There's a recurring question covered in blog posts by agents and authors that's often titled: "Is an Agent Worth It?"
I do not have an agent and have just received a contract for a 3-book deal. I would now say, without reservation, that an agent is DEFINITELY worth it.
I would give my left foot to have someone more experienced with more clout be in charge of this contract and the negotiations.
The story of why I am agentless is too long to include here, but I definitely want to strap on my armor and find an agent for any books subsequent to Book 3.
When is the best time for me to look for an agent under these circumstances? And, is there anything I need to know about querying under these circumstances -- anything that is different from the general agent-search advice?
For starters, if you (or any writer reading this) find yourself with an offer and no agent, email me and I'll put you in touch with people who review contracts for authors on an hourly rate. Most of them are former publishing company contracts department people.
As to your actual question: You'd do well to query now even though the agent will not be the agent of record for those books.
Never assume someone won't be interested in establishing a relationship with you early on.
Also, you can pay an agent from your contract proceeds directly. The publisher pays you, you pay the agent 15%.
If you are unable to secure interest at this stage, you'd query next when the publisher is talking about the option book for this contract.
This is one of those times when hitting a good writing conference will be useful since talking about your situation with an agent might be a lot easier than querying about it.
60 comments:
Hi ho !
I have a left foot waiting just in case an agent wants it, bunion and all.
I've heard that, if you've been offered a contract with a publisher, that's the time to contact agents, before you sign. Is it true that agents would be interested in representing someone who has an offer?
Similar question: Are agents interested in contracts with small press publishers? What about e-only publishers?
So apparently my work computer no longer allows me to post comments... That's.... Inconvenient...
Anywho, I'm back from vacation and catching up on the blog! Today's topic is so interesting and so foreign that I can't even pretend to have an opinion on it. (I felt the same way about yesterday's topic).
All I can say is good luck OP! I hope it all comes together and you find an agent post-publication or one to pick up from here!
Yup. What they said.
I have definitely heard of people picking up agents when they already have a contract in hand (as long as it's not signed!). Probably a lot depends on the individual agent's preferences, and who the publisher is.
Good luck OP!
As a sidebar, I've been away from the computer for almost a week due to family and sickness related issues, and holy cramoli, what a week to miss! You guys with the flash fiction, it's getting ridiculous how good the entries are.
Congrats on the contract!
I'm interested to know how this sort of situation comes about - presumably not by wishing really hard for it! I assume from approaching publishers directly?
If so, is that considered an easier alternative or more difficult than querying agents - presumably not all publishers accept unsolicited queries, so it's more limiting. Is a publisher more likely to say 'yes' than an agent? (I have no idea how anyone would begin to answer that!! How would you know?)
I am currently firmly in the 'find an agent' camp, for all the reasons OP listed and more, but like to understand all the other avenues too. Just in case all that wishing pays off.
Also Janet, In case you haven't seen it, you have a suspiciously spammy comment on the end of yesterdays comments.
Brian and Sam: Welcome back!! You've been missed. :)
This is an interesting situation. Well done, Opie for getting that three book deal. To Laura Mary's question, I often see small publishing houses calling for query submissions alongside agents, so from that perspective there doesn't seem to be much difference. But from what Janet has said in the past, dealing directly with a small publisher has its pros and cons. You get more of the revenue since you're not giving 15% to an agent, but also don't have someone advocating for you when it comes to contract negotiations, and the business side of publishing. You either need to hire that help, or become savvy at the kind of things that people build careers doing. Also, its unlikely you'll get a big (or any) advance from a small publisher, and their first print run is not going to be huge. But on the other hand, small publishers are more willing to take on "riskier" projects, niche genres, etc. So signing with a small publisher may be "easier" from that perspective, however the best of them will still require you to write a durn good novel, so the standards aren't necessarily any lower than what an agent would expect.
As I said, I've gleaned most of that from this blog over the years, not from personal experience, so take it for what it's worth. Hopefully Janet will clarify and correct me where I am mistaken. I just hope she doesn't send me to the salt mines again... :)
*on the other hand, small publishers are more willing to take on "riskier" projects, niche genres, etc*
Yes - I think that's what I was thinking of. An agent not only has to love your book, they have to be convinced that they can sell it to a publisher. By going direct you are cutting out anyone who maybe also loves Kale recipes but isn't convinced of their commercial appeal.
