being treated as non-existent (d) legal issues with my publisher have been neglected
I'm at a literary standstill.
Any ideas?
Am I wrong for being professionally needy but impatient?


First of all, it doesn’t sound like you are being needy or impatient, professionally or otherwise. The fact that you are still with this agent says to me that you have already shown a great deal of patience, and as for being needy, having expectations that your business partner will do her job is not needy.

I could be wrong, but unless your agent lives in a third world nation or maybe the Canadian Wilderness, it seems to me she should be able to stay connected with phone or Internet. Are you telling me that her services go down so frequently that she never has a chance to send an email or make a phone call? C’mon! I’m not buying that. On days when my Internet goes down I still have plenty of time to write emails. They’ll just have to wait to be sent until the Internet clicks back on.

The truth is, the only excuse your agent has is, maybe, laziness. Or I guess lack of interest. Whatever it is, she’s not doing her job. She’s not communicating with you, she’s not helping you with legal issues; let me repeat, she’s not doing her job.

It’s time to cut and run. Do whatever your contract requires to get out of this agent, take control of your literary career, and find a new agent.

Jessica

Friday, May 21, 2010

Writer Beware

I had a very interesting week, or should I say a very interesting experience.

Earlier this week an author got in touch to ask if I'd ever heard of an agent named, we'll say Agent Tangerine, cousin to Agent Orange. He was emailing because Agent Tangerine had gotten in touch with him and claimed to be with BookEnds. Well clever Author knew enough to do his research and since he'd never seen Agent Tangerine's name on our website, or anywhere else in our listings, he was checking to see if this was something he missed or if, possibly, this was a scam using the BookEnds name.

Having never heard of Agent Tangerine I was of course alarmed and asked Author to forward any information he had since she was claiming to work at BookEnds.

Author went one step further and got in touch with Agent Tangerine again to hear her side of the story. According to Agent Tangerine, she had opened an “agency business” she was calling “Book Ends.” She stressed that her agency was not to be confused with BookEnds. She did however, go on to say that she had worked with BookEnds for several years. She also claimed to have worked with the Bent Agency.

Wow. Not only was this upsetting, it was just plain creepy. None of what Agent Tangerine was saying was true. I had never heard of Agent Tangerine, she has never worked for BookEnds in any capacity, and we were definitely not in any legal battle over a website as she had claimed.

So I immediately forwarded our full email trail to both Jenny Bent and Victoria Strauss at Writers Beware to let them know about this. Certainly I was concerned about the reputation of BookEnds, but I was even more concerned that other authors were being taken advantage of.

About an hour later Author emailed again. It was a hoax. A big, fat hoax. Apparently someone Author knew was playing a "joke" on him, not realizing the lengths wise Author would go to to avoid being scammed.

So I thought about it. Should I feel like a fool? Who should I trust? Have I made a fool of myself by alarming another agent as well as Writers Beware?

There are a lot of fabulous agents in this world, there are also the few who will use any opportunity to scam unwilling authors. I cannot feel like a fool for alerting others (I also immediately let them know it was a false alarm). If this was really happening it needed to be stopped quickly.

As for the Author who originally emailed, I believe him. I believe that he was scammed and I feel bad for him. Authors work hard to learn the business and act professionally and this "joke" was just plain mean.

I refuse to feel like a fool about this and I hope Author does too. I commend Author for not jumping at a chance to have an agent, any agent, but for doing due diligence first. If this had been a scam agent he would have saved himself a lot of time and money by doing the research all authors should be doing.


Jessica

Monday, February 08, 2010

Should I Run?

I was recently offered representation by a one person boutique agency that doesn't handle alot of clients. I came across her via referral from an editor who I contacted about editing my book proposal. We exchanged some emails and everything seemed fine. Then one day, she mentioned that she thought my story would not only make a good book, but would also make a good movie. She told me that she had some contacts in film and tv and would pitch my project there in addition to publishers. Naturally, I was excited by this, as I also thought the story would make a good movie. I was happy to have found someone who shared my vision. Then, I asked her about pitching to tv/film
producers. She told me that she would use the same document (book proposal),
but that the pitch would be different. I know little about this business, but that doesn't sound right to me. Any thoughts?


It’s so hard to really answer your question based on the little bit of information you have given. What I think is that you should probably run. Trust your gut. Something isn’t sitting right with you about this agent, and whether this agent is legit or not might not be the problem, the problem is that you don’t really trust the agent and that right there is reason enough to run for me.

Let me break the question down a little. The agent runs a one-person boutique agency. That shouldn’t be a problem at all. We all have to start somewhere and many, many agents started as a one-person operation. In fact, the only reason some agencies are bigger is because they eventually hired an assistant who has since moved up. I don’t see a problem with that.

The agent doesn’t handle a lot of clients. Again, I don’t see an inherent problem with that. Many agents maintain very small but very successful lists. You don’t have to have hundreds of clients to be successful. The question here shouldn’t be how many clients the agent has, but her success rate with the clients she does have. In other words, has she ever sold any books to major houses, or at least the houses you are interested in pursuing?

Your biggest concern is that she feels the pitch for a book would be different than one for TV or film. I don’t see a problem with that either. I’ve said it before that books and films are two different mediums and two different worlds. It only makes sense you would pitch the book differently. In fact, I sometimes pitch the book differently to different publishers. It all depends on what the publisher might be looking for or what their expertise is.

