A big thank you to: http://www.agentquery.com/writer_or.aspx
When an agent wants to offer representation to me and my book, how will I
know?
When an agent wants to offer you representation, they will
contact you and say so.
Often an agent will email a writer and explicitly
say, "
Hey, I want to discuss representation. When would be a good time to
call?" Other agents will simply call and let the writer know that they are
making the offer at the beginning of the phone conversation.
However,
some agents call writers and conduct a casual "interview" conversation before
formalizing an offer. These agents want to discuss the manuscript and "feel" out
the writer. And guess what? That's okay. Go with it.
Agents who call to
discuss a writer's manuscript before offering representation simply want to
learn more about the writer. They want to gauge your personality. They want to
see if there's a connection. Remember, this is likely your first experience
working with an agent, but it is
not the agent's first experience working
with a writer.
Many agents want to hear how the writer sounds on the
phone before they officially extend an offer: does the writer have a
professional demeanor? Can the writer eloquently and passionately talk about
their writing? Is the writer a one-hit wonder, or do they have plans to write
more books? Does the writer have realistic expectations about the agent-client
relationship? What about realistic expectations regarding the potential for a
sale and the estimated $advance$?
Some agents will hold back on making
the offer until they assess the initial vibe of the first conversation. And at
the end of this conversation, it is always the writer's right to come right out
and say, "So, now that we've had a chance to discuss my work, are you interested
in representing me?
However, most of the time, agents rarely beat around
the bush when making an offer. When they want to sign a client, they know it.
And they let the writer know it, too. For more on the agent's perspective of THE
CALL, please read our symposium series,
When
Agents Call... What happens if I receive an offer of
representation from an agent, but I am still waiting to hear from other agents
who also have my full manuscript? What do I do? This happens more
than you think, and writers are notoriously bad at handling this situation. The
first thing that you need to know is that Ms. Offering Agent
won't be
offended if you don't accept her offer of representation right away after the
initial phone call. Ms. Offering Agent will only be offended if you accept her
offer of representation, and then one month later, change your mind because your
real top-choice agent finally calls and makes you an offer.
For
this reason, it is very important that you not accept the first offer you
receive from an agent until you've had a chance to alert all the other agents
who are still considering your full manuscript that you have an
offer...
Yes, you should still take the time to speak with Ms. Offering
Agent on the phone. Ask questions. Feel her out. Consider the chemistry. Get a
sense of her personality. Is she someone you can trust? Does she sound easy to
work with? Do you both have the same view of your project? Will she require a
rewrite that you agree with?
However, at the end of this initial
conversation, you should let Ms. Offering Agent know that you are excited about
her offer, but you'd like to take some time to consider it. Also, let her know
that other agents are still considering your full manuscript, and as a
professional courtesy, you'd like to alert them that you have an offer and give
them a chance to respond. Tell her you are very interested in working with her,
and that you'd like two weeks to think over your decision. End the initial phone
conversation with Ms. Offering Agent on good terms, and agree to touch base
again with her in two weeks regarding your decision.
Sounds simple,
right? But you wouldn't believe how many writers botch this part of the process
up. Not accepting an agent's offer—right then and there—is not offensive to the
agent. It's business, and she knows it. In fact, she'll likely respect your
honesty and professionalism because all agents have been on the other side of
this fence, finding out that a writer has accepted an offer of representation
without first giving them the chance to make a counter-offer. Agents really hate
that.
As a result, it
is a professional courtesy to let the other
agents know that you have an offer, and give them a chance to respond. Ms.
Offering Agent will respect that, even encourage it, because good agents want to
make a good agent-client match. They want their prospective clients to feel
happy about their decision, and they want to work with clients who want to work
with them. If a writer regrets their decision a month later, or feels bad about
jumping at the first offer they've received, then nobody wins. Agents are smart
enough to know this, and will respect writers who understand this as well.
Once an agent has made me an offer of representation, how long can I
keep them waiting for my decision? It is important to know that you
should not make Ms. Offering Agent wait forever. You should be able to make a
decision in two weeks. Three weeks tops. If you have put Ms. Offering Agent on
hold because you are waiting for your "first choice" agent to get back to you,
and over and over, she doesn't, then Ms. First-Choice Agent might have a problem
making a decision of her own.
Once you inform the other competing agents
that you have an offer of representation, they will often ask for an extra week
to read it and decided whether or not they want to make a competing offer. (You
wouldn't believe how fast agents can read a full manuscript when they want to,
even after sitting on it for months). If these same agents do not come back with
a response within a week, then it's important to move on, and perhaps revise
your expectations of who you thought your "first-choice" agent would be.
Otherwise, if you wait longer than a month to make a decision, Ms.