Laura: Tell me about it. I've been trying to convince Janet to take on my book CARKOON'S BEST KALE RECIPES, but alas... some people! :)
Hey, who kidnapped Julia and took over her computer?
LynnRodz: I was wondering the same thing. Only four words? That would be like me only giving one comment! :)
Okay, call me slow this afternoon (too much wine, not really I haven't started yet) but what do you mean?
Also, you can pay an agent from your contract proceeds directly. The publisher pays you, you pay the agent 15%.
Are you saying to pay the agent 15% for the 3 book deal OP has gotten on his/her own and has already signed the contract? If that's the case, why, if it's already a done deal? Apparently, it's not a good deal because Opie is willing to cut off their left foot, but that's beside the issue. Maybe someone else will answer...BJ, where are you?
Congrats OP for your three book deal. I'm curious how you landed this without an agent. I'd do what Janet says and hire an agent out of your pocket.
I read that Stephen King's agent sold Carrie for 400 thousand dollars. The agent promised him half the price he might obtain. I bet King negotiated better deals after that sale.
It seems writing books is the minor part of publishing. The business side of my work is already too much of a time suck from the creative part. I'd rather die agent-less than publish otherwise. Having to do all that publicity and contract reveiwing is a daunting thought. The best contacts are in a good agent's hands.
Now, Prof. Smith, you said it, not me.
Big congrats to OP on a 3-book deal. That's amazing--and to have done it without an agent! A follow-up to this would be interesting, to find out if and when OP secures an agent.
This blog has seeped into my dreams. The other night I dreamed the Shark, faceless and behind a closed door, offered me representation for a cozy I'd written. (I don't write cozies and rarely read them.) In fact, she said my submission was really the first in a series and she'd be able to negotiate a multi-book deal. I could see her smile (grin?) even from behind the closed door. Then there were a lot of dis-embodied voices in the hallway discussing the definition of a cozy.
Angie: If I recall, that figure was for the paperback edition of CARRIE. The original HB didn't sell for a huge amount. His agent had told him the paperback rights could sell well, but not to expect more than... I think the figure he quoted based on his experience was in the tens of thousands of dollars. Even his agent was surprised at how much he ended up getting (about $400,000, as you said).
The story's in ON WRITING, and King doesn't have anything negative to say about his agent and that deal (and trust me, he would if he did).
"Also, you can pay an agent from your contract proceeds directly. The publisher pays you, you pay the agent 15%."
Lynn - My interpretation was that this would be the scenario if OP managed to get an agent *before* signing the contract, so the 15% would be for all the negotiations an agent would usually make (and all agenting going forwards), they have just skipped the part where they pitch to publishers.
My first agent I had via a recommendation from a company I was working with. That project with a television sitcom didn't happen but subsequent work etc did. So my advice supplementary to Janet's clear message to try and get out and speak to people is to speak also to the Editor/s themselves. Who would they recommend as an agent/s etc. It's a people business, people know people they like working with and etc. IT's not really a conflict of interest at all for a publisher/commissioning editor to throw out some names. (As far as I know - unless there is some code of conduct I am unaware of - and with legitimate publishers/agents the idea of some kind of stitch up just doesn't happen) Ultimately it is your decision and they know that and some general advice is in their interests too. A three book deal is great but clearly you wan't it to be great for you too for the long term. If if is something you are comfortable with I would pick up the phone and speak to them. Ask them to give you some names. As Janet points out you are into the legal mode here - the sale has kind of been done and it's making sure everything is as it should be. Professional publishers deal with writers professionally. They perfectly understand you need to get the contract checked over and will give you reasonable time to do so - they want you on board. Meanwhile brilliant news!!! And at the very least again as Janet has already said get a legal beagle to get his magnifying glass on the documents. Given the digital explosion - standard contracts from a few years back are changing quite a bit - there is lot up for negotiation.