There’s no concrete evidence in your question that this agent is a scam or a bad agent. What comes through most to me is that you aren’t sure you should trust this agent, and I think that’s the biggest concern. If you want more information before making the decision to run, then I would contact some of the agent’s clients and find out how they feel about her. If they have had success at least half of them should have web sites you can contact them through, and don’t forget to check out Writer Beware and other writer advocacy web sites.

Jessica

Friday, January 15, 2010

Avoiding Scams

It’s been quite some time since I’ve done any piece on literary scam artists, but a recent question made me realize that it’s something I should be doing more frequently.

At an SCBWI monitoring workshop, we met an editor from a large publishing house. She requested and eventually read our YA/MG full manuscript. She requested revisions, which we completed and submitted. The manuscript was then “under consideration” for almost a year. (I still do not understand what that means!) During that time, we would see the editor at other events and she would consistently praise our work. Eventually, we got a rejection letter from her saying that the manuscript just needs too much editing for publication at this time. About a month afterward, we found out she’d left the house and opened an independent editing service. We approach her thinking . . . ”Here is someone we know is a professional and has the knowledge to correct any problems.” (At least she did not approach us.) We entered into a contract and pre-paid $750 (out of a $1500 total) for her to edit the manuscript, query letter and synopsis. She gave us a first draft revision date which came and went. We followed up. She responded she needed more time. This went back and forth for awhile. But the bottom line of the story is that in the end we got no editing, no return of our deposit and, now, cannot find her at all. So, here is my question, how do you know who to trust in the industry even with everything on the web? How do we even know we need the editing in the first place and this was not just part of her leaving her house?

This story stinks and my absolute first piece of advice is that you must get in touch with Victoria Strauss at Writer Beware to let her know about this editor and her practices. While it might not help you get your money back, hopefully it will prevent others from falling into the same trap.

So how do you know if someone is a scam artist? The first place to look is Writer Beware, the second is Preditors & Editors; both sites work hard to protect authors from scam artists. Unfortunately, if the editor is a new scammer, like it sounds yours was, there might not be a lot of information yet.

I think, like with many businesses, knowing who to trust means doing your research. Sadly in this instance I think you were put into a particularly bad situation. Given this editor’s history at a major house I probably would have trusted her too. In most circumstances, though, I would suggest reviewing the two sites I mentioned and talking to clients of editors and agents. In this day of the Internet that’s not difficult to do. In fact, I know a number of my clients were able to contact other clients through their web sites to ask questions about me before ever signing anything.

As for how you know if you need an editor, I’m not sure you really do ever know. I think it’s more of a decision you make rather than something you need. A lot of books need an editor, but the work can frequently and easily be done through critique groups as easily as it can be done through a paid service. Frankly, I think a critique group can be so much more beneficial than an editor. From a critique group you’ll learn not only from what others say about your work, but from your own critiques of the works of other writers.

I’m sorry this happened to you, but don’t kick yourself. You were scammed, but it doesn’t sound like you did anything stupid. You just got put into a bad situation. Instead of dwelling on it, I would report this person to as many people as possible and then get back to work on submitting this project and writing your next book.


Jessica

Tuesday, January 12, 2010

Bad Agent Alert

I’m a published author who recently signed with a new agent. I love her. She responds quickly to all my emails, keeps in touch and moves quickly. Lately though a few things have come up that make me wonder if I’m being scammed. When looking at her web site it seems I’m her only published author, and the books she’s promoting she didn’t even sell. My biggest concern is that recently she was getting ready to submit my proposal and told me that she could not make multiple submissions, that she’d been talking to an editor who told her that if editors learn a book is out with other houses they will simply throw it away. She said that it’s a rumor among authors that agents can make multiple submissions, but it’s not true.

Let me explain first that this is one of those cases where it’s possible you aren’t being scammed, but definite that you are in the hands of a Bad Agent. I’m not sure this agent is intentionally trying to stonewall your career, and since you didn’t mention it I’m going to assume you didn’t pay any money up front; however, this agent clearly does not know or understand how the business works. In my mind a bad agent can be as destructive as a Scam Agent, sometimes more so since a scam agent is clearly breaking the law, and a bad agent is “only” damaging your career.

Let’s look at this case logically. In reviewing recent deals made by agents I regularly see postings about auctions or pre-empts. None of those things could exist if it weren’t for multiple submissions. Let’s also look at what your friends and their agents are doing. My guess is that if you ask any of them, their agents are making multiple submissions. How can it be a false rumor if everyone else is doing it?

My advice, get out. Now. It’s not your job to teach Bad Agent how to do her job. It’s your job to look out for you and your career. Bad Agent isn’t doing you any good, and if she doesn’t know how to submit, how do you expect her to negotiate a contract.

Jessica

Thursday, May 07, 2009

Agents Aren't the Enemy

It may or may not have started with Agentfail, I tend to think it didn’t, but in the past month or so, maybe since the beginning of the year, there’s been some real anger, frustration, and, yes, a bit of a backlash toward agents, and while I’m certainly not going to put an end to it, or stop those who like to post the anonymous, snarky, and, frankly, insulting (to other authors typically) comments on this blog, I do have a few things to say (what else is new?).

