I've had an agent for some nine years now. About three years ago we had a fall-out and didn't speak for some time. I've sent her several scripts in the interim and she acknowledges receipt of them very politely, but never gets back to me. I'd doubt she's really pushing them but I've no way of knowing.
My question is; should I accept she's no longer my agent and look for another one? Is this just how an agent terminates a relationship? By being polite and not getting back on anything important. Or should I confront her and ask what she wants to do - does she still want to work with me?
She's my first and only agent and I've no idea how it works.
There's a term for this now in social situations: ghosting.
It is however completely unacceptable in business transactions.
First, if you have a written agreement with an agent there should be a clause about how the representation is severed. My clause says written notice and 30 days later, done. From either party.
If you do NOT have a written agreement, you have an oral agreement. You still need to sever it in writing.
The reason you need this in writing is because if you sell another book, and the first agent says "hey I'm your agent" you better have written evidence she's not, or you're going to be forking over 15% to her for a project she didn't sell.
And you know when people come out of the woodwork with their hand out? When there's money at stake.
She's no longer your agent in practice, but she's your agent of record. You need to talk to her directly and ask if she still wants to work with you. If she's just been sitting on your work for years, you might want to find out why that's happened as well.
You mention a "falling out" after which you didn't speak for a while. That's a pretty big clue that something is very very wrong here.
If you decide to sever, a written notice, sent via a service like UPS or FedEx that gives you a delivery receipt is required.