"Also, you can pay an agent from your contract proceeds directly. The publisher pays you, you pay the agent 15%."
I agree with Laura Mary this is what QOTKU meant. Even though the OP secured the contract without the help of an agent, now they need one to untangle the legalese, and make sure they don't sign something detrimental to their career or future publishing. Not fun, I can assure you. All contracts seemed filled with useless words. I don't understand why they can't simply state the facts without all the fancy schmancy wording.
Then again, that's why we have lawyers too, right DENA?
Donna: I've heard that "legalese" developed from the days when lawyers were paid by the word. You'd think that still applies! However, my best explanation is they are overly verbose as a defense against other lawyers who will pick their words apart looking for ANY loophole. Am I right, Dena? :)
My question:
What words would a writer in this situation use when contacting a possible agent? Help, I need somebody?
Angie, read King's book on Writing. His tale about how Carrie sold is amazing and a lot more than 4 grand. If I remember correctly he was home alone and the amount during 'the call" brought him to his knees.(I think)
2Ns: I believe the figure of $400,000 for the paperback rights is correct. He bought his wife a hairdryer to celebrate. There were a lot of tears. You're right, it's a cool story and worth reading in King's own words, not ours. :)
Colin and Carolynn, I have it on my shelf. My memory for numbers is bad. I remember that his wife cried when he told her. The emotion is what sticks in my skull not the numbers. Another reason I'd prefer to publish with an agent. I don't know how I manage to do my own taxes.
Brian: It's possible you may have been logged out of Google/Blogger while you were away. Did you try to log in again?
Or is your company of the type that thinks the interwebz is evil and kill kill kill!? (I have a friend who works for such a company. They are a very technical company, but paranoid. Some of the things they allow and don't allow are ... well, difficult to understand at times...)
I'm interested in the answer to Audrey Shaffer's question about small press/e-only publishers. I can understand agents would be less interested in these markets, as there is less money to be made. And 15% of less money is even less than that.
Laura Mary: Small presses don't require agents. There are a few large presses that don't require agents. Most Canadian publishers - including Harlequin - don't require agents. All these publishers can be queried directly or pitched at conferences.
I'll say right now: I definitely want an agent. But I've started looking at other avenues, too. It's taken me a long time to get to the point where I would consider anything else, but I've reached that point.
The Saskatchewan Writers' Guild offers legal help for members, especially as pertains to contracts. Other such organizations - guilds, associations, whatever - probably do as well. But I really appreciate Janet's offer. I might be taking her up on it, especially if the publisher I (someday) hold a contract for is American.
Lynn: Where was I at 7:13 my time? Trying to wake up. :P
I can see why you might want to bring an agent in after the fact - after all, an agent does more than just get you a contract. Legal advice, writing advice, career advice, legal wrangling, etc. If they haven't signed the contract yet, the agent can help make sure it's fair. Plus, OP's got three books here. While things should be smooth going for all three, it's entirely possible (especially with a small press) for things to change mid-contract.
I wonder, if OP signs this contract, then gets an agent, would the agent take care of all the legalities? For instance, if the publisher were to pull a nasty, would the agent be able to help? Or would the writer have to get a lawyer, anyway?
All of this is to say: I really, really, really want an agent advocate on my side. I've heard horror stories about small presses and agent-less authors... but I've heard good stories, too. But I think an agent would be able to fend off the horror stories and make sure that all stories are good.
Oh Theresa: You got me laughing. That's the perfect metaphor for this group!
Colin: I agree that lawyers are always looking for loopholes in the language of a contract, but I'm not sure it's necessarily because they were once paid by the word. After all, words like 'hereafter' and 'notwithstanding' take the place of multiple words.
There's a story of a huge American telecommunications corporation who made a deal with a smaller corp in eastern Canada. Somehow, a missing comma gave the smaller corp the legal ability to end the agreement, when the huge corp thought the contract would last until *they* wanted out. Granted, that's not very common, but it really does show the nits and picks that go into contract reading. (And I shivered in glee when I read about it, when it happened, as I am a very picky proofreader.)