First off, I am not going to link to those angry or vitriolic posts or articles. I frankly can’t bring myself to look at them again, but I think most of you, by now, know where you can find them. I also think it’s unnecessary. None of us really needs to read them to know what they probably say.

Second, I want you all to know that frustration is perfectly acceptable and understandable. Heck, I’m frustrated by this business at least 75% of my day. Do you have any idea what it feels like to get the final print run for a book and have it be thousands, tens of thousands less than expected? How about a book that gets amazing reviews, great publicity and fabulous feedback, and yet thousands of returns? Do you want to call an author and tell her that her publisher has decided they no longer want to work with her? I have to do all of this and more. Frustrating, yes, but is the job worth it? Absolutely, because there are few things in life more thrilling than calling a debut author to let her know I’ve sold her first book, or sharing the joy of a bestseller list or the thrill of seeing the book in print. There are few things I love more than publishing books.

The point of all of this is that the anger toward agents, the vitriol (from both sides), has to stop and it has to stop now. Agents are not the reason you’re not getting published. An agent wants to see good books in print as much as you do and agents take risks every day, despite what many of these angry authors are saying. The truth is that agents are here for you. We write these blogs because we want to help simplify and explain this process, we personalize rejection letters and give feedback because we see talent and have faith in what you might be able to do, and we take on new authors all the time because we are excited about a book and yes, because we think we can sell it and turn you into a published author. If we start snipping and sniping at each other we’re only making our own lives and the publishing process harder than it needs to be. It’s tough out there. Publishers are backing off on buying new books and published authors are being let go, so why are we turning on each other? Now more than ever we need to come together.

Are there some crummy, awful agents out there? Absolutely. There’s also a few crummy, awful authors out there who would prefer to blame agents for their lack of success than simply work on honing their craft. We’re people, none of us is perfect. I love authors and I love the community I’ve created on this blog. I have no intention of being run out by a few angry writers, but I don’t want the anger to permeate what the rest of us are doing that’s good. My fellow bloggers are doing great work and I’m continually impressed by the things they are telling authors and often admire them for their candor. The writers who comment on this blog are fabulous. One of my favorite things is when all of you start guiding each other. It is a community and it’s a good one.

So let’s start thinking about the real issue, and that’s that publishing is a difficult business, the mid-list is in trouble, and that just means we’re all going to need to step it up. Authors are going to have to write their little hearts out and really make that work sing, agents are going to need to guide those writers and negotiate the hell out of those contracts. We’re going to need to be one step ahead of everyone else when it comes to our careers and we’re going to have to do it together to really make it work.

Jessica

Monday, April 20, 2009

Don't Fail Yourself

I’ve been thinking a lot about my AgentFail post of a few weeks ago and the anger and frustration that went along with it. I’m glad I did the post. It was good to hear from authors about what really frustrates you. What I’m worried about, though, is that the frustration overshadowed the real stories of agents who fail. It seems to me that what most people complained about or what the biggest stress was eventually placed on was the response agents give to queries, whether it’s "no response means no" or a lack of response. And the truth is that while these are sound complaints, I’m not really sure these are the stories in which the agents really failed.

The stories that struck me, shocked me, horrified me, and made me actually groan were those of the agents who truly failed their clients. The stories of agents acting outright unprofessionally and stalling a client’s career. These are true stories of agents failing. The truth is, in some of these instances, the author failed as well.

In the cases where an agent sat on a manuscript for months and months, not giving feedback to the author and not submitting the work, the agent certainly failed, and in a big way. But what about the author? Why do you sit there for months and months and allow someone else to put your career on hold? Listen, I know how hard it is to get an agent and I know that once you do you just want to sit back and be able to relax. But this is your publishing career and no one, not one single person out there cares about it as much as you do, so the minute you start to feel that agent is failing you it’s time for you to step up and make sure you aren’t also failing yourself. Talk to the agent, prod her to get moving. If it doesn’t work, terminate that relationship and get moving again. A bad agent is worse than no agent at all.

In life, in your “real” jobs, in publishing there are always going to be people who fail you. There are going to be managers who pass you over for a well-deserved raise, significant others who treat you as less of a person, friends who take advantage of your kindness. We have a choice in life and in our publishing careers. We can choose how people treat us. The only person you can control is you. If others fail you, get angry, but don’t fail yourself.

Jessica

Wednesday, April 01, 2009

Agentfail Right Here

In the aftermath of #queryfail, there was some discussion of whether or not authors should start #authorfail, their own Twitter ranting of what agents do that make them fail in an author’s eyes. I’ve heard many times of authors who after having met agents, having corresponded with agents, or just having heard about agents decided to drop them from their list of agents to query.

Janet Reid did a fabulous post on this on her blog. I highly, highly recommend everyone read this if you haven’t already. But I do think it’s possible for authors to do an #agentfail and I think to some degree I’ve allowed you to do it in the past. Wasn’t it just last year that I opened up the blog to all of your complaints about agents? Well, let’s do it again. Here you are, an entire day, on an agent’s blog, devoted to complaining about agents. We all want to hear it (or maybe we don’t): tell us how or why we are failing you or have failed you (and post anonymously, of course, unless you don’t want to).

Jessica

Friday, August 08, 2008

You Have an Agent . . . Now What

A reader recently expressed frustration that there is so much information on the Internet about querying and how to do so properly, but so little about what to do next. What happens once the author-agent relationship is established and what can you do if problems arise?