Offering Agent is likely to feel dissed. There is a point, after all, when
decisions need to be made, and not making them becomes a sign of
unprofessionalism.
Okay, so I understand that I have to alert the
other agents who are reviewing my manuscript that I have an offer? What's the
best way to contact them?The moment you have an offer of
representation from an agent, you should alert
all the agents who have
requested your full manuscript (and even partials).
Contact these agents
via email. In your email, use a very clear subject line: OFFER OF
REPRESENTATION—
Title of Project. Then draft a very brief email, letting
these agents know that you have received an offer of representation. However,
tell them that you have not accepted the initial offer. Instead, out of
professional courtesy, you are checking in with them regarding the status of
your manuscript.
Within hours, we guarantee the remaining agents will
email you back with one of two possible answers.
First possible
answer:
Thank you so much for alerting me about your offer. I apologize
that it has taken me so long to review your manuscript, but I am still very
interested, and if possible, I'd like a few extra days to read it. Please let me
know if this will work within your parameters. Agent are
competitive. When they find out a manuscript, which has been sitting on their
desk for months, has suddenly received an offer of representation, then that
manuscript moves to the top of their reading pile. Agents can read your
manuscript in two days if they know there's a chance that a great manuscript
might get scooped up by their competition.
Second possible answer:
Thank you so much for letting me know about your offer of representation. I
apologize that I have not had a chance to review your manuscript, and I wish you
the best of luck with your new representation.Translation: they
aren't interested in throwing themselves into the agent rat race.
There
is a third possibility: you won't hear back from some of the agents at
all. In this case, we suggest calling after you've sent an email, especially if
Ms. Silent Agent is one of your top-choices. If you can't get her on the phone,
leave a detailed message, citing the fact that you've received an offer of
representation, and you are alerting all the agents who are still considering
your work before you accept the initial offer. After the phone call, if Ms.
Silent Agent gets back to you within a day or two, great. If not, Ms. Silent
Agent is silent for a reason. Move on.
An agent has called and left
me a message to call him back. Does that mean he is going to offer me
representation?If an agent calls you on the phone and leaves a voice
message, do not jump to any conclusions.
Yes, most of the time, if an
agent reads your full manuscript and calls to discuss it, it's a good sign. But
it may not always be
the call.Are you freaking kidding, you say?
What the heck do you mean it's not
THE CALL?
We have known a fair
number of writers who have received THE PHONE MESSAGE, which is not the same as
THE CALL, although it can be deceivingly similar to newbies.
The PHONE
MESSAGE goes something like this: Mr. Agent finally has read your manuscript
after sitting on it for months. He calls and leaves a voice message, saying that
he wants to discuss it. However, what Mr. Agent doesn't say in his voice mail is
why he'd like to discuss it. Mr. Agent makes no mention of wanting to
discuss representation. He simply says he wants to discuss the
manuscript.
The good news is that the agent finally called, right?
Uhm...sort of. As writers, our little literary hearts flutter any time
an agent calls. We've been waiting for THE CALL for so long, and here it
is!
The bad news? Mr. Agent is not calling to offer you representation.
He's calling to discuss all the reasons why he cannot offer
representation.
Yeah. Exactly. It kinda makes you want to find the
nearest window.
We can’t explain why some agents feel compelled to do
this, we just know that it happens. Maybe the agent wants to call the writer, to
be "encouraging" (although in the moment, it usually feels like the exact
opposite). Maybe the agent really likes the writer's voice, but the story isn't
for him, but he wants to "encourage" the writer to query him again with her next
project. Maybe there’s been a long history of email back and forth between the
writer and the agent, and the agent feels obligated to let the writer
know—voice-to-voice—why he can't take her on as a client. Or maybe some agents
just feel really bad about rejecting writers, and they want to let us down easy.
Kinda like inviting the neighborhood teenager to present his entire steak knife
pitch, then waiting until the very end to explain why you can't buy any new
steak knives because you already have three sets.
Bottomline: we don’t
really care the reasons why agents call writers to reject them. We just know
that writers often confuse THE CALL with THE PHONE MESSAGE, and we don't blame
them.
THE CALL: when an agent calls to offer representation, what do I
say? What questions do I ask? How can I make the best impression
possible?Assuming that the agent is calling to offer representation,
THE CALL is perhaps the best chance you'll have to determine your compatibility
with Ms. Offering Agent. (unless you live near NYC, in which case, agents will
often ask to meet).
You should definitely ask questions—during the
second-half of the conversation. But for first-half, we recommend letting the
agent drive the conversation. So if you're nervous, let the agent do the
talking. Truly. Agents like to talk. They like to engage. And they're usually
the ones making the first move by calling you to discuss your book, so let the
agent set the initial agenda of the conversation, especially if you're insecure
about what to say.