You all do know there are other lawyers who comment here, besides me, right? But my name probably comes foremost in your minds because the other lawyers here are nice, normal people, and I'm the typical obnoxious one =)
When I was in law school, part of my Legal Writing I class was learning how to read and write “lawyer-eze.” The other part of the class was called Plain English for Lawyers. No wonder lawyers are messed up.
As a general rule, at least in CA, if a contract is ambiguous or a phrase can be interpreted in more than one way, it is generally construed AGAINST the party who drafted it. That's why there's all these duplicative phrases, etc, because the party drafting the contract wants it to be as air-tight as possible.
For example, the phrase “cease and desist” means “stop and don't start again.” My guess is that somewhere along the line, someone argued that “stop doing that” didn't also mean “don't start again,” and the person who started again won, because he's not the person who wrote the contract. So now lawyers put both words in their contracts.
Besides, why would you agree to pay $300-400 per hour for a lawyer to write words that are straight-forward and easy to understand?
I get teased a lot in court because most of the agreements I write are in plain English. Maybe that's why my firm doesn't bill $300-400 per hour =)
Congratulations to the original poster. That's great news. Yes, I would still try to get an agent. Agents do lots of things other than secure contracts.
Captain Meerkat, welcome back. You were missed. I hope you had a great vacation.
Sam, you as well, but I figured you were busy with the new agent and had to play professional writer, rather than just play. For those who haven't had the privilege of reading Sam's work, it's a great story. No wonder he had two agents faunching at the bit to get it. I haven't finished it, but so far it's super.
I'm so slow lately on reading manuscripts lately. *hangs head in shame* I'm pretty sure a weresloth bit me.
I've been reading a lot of Civil War journals and letters while I was at my son's this last week. A fortunate or unfortunate byproduct is the driving urge to create.
I would not trust a writer who doesn't read.
Dena: It did occur to me that other lawyers comment here (TLC comes to mind). But you blog about legal stuff, so I guess your name comes to mind first.
Other Lawyers in the Shark Tank: Feel free to chime in. :)
UK (BRITISH/ENGLISH/SCOTTISH/IRISH/WELSH) WRITERS, a little pro tip for you: if you join the Society of Authors (for a dirt cheap yearly fee) they will do a clause-by-clause vetting of any publishing contract you receive. It's miles cheaper than a literary lawyer and helps support a great organisation fighting for writer rights in the UK.
http://www.societyofauthors.org/where-can-i-get-advice-my-contract
Julia: Have you met Emma Maree before? She's a Scottish writer; lives in the Highlands. I haven't yet persuaded her to post an audio of her reading something which is sad because I'd love to hear her accent. :)
Emma, Julia. Julia, Emma.
Thanks, Laura Mary, Donnaeve, and BJ. Sorry, BJ, didn't mean to wake you up. *-*
I've had my first glass of wine and can see clearer now. (Joke. If I keep this up people will begin to believe it and think I'm a wino. Now why do they not call a woman who drinks a lot of wine, a wina? Never thought of that before.)
Colin - thank you! And Sam, Welcome back!
Bj, I work for the kind of company that requires an FBI fingerprint scan and dna sample before they'd hire me. And when I got a new internal position, they made me do it all again. So yah, it doesn't surprise me. They probably found out I was posting, branded it social media and banned it for me. :)
Julie! Feels good to be back! I was mostly hoping for survival. I attended a week long bachelor party and it was quite the debacle. I'm just glad to be home!
Criminy, Captain. You survived a week long bachelor party? I'm impressed at the stamina.
"Bj, I work for the kind of company that requires an FBI fingerprint scan and dna sample before they'd hire me."
The last company I worked for didn't even allow you to check personal emails at work. Instant termination. They allowed me to keep my phone with me, normally they had to be turned in at security when you came in, only because Will was in Iraq at the time.
Julie Weathers, I believe the cure for being bitten by a weresloth is to be kicked by a work horse. Or was it bitten by a work horse? Either wouldn't be pleasant, but I know I sometimes need a good kick in the pants to get moving on things. :)
I don't know how to protect against biting weresloths. I have yet to succeed in this endeavor.