Now, I’ve written a number of posts on how to handle the situation when the agent stops responding and you’re hearing nothing, but what if it hasn’t gotten quite that bad yet. I’m sure a number of you will have specific questions, but I’ve tried to come up with some information here on my own.

When getting that first offer of representation, you have already established a relationship with an agent. It might not be the person you ultimately agree to hire as your agent (because presumably you’re using this fabulous opportunity to shop around for just the right person), but it is the time to begin your relationship. To find out how the agent works and to get a sense for whether or not the two of you will be compatible.

I’ve said it over and over, but I’m not sure I’ve ever said it quite so simply: The key to a successful author-agent relationship is communication. Now, I realize that communication only works if it’s coming from both sides, but someone needs to start somewhere. It’s the rare agent who will make all the initial contact with an author. We have many authors, you have one agent. Because of that I advise all of my clients to contact me as often as they want about whatever they are wondering about. I get emails and phone calls all the time from clients about the status of their submissions, concerns about the direction of their publishing careers, advice on what to write about on the blog, confirmation of gossip and rumors, just to touch base, to tell a funny story, or to make sure I still think they are great. And of course any time I have information or news to share with my clients I pass it along.

Part of what I try to remember to do when signing a client is to get a feel for career goals. Unfortunately, in the excitement of signing a new client and enthusiasm for the project we’re currently working on, sometimes that information gets pushed aside momentarily. Eventually, though, the conversation happens and needs to happen and I think it’s wonderful when it comes from the client. I have a number of clients who actually write up business plans and goal lists for themselves and their careers. If you do that, don’t hesitate to share it with your agent. An agent can work best for you if she knows exactly what you want and what you need. So don’t be afraid to let her know that.

If you have specific ideas of what an agent should be you need to talk to your agent about that before you sign on the dotted line. Do you think an agent should be available 24/7 no matter what? Ask your potential agent how she handles communication. Better yet, get in touch with some of her clients and ask them. Ask the tough questions, not only how the agent handles such things, but also what some of her negatives might be. I know a number of my more recent clients talked with more long-standing clients before signing. They weren’t hard to find, just search our Web site or Publishers Lunch.

But what if you did all of that and still there are problems: suddenly the agent is not following through on what you felt she had promised, or you just don’t feel you’re connecting. What next?

Not Keeping Promises Agent: You’ve been told repeatedly that she’ll get back to you in a week and that was four months ago. You know that your submission is on hold, because she has promised revisions, and it’s beyond frustrating. What do you do? You have a very frank talk. Assuming she is returning phone calls and emails, you get in touch and tell her that you have some concerns with the length of time it’s taking to get your book out on submission. And then you need to judge whether her reaction was the right one or not. A good agent will explain what happened, apologize, and follow through finally on getting back to you in that week, or at least in a realistic time. If she’s not receptive, maybe it’s time to consider getting out before you’ve wasted more time.

Not Following-Up Agent: Your work has been on submission, you’ve heard from three of the five publishers, but for some reason your agent refuses to follow up with the other two publishers. What is going on? Following up is an uncomfortable business. No one wants to be a nag. Unfortunately, that’s part of an agent’s job. Again, you need to pick up the phone and possibly get very firm with your agent. You need to explain that one of the reasons you need an agent is to do those things you don’t like to do, including nag editors.

Making Decisions Agent: You have an offer from a publisher! Yippeee! What next? Well, it seems that your agent is going along without talking to you and making all of the decisions without you. Some authors are fine with this, others aren’t. When your agent calls to tell you an offer is on the table, your job is to find out what’s next. What is her plan and what do you need to do? Ask pointed questions: How is she going to negotiate this? What are her thoughts on the other publishers who still have the material? And you need to share: What are your thoughts?

Not Following-Through Agent: All of those promises that were made before signing on the dotted line seem to have been nothing but words. None of those things are now happening. Again, it’s time for a conversation. If the answers aren’t satisfactory, you need to determine what’s next for you and your career.

These examples are obviously extreme. In the grand scheme of things most of you should have wonderful experiences. You hopefully found an agent you really connect and feel comfortable with. The two of you have devised a plan for what’s next—maybe revisions on your manuscript, a discussion of where and who to submit to, and a submission plan—and you are either in the middle of revisions or happily writing your next book, one you’ve discussed with your agent.

I hope that helps answer some questions and concerns.

Jessica

Monday, August 04, 2008

Writer Beware, BookEnds Style

I just had a very interesting experience with a submission. After reading over the query and determining that there were many reasons the book wasn’t right for me, I sent along my standard email rejection. One I hope is kind, yet honest. The author, in a clear fit of anger, sent back a reply stating that after reviewing our web site he was pleased I had rejected the work since what we represent is “boring and insipid.” Clearly he decided we weren’t a good match anyway.

Kim likes to point out that while sometimes she gets back angry responses, no one gets insulting emails as much as I do. It must be something about my charming personality. And before you start guessing why (although I’d love to know your theories), I should point out that Kim and I have almost identical rejection letters.

Well, I must have been in a mood, because I decided to respond. I know, I know, don’t feed the trolls. But I couldn’t resist. I was lounging on the couch, “relaxing” after a day in the office, and I was in a pretty good mood, a mood to have a little fun. My response was to suggest that the author read agent Web sites before querying. In fact, I think my exact wording was, “In the future then you might want to consider actually researching agents before querying so that you only seek representation from those you deem worthy of your work.” I also suggested maybe the author consider proofreading all queries before sending them out since there were a number of spelling and grammar errors. Okay, okay. I know. Why did I stoop to this author’s level. Because I just couldn’t resist.

And then I decided to hit Google and do a little research on my own. Lo and behold, Mr. Angry Author has a business in which he calls himself a publishing consultant. Now I’m not about to name names or link to Web sites, but I did alert Writer Beware of their existence. My concern: this is a “consultant” who clearly knows nothing about the publishing business (it was also suggested to me that I’m ignorant because I base my submission decisions on queries without reading the manuscript) and is making money off authors who will depend on him and his company to guide their careers.

So the moral of this little story . . . don’t insult agents because we will fight back. No, no, that’s not really the moral. The moral is that you need to carefully research anyone who you plan to hire as part of your publishing team. Consultants (which you shouldn’t need), editors, agents, and even publishers should be researched and questioned. Review Web sites like Writer Beware and talk to other authors. Get referrals and listen to your gut. If it sounds too good to be true it probably is, and if it costs you money up front, run like the wind.

There are a lot of people in this world looking to take advantage of others. I’m not sure if Angry Author is someone looking to take advantage or simply ill-informed, but either way, my warning flags were raised.

Jessica

Wednesday, June 11, 2008

Questioning Agents

I've been reading your posts about questions a writer should ask an agent before accepting an offer, and finding it very enlightening! What I'm wondering now is, is it acceptable for an author to contact an agent and ask some of these questions before submitting work, particularly if the agency is new? I've been to the agency's webpage and they seem 'on the level' near as I can tell, but since they don't represent any authors yet (or haven't yet posted the representations on their website), I can't tell if they deal with the publishing houses I'm interested in and have nothing to compare my own work to in terms of exactly what they might be interested in.

My first concern isn’t necessarily whether or not this agent represents the types of work you are writing; my concern is whether or not this agency is legitimate. You say that they seem on the level as far as you can tell, but do the agents have any publishing experience? What are they doing, or have they done, to learn about the business, network with editors, understand publishing contract language, etc.? It’s one thing to find someone who calls herself an agent, it’s another to find an agent who can actually grow your career. The best place to go to learn about the legitimacy of an agency is Writer Beware. Here you can find a comprehensive list of things to look out for when evaluating a new agency.

I wasn’t given much information other than what you said above, so I can’t say for sure what their Web site might look like or who they are. A red flag for me, though, is if they don’t have a list of genres they are interested in representing and/or houses they have contacts with. It’s tough. I was a new agent once and I know what it’s like to put up a practically empty Web site. However, I also know that what helped me really build my career was the fact that I did have a publishing background, that I did have contacts in the business, and that I did attend regular publishing meetings and events to not only network but also to learn more about the industry. It’s amazing what you can learn about things like contract negotiation and publishing houses by simply talking to other agents.

Okay, back to your first question: I think you could easily call the agency. You can always call, but I don’t necessarily know that they’ll call you back. The truth is that you can query them and ask all of the questions if they call to offer representation. You can always say no. This is a good question for readers, and even some of our own clients. For those of you who queried or signed with an agency that might have been fairly new at the time, what made you comfortable doing so, and if you avoided querying a particular new agency, what were the red flags for you?

Jessica

Tuesday, June 03, 2008

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

Monday, April 21, 2008

Standard Agent Practices

Is it standard practice for an agent to ask a new client to send 20 or so hard copies of a manuscript for her to shop around? I assumed the agent would make any necessary copies and charge against the advance for a sale.

Also, should I be suspicious that she asks for no changes to be made to the manuscript? Don't most agents do an edit on their new clients' work?



No, it’s not standard practice for an agent to ask any client to supply hard copies of a manuscript. However, that doesn’t mean the agent is a scam either. One of the craziest things about this business is that while there are many “standard practices,” there are few rules across the board. Of course you all know by now never, ever, ever to sign with an agent who demands money up front. But what about these questions? Should you worry if an agent is asking for 20 copies of a manuscript? You might, but how do you know if you should? Ask questions. Where are the 20 copies going? Which publishers and, most important, which editors does the agent have in mind? Has she sold to these publishers and/or editors before? Why is she choosing them? Twenty is a lot of copies, especially up front and especially if this is fiction. Is the agent planning on sending all 20 at once or could you send more as necessary later? Many agents charge back expenses, usually the expense of copying manuscripts. It seems this agent is simply trying to avoid those costs up front. There’s really nothing wrong with that, although, as an aside, in today’s world I rarely send hardcopy (except to a few editors who always insist) and usually email almost all submissions. Couldn’t this agent do the same?

As for changes to the manuscript, that question is even harder to answer. I know agents who spend months editing manuscripts and I know agents who practically refuse to edit. They don’t feel it’s their job. Neither is right and neither is wrong. What is right or wrong depends on you. I would say that most agents, to some degree, edit their clients’ work, even if it’s a little, a general comment here or there. I also know of agents that take that role much too far, rewriting the book instead of working with what an author has. I try to find some balance. I edit the book as I see fit for a sale, but I leave the overall editing, the really hard work, to the author. Unless of course she requests otherwise. You need to find a balance that works for you. Do you want an agent who edits or are you confident enough in the work you send to know that when it goes out to editors it is the best work it can be?