Let me add my congratulations. Though you might feel overwhelmed at the moment I have to advise you to relax a bit. You might have hit the pot of gold at the end of a batshit crazy writer's dream. It is too early to tell so let it roll. If nothing else you will have gained experience and a nice chunk of biography to toss into a query.
In one of the many corners of the thing I call a mind there is the dream of being the person to turn some rogue publisher's dream into a reality. Of course there are pitfalls there too. But you can't win if you don't bet.
There are probably a lot of others in your same predicament. All of the pitch wars and twitter feeds are also populated with a wide variety of small publishers. Other dreamers had to be surprised by them too. Maybe your question will cause of few to fess up. It would be nice to really learn a few other such stories of alternate roads to possible success.
Best of luck and don't spend everything to try and get out yet.
OP,
Well done on the writing to earn a 3-book deal. Bravo! You are living the dream. Well, after the nightmare of the contracts subsides, you'll go back to living the dream.
No sense commenting on the rest where you'll (always) get better advice from the Queen. Good luck to you going forward.
Brian: Yeah, I can see that happening. Still, it's nice to see you back. Alive.
Lynn: No worries. I'm still not awake.
Marc P. "It's a people business, people know people they like working with and etc"
QOTKU has mentioned many times in many ways the personal contact part of an agent's work. Whether it's in a bar over a Weresloth beer or dancing pantless or in a conference.
Speaking of Mr. King (we were weren't we) I had the exciting pleasure of driving by his house a bunch of times to check out his cool fence. (My husband's cousin taught King's son). Anyway after the bazillionth time driving by, we left because we figured we'd be arrested for stalking.
I am so easily star-struck even by a cool spider web fence.
As someone who has done it both ways (first novel with a press, second book now with an agent--not sold yet) I approached a publisher whom I knew had a literary series that my novel fit right into. I had a very positive experience and was able to negotiate the contract on my own. But the contract was for the one book, which made it easy. Now I have an agent and feel that, should it work out, I have perhaps access to larger publishing houses and more opportunities. I certainly could have sent the second ms to the same press (they asked me to). I felt it was time to change things up. I think it is all dependent on your goals.
Haha Angie ... it's true. Well I don;t know about the dancing or how often she has referenced such - but from my small trips here it is quite clear that common sense holds.
Speaking of publishing, and books, and... stuff...
Bouchercon! Actually, I was originally going to email Janet directly to ask, but I decided to ask here because a) I'd like y'alls input too, and b) others might benefit from what Janet says.
I'm a complete n00b when it comes to conferences and conventions. Even fan events like this. Especially book fan events. Sorry--I don't get out much. :) So, tips! Do I bring books to be signed, or is that a social no-no? Will there be books for sale (I can't imagine not, but let's not assume)? I presume there will be some kind of orientation on the first day to make sure we all get to the things we want to go to (including the bar), and don't miss anything? Any veteran's tips for making sure I meet people I want to meet in the best possible way--aside from not acting like a nervous woodland creature, which will be a struggle? :) Thanks!
Colin, in my experience, if there will be a book signing, the books will be there to be bought. But no one will send you away if you bring one you already have. (As long as it's not a library book - that's kind of gauche.)
A book signing is to give you a chance to meet the author and - hey! - get your book signed.
Now, if there isn't an actually book signing scheduled, then it's okay to carry a book around in the hopes that you'll run into the author, who will then sign it, but - as with agents - be considerate.
Now, that being a fan show more than a writing conference... I'm pretty darn sure there will be book signings. Bring as many books as you can carry in your chosen means of travel.
Oh Bouchercon...
Colin, good questions as it will quite literally be my first ever writerly event. No writer's conferences for me. (not yet, don't have any planned, not sure I'll ever do one for various personal reasons, a.k.a. stressed out Little Dog)
I will have a weird schedule for BCon, but, will obviously make it a point to hunt all the "Reiders" down along with her Sharkness, AND it turns out by chance aside from all the people you've mentioned coming in the past...Liz Mugavero will be there, another writer signed with my agent.
Jeez Louise I wish I go to B and meet all you Reiders.