What I would ask you is do you trust this agent? It seems that by asking me these questions you already have some concerns about either the legitimacy of your agent or, at least, whether or not this agent can truly do your career justice. If you are questioning your agent and her abilities I would suggest you first have a conversation with her about her business practices and why she is or is not doing certain things. It is after this conversation where you need to trust your gut. Is this really someone who can sell books and build careers? And is this really the best agent for you? Only you can answer that question.

Jessica

Friday, March 21, 2008

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

Wednesday, October 31, 2007

Agents Doing You a Disservice

It would be great if writers had the power in deciding the agent/writer relationship. Some writers do. Most don't. Agents will tell writers, "It only takes one yes." But if that one yes is all a writer gets, options are limited. While Jessica is, commendably, afraid of doing a disservice to a writer she's not 100% behind, which is worse to the writer's mind: a disservice or no service at all? If options are running low, I'll take the disservice any day.

And I agree with you . . . to a point. I suspect it is very rare that an author gets the benefit of having multiple agents vie for her attention, or more important, her contract. I think that most of the time the author gets one agent interested and that’s the one and only person who offers representation. That being said, it does not mean that a bad agent is better than no agent. An agent who does you a disservice could damage your career. Having no agent just means it’s going to take you longer to find someone willing and able to work with you successfully.

I think that many readers can easily share (anonymously of course) stories of when they thought exactly as you do (and I hope they do). Grabbing that agent was the most important thing, no matter who the agent was. In the end, though, I think many can tell you they would have been better served to wait a little longer for someone who could actually do the job right.

Jessica

Friday, August 31, 2007

Avoiding the Scammers

It’s rare that I find the need to write a blog post on scam agents because sometimes I live in a bubble, feeling that anyone who has done the work to reach my blog has also done enough research to know what makes a reputable agent. Well, recently I was proven wrong. . . .

I have written two novels—well, one is technically a manuscript and the other has been published by PublishAmerica (which I seriously DO NOT recommend). My questions pertain to that of my manuscript. You see, I submitted it to the New York Literary Agency almost a year ago, knowing that a sale was not guaranteed or that being a new author. Now, after a year, I feel that my manuscript is just sitting there, idling because my agent is unable to be bothered by it. I get a monthly report in a form letter saying "...this is a normal progression of a manuscript in our care...do not get discouraged..." And I can't help but wonder if another agency would be better suited to handle my manuscript and other future works. I am in serious need some advice on the subject.

This email makes me angry, sad, and irritated. Irritated that the author didn’t bother to do any research at all. In a simple Google search of New York Literary Agency the first three hits were writers' message board warnings about the agency, the third was the agency’s horrible Web site, and the fourth was Preditors and Editors saying, “New York Literary Agency, The: Strongly not recommended.” I’m also angry and sad that there are people out there taking advantage of writers who are just desperate to find a home for their works.

Once I got beyond that I decided I would check out the New York Literary Agency, and let me tell you that with just a little research into what makes a reputable agency, that site alone should have you running. Why? Well, here are just a few of the things I see wrong with it. Nowhere is there a list of clients, books, or sales. Instead they seem busy touting the types of manuscripts they receive and how they will market your book. They are located in NYC, where they meet with “buyers.” Buyers? What does that mean? The only people I know who meet with buyers are sales reps from the publishing houses. What about editors? You know. The people who buy the books from agents. Oh, and I could go on and on. Take a moment to look at their diverse list of clients. Doctors and lawyers! Whoo-hoo.

I can go on and on, but the smartest thing I can do is remind everyone that when researching agents there are a couple of key places to visit. The first is the above-mentioned Preditors and Editors, the second is Writer Beware, and the third is your heart. You know when something isn’t right, so listen to those guts of yours.

And please, feel free to add to the list of scam agents you are more than happy to warn others about.

*

On another note, BookEnds is closing early today to celebrate the Labor Day weekend. Have a safe and happy holiday, and we'll see you again on Tuesday, September 4.


Jessica

Tuesday, August 21, 2007

Your Agent Is Just Not That Into You

I hear it from authors all the time and frankly I don’t understand it. You have an agent, she was excited and passionate about your work and you signed on with glee. She submitted and kept you updated on what was happening, but for all of her enthusiasm and all of your hard work the book didn’t sell. Now she’s gone. You haven’t heard “boo” from her and can’t get a response via email, phone or even telegraph (if that were possible).

Why do agents do this and is there any way to predict that this might happen to you down the line?

To the best of my knowledge I’ve never ignored a client, whether published, unpublished, or a pain in the butt. It only makes me feel guilty and causes more stress than just answering the phone or email ever would. But that’s my Minnesota Nice upbringing. Based on what authors tell me, this does seem to happen a lot, and in my opinion (although I’ve never asked agents why they do this) I think it’s the agent’s way of firing a client. Face it. If she’s not returning your calls or responding to your emails she’s just not that into you. She just doesn’t want to be the bad guy. She doesn’t want to be the one to break up with you so she simply makes herself inaccessible and becomes, well, rude. So what can authors do to stop this behavior? You need to tell those agents that you’re not going to take it. Quit sitting around and hoping the phone is going to ring. Whether the book has sold or not this agent works for you, and if she’s not responsive, if she’s not giving you the time of day you deserve, especially after repeated attempts, than get rid of her! Or him.

Don’t wait for months for an answer. How long did it usually take her to respond in the past? If you’ve called more than three times and she hasn’t returned your call, if you wrote more than five emails and she hasn’t responded (and keep in mind all of this should not be done in one day), then it’s not working. You know when it’s not working, you’re just waiting for me to tell you. You don’t need me. Trust your gut. You’ve done it before and it worked so do it now. When you feel that you need to ask this question it’s long past time to send that certified letter. Why do you want to have an agent who is clearly not that into you?

How do you know ahead of time that you are signing with an agent who’s answer to you is no answer? Well, there really isn’t much you can do. I guess you could ask the agent what happens if your book doesn’t sell and if she’s ever acted this way, but you probably won’t get a straight answer. Your best bet is to talk to the agent’s clients. Find out from them how they feel they’ve been treated and whether they know of any instances of said agent behaving this way. If you aren’t talking to other writers now, about agents, writing, and publishing, you should be. When it comes time to choose an agent they can often be your best resource. Just remember to take it all in and know that the more you talk to people the more you learn that with every agent and every publisher you’ll hear a little good, a little bad, and even some ugly.

Jessica

Friday, July 20, 2007

Agent Communication

Not too long ago I received the following email:

I write to you, not as a perspective client, but as a young writer in need of counsel. (I find your blog most illuminating!)

Last summer, I sent out a number of query letters for my new nonfiction book. I was pleasantly surprised by the amount of interest in my material and, within six weeks, I had secured an agent.


Let me mention here that I have no memory of ever receiving this proposal, but I suppose I can let that slide.

Initially, I was quite impressed with his speedy response. Unfortunately, as the months wore on, our correspondence slowed quite a bit. (I realize this industry is slow, by nature, but this has become a bit extreme.)

He spent the fall (August through November) editing my manuscript and nonfiction proposal. I called, several times, to check in (he's never been spectacular about returning e-mails), and he always claimed to be "backlogged" or "totally swamped." Fair enough, I thought. After all, he operates a one person agency. And, at 24, I'm just lucky to have an agent.


Wow! Four months just to edit? I think the first warning bells should be going off. Now I know I’ve sat on a client’s material for far too long, but never have I led them to believe that I was editing for that long. That’s crazy. As for being backlogged or totally swamped? Who’s not? We’re all very, very busy people and we all have those weeks when we are backlogged, but my reasons for being totally swamped are usually because I’m taking care of my clients.

And by the way, don’t think that your age has anything to do with anything. You have an agent because you have a book worth selling, not because you’re 24 or 42 or 240. How old you are or what you write, or how much money you make (or don’t make) does not, ever, excuse an agent’s rude behavior. A good agent should treat every single client as if she is her top client. Never do I want any of my clients to feel that they are less important than any others.

Finally, in mid November, he returned my (minimally) edited manuscript. (Comma here, semicolon there.) I made the adjustments, sent him ten copies, and we were off.

Ugh! Four months for commas! I’m the first person to admit that I’m comma illiterate (among many other grammatical difficulties) but it takes me far less than four months to figure out where they go. If anyone—agent or editor—is taking four months to actually edit a manuscript, then that thing better be rewritten by the time it lands on your desk. Now sometimes it might take four months to get to the edits, but never four months to actually edit.

Three months went by before I heard from him—at which point he forwarded me five rejection letters. Now, there's obviously no rush to pass along bad news, but some of these letters were 8 weeks old. Couldn't he have called, or sent an e-mail update? (I asked him to drop a line, in the future, when he heard from publishers—just so I could keep track of the progress.)

He could have and he should have. It’s one of the things I mention to authors when hiring an agent. Find out how communication is going to be handled. I try to update my clients very, very quickly when it comes to submissions. Especially since I know how nerve-wracking the process can be.

Several months went by. Nothing. I decided to e-mail, just to check in. No response. Two weeks later, I followed up. No response. Two weeks later, I called. Again, he claimed to be terribly "backlogged." "I was going to call you today," he said.

Uh-huh.

Reason being: he had received an offer (lord knows when) on my project. Unfortunately, the offer was terrible—the publishing house wanted to reshape the entire book, and have me spend an additional year traveling across the country, doing research. He advised that we turn them down.

Nevertheless, shouldn't he have called me as soon as he got the offer?!

I asked him for an updated list of rejections and prospects. He couldn't find my file, and promised to e-mail me "in a couple of days." It's been over a week. I've heard nothing.

He is always very friendly when we talk, and we often have nice chats. But, because he's so poor at correspondence, I'm concerned that perhaps he's not working very hard to sell my book.

What do you think I should do?


My response: I think you already know what you should do, now you just have to do it.

Honestly, though, I never understand why authors stick with agents who obviously don’t communicate. I know it’s great to have an agent and scary to think of starting over, but do you really have an agent if she’s not working with you?

I also have a few additional concerns. Since this is only one side of the story we don’t really know how long the agent had the offer for. I’m going to give him the benefit of the doubt and assume it just came in. What I am concerned about is who made the decision to turn down the offer. It sounds like it was mutual, but I hope it’s not something the agent did without checking with the author first. That would be criminal in my mind.