I'm thinking: worth it, at least in the context of a market where you have limited experience, I would be a bit hesitant to pull the, 'Oh by the way and this is my agent' line though, that's a tricky one to pull off. The contract needs an, in the know inspection, pitfalls like a below the line cut should be obvious but without an intimate knowledge of the market and practices, some misconceptions could be ahead.
Firstly, congratulations to the poster for getting a 3 book deal. That's awesome.
One of my CPs was in this situation a couple of years back. She'd been querying agents with her book, but got an offer from a small press based on a contest win. She emailed all the agents who had her MS to tell them about the offer. One of the agents signed her and worked to negotiate the contract etc. Down the line, it became very clear that this agent hadn't ever read the MS and had no understanding of the book or what my friend wrote, and even got angry at my friend when the book didn't sell well, despite the hundreds of hours she spent promoting it.
So be wary of agents who might see an easy way to make some money for doing less work than they usually have to do. It's been a long, difficult road for my friend as she tried to get out of this agent's clutches without losing her book.
This and the bazillion other reasons already discussed are why I want an agent.
For those Aussies here, there are also options for getting help with contracts. The Australian Society of Authors, plus there is an agent who offers contract review services. Before anyone gets their nose out of joint about an agent charging - in Australia it's very common to not have an agent to get published with an Aussie publisher, so this is a very needed service for authors who want help with their contracts but not have an agent.
This post surprised me. It would never have occurred to me to contact an agent for referral to someone who could help deal with a contract. That's really... generous.
And then you said: "Never assume someone won't be interested in establishing a relationship with you early on."
This is ambiguous enough for all my hamsters to be working overtime. Or maybe I'm just particularly obtuse today. What do you mean by this? Can you define "early on" in this context? For that matter, what does "establishing a relationship" mean?
Not that I dare act like I know the answer...b/c I don't, but my own interpretation of "Never assume someone won't be interested in establishing a relationship with you early on," was more about the OP already having the pub contract for the three books and even though the agent didn't participate in that, they (OP) could still seek representation for any subsequent books.
:)
Sidebar. Is there a party on Carkoon? Oh well. Off to supper. Night all.
I attended a conference a few months ago, and an editor at an excellent but small press requested my manuscript. I told her my plan to query agents once I had the project ready. She encouraged me to do so, but also implied that if I struggled to find an agent, I could still submit to her and if she wanted to sign the project, she could refer me to a few agents.
This is a long-winded way of saying the OP might talk to his or her editor, too, and see if there are agents s/he would recommend. Then research the heck out of the recommended agents.
Just to let folks know – you know, just in case anyone wants my opinion – I'll probably be scarce for the next few days. I'm heading to another conference, and I don't know yet what the wifi will be like. If I can get online, I'll try to follow the comments.
I know, I know. Why do I get to go to two (maybe 3?) conferences in one year? Because I'm a sucker for punishment... and for the energy that comes from these things.
Here's where I'm going: When Words Collide, Calgary 2015
I'm kinda stoked now. Anyone else here heading to Calgary this weekend?
Theresa, we are indeed, the voices in the hallway. Some smart, some smart asses, we are the Reiders.
How about some T-shirts.
"Reiders do it in double space".
Carolynn, "We are indeed, the voices in the hallway."
Yes, yes, and that's why this is one of my favorite blogs to read. All of those voices in the hallway keeps them from piling up inside my head!
Nobody told me there'd be days like these.
@Colin and @Julia (very very belated reply, sorry), thank for the intro to Julia, lovely to meet new people! I would like to put some readings up some time, lovely internet friends (especially Amerifriends) have been encouraging me to embrace my accent more. Maybe when I have some new work out I can uploading readings. :)
Colin, hope you have a great time at Bouchercon! Make sure you have arrangements to get all your shiny new books home. The last con I went to, I located a budget postal courier near the con and had the books shipped up. Easier and cheaper than taking it on the plane, and less hassle than lugging it on the train! If you're going by car, it's probably a bit easier.
John,
Nobody told me there'd be days like these.--
If they had you wouldn't leave the house.
John and Julie M.: Mama told me there'd be days like this.
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