Again: No agent is better than a bad agent, and a bad agent isn’t necessarily someone who acts illegally, but someone who simply isn’t working for you in a way that’s comfortable for you.

Jessica

Wednesday, June 27, 2007

Bad Agent

If you've ever done any sort of agent research at all you should know to be aware of the scam agent—those “agents” who prey on unsuspecting authors for money only. People in the publishing business preach constantly about scam agents. You can read in-depth on how to avoid them on Preditors & Editors, the amazing Writer Beware blog, and of course the esteemed Miss Snark. What I don’t think we talk enough about, though, are bad agents. Not the “agents” who are looking to scam you out of your money, but the agents who are just incompetent. While one will take your money and make you feel the fool, the other has the ability to cause some short-term damage to your career. While the damage is rarely irreparable, it is harmful nonetheless.

An incompetent agent is much more difficult to spot than a scam agent because she usually follows the rules. In other words, it’s unlikely she asks for reading fees, or “suggests” you hire outside editors. No, Bad Agent often has the best of intentions. She really does want to sell your book, she just doesn’t know how. She doesn’t have the contacts, the knowledge, or the publishing experience to truly be what an agent should be for you. If she does sell your book it’s probably a fluke and unlikely that her contract negotiation skills are really going to benefit you in the way an agent should. In many instances the author could have done just as well negotiating the contract as Bad Agent. Bad Agent also fails to realize that her job doesn’t end there. In fact, there’s a lot more she needs to do than just sell a book. Bad Agent doesn’t have a clue when it comes to marketing, market advice, or strategy, and rarely can she advise you on where you should go from here.

And what harm can Bad Agent do? Well, like I said, it’s not necessarily irreparable, but it can be endlessly frustrating. Since Bad Agent doesn’t have contacts within the industry she doesn’t know where to even submit your book. In fact, in all likelihood she doesn’t know much more than you. What she does know is what you already know—what editors are buying according to their listings on Publishers Marketplace. While that's a good start to making new contacts (and editors contact me through my posts all the time), it can't be your Rolodex. Contacts are those people who call you back and read work quickly simply because they know your letterhead. Any agent who tells you that Publishers Marketplace is the key to her selling strategy is not the agent for you. No good agent is going to start her submission process by posting your listing on the Publishers Marketplace Rights Board. She doesn't have to. She knows that she'll be more successful sending your work to her contacts. Bad Agent doesn't have contacts, and that's evident by the fact that her submission process means first posting your book on the rights board. She doesn't know how else to do it.

If Bad Agent does sell your book, it’s probably a fluke, and since it’s a fluke, it’s unlikely she has any knowledge of contracts. Any agent should know how to successfully negotiate the obvious things, like your advance and royalties, but Bad Agent thinks it stops there. She doesn’t have the proper understanding of things like option clauses, warranties, or subsidiary rights. She doesn’t think she really has to. While none of this will kill a career, a badly negotiated contract can certainly slow things down considerably. Bad Agent’s strategy is probably to negotiate the advance and maybe royalties, talk about the option clause, and add her agency clause. That’s it. In fact, in most cases Bad Agent’s “boilerplate” looks very similar to the publisher’s.

Publishing experience would probably have helped Bad Agent. If she had worked for a larger agency or a publishing house she would know who to call and how to negotiate a contract. More important, though, she would understand this very bizarre business. Do not be tricked into believing that because Bad Agent took a publishing course she knows the ins and outs of the industry. While publishing courses can be helpful, they do not teach the things an agent should know. (I’ve never taken a publishing course, so maybe someone can chime in to talk about what they do offer. I do know from talking to others that the biggest benefit was getting a job.)

So how do you avoid Bad Agent? How do you know, when there aren’t distinct warning signs like there are with scam agents? By carefully checking out every agent you query.

The biggest warning sign is that no one knows who Bad Agent is. When asking your writing groups (RWA, MWA, SFWA, etc.) about Bad Agent, you’ll get nothing but silence. Bad Agent doesn’t have a reputation, good, bad, or otherwise, because no one knows who she is.

References for Bad Agent will also be nonexistent. While no agent will give you contact information or a list of references, with a good agent you should be able to find a reference easily. A quick Internet search or a review of an agent’s Web site usually gives up client names. Once you find that, it’s not difficult to find an author Web site and contact information. Clients of good agents will happily give references. Clients of Bad Agent will be very, very difficult to find. If you do find clients of Bad Agent, pay attention to what she’s sold. Bad Agent will often claim client sales that were previously sold through another agent. Make sure that you ask references not only if Bad Agent sold the books for them, but if they were happy with the contract.

Bad Agent also won’t be able to tick off the publishers or agents she’s worked with, because they don’t exist. In fact, she’s likely to tell you more about her previous career as a marketer or car salesman.

Most important, though, with Bad Agent you’ll get Bad Vibe. It won’t feel right and yet you’ll do it anyway.

The worst part about Bad Agent is that by the time you realize you have one, you’ve probably already signed with her. My advice? Get out while you can. You know who she is and it’s important to remember that no agent truly is better than Bad Agent. The minute you know you have Bad Agent, there should be no looking back. Chalk it up as experience and move on.

—Jessica