Most agents will say, right away, that they are
interested in offering representation. Other agents might wait and feel you out.
Either way, the agents will likely have questions, just like you. Let the
conversation proceed casually. However, don't get intimidated into silence. Be
prepared to talk passionately and eloquently about your book. Ask questions,
too. Here are some important questions that writers should ask of every offering
agent:
- What does the agent like best about your project?
- Does the agent feel that the project is ready for submission to publishers,
or will she require revisions before submission?
- If she thinks it needs revisions, are they small tweaks, or does she want a
major plot or character development change?
- Which publishing houses does the agent believe would be a good fit for your
book?
AQ Commentary: (hopefully the Big NYC Publishers, not just small
presses)
- How many editors does she plan to pitch in the first round of submissions?
AQ Commentary: ("six or more" is average for most commercial and
genre fiction. Less than "three" should give you pause. One at a time is a bad
answer.)
- How often will she update you regarding the status of your
submissions
AQ Commentary: (once a month is standard, although we know
some published authors who touchbase once a week and even once a day). But less
than once a month, and your agent might be more hands-off than they should
be).
- Is this agent interested in representing only this project, or all your
future books?
- Does the agent use an agent-client written agreement?
- Does the agency handle the sale of subsidiary rights, like foreign, film,
audio, and translation? (or do they have a relationship with a sub-agent who
handles the sale of these rights on their behalf)
This is your
chance to really find out if you and Ms. Offering Agent see your project the
same way BEFORE you commit to working together.
You don't have much time
in this initial phone call, so try to avoid squandering precious minutes with
basic questions like: What other books have you sold? Are you a member of AAR?
Who are your other clients?
Technically, you should already know the
answers; that's why you queried Ms. Offering Agent in the first place. Instead,
spend your time "connecting" over the work and discussing the mechanics of how
your future agent conducts business with her clients. For more on the agent's
perspective of THE CALL, please read our symposium series,
When
Agents Call... I have received an offer of representation
from an agent, but he doesn't use a written agent-client contract. Is that a bad
sign?There are many agencies that do not use a written agent-client
agreement. The agent-writer "hand-shake" deal is very much still alive and well
in the publishing industry because all publishing contracts spell out the
agent's commission and payment terms of the sale. For this reason, some agents
feel there's no need to have a written agreement between the agent and client
preceding the sale of the client's work to a publisher.
I have
received an offer of representation from an agent, but he wants me to sign an
agent-client agreement. Is that a bad sign?Just as many agencies
don't use an agent-client agreement, there are many that do. These agencies
require all prospective clients to sign an agent-client contract before
conducting any business on behalf of the writer.
Don't freak out if you
are asked to sign an agent-client contract, okay? Really, it's standard
business-world procedure, so get over the fact that you aren't a lawyer. Neither
are we, nor do we play one on TV, but that doesn't mean we still don't know that
every writer should use common sense when it comes to deciphering the basic
terms of an agent-client contract.
Consider the most important aspects of the
agreement, and make sure those are kosher:
- The term of the agreement, or how long the agreement is in effect:
- One-year?
- Six months?
- Best answer: Either party may terminate the agreement for any reason
thirty days after written notice.
- Termination clause: how can you get out of the agreement if you want to?
- Law Suits?
- Arbitration?
- Best answer: Either party may terminate the agreement for any reason
thirty days after written notice.
- What happens if either party to the contract dies:
- Your mom becomes the client?
- Your ghost is legally bound forever to the agent?
- Best answer: The agreement is automatically terminated.
- What happens if your agent leaves the agency to start her own agency:
- You are tied forever to the first agency, not the agent?
- You are dropped as a client and no one else may represent your book?
- Best Answer: you are free to terminate your contract with the first
agency and re-sign with your agent under her new agency's
umbrella.
BECAUSE WE ARE NOT LAWYERS, WE ARE WRITERS we
can only imagine a few more basic questions to ask yourself before
signing an agent-client agreement.
- Is the percentage of the agent's commission 15% for domestic rights and 20%
for foreign rights?
- Does the agent-client agreement cover all your writing, or just the single
title of the book listed on the agreement?
- Does the contract require you to pay for "reimbursement of expenses," even
in the event that there is no sale?
- Does the contract require you to pay Agent #1 a commission on the sale of
the book, even after you jump ship and switch to Agent #2 and she makes the sale
on your behalf?
Again,
WE ARE NOT LAWYERS and WE SERIOUSLY KNOW
NOTHING about contract law. So if you don't like something that you see in
an agent-client contract, hire a contracts lawyer or attempt to negotiate the
change in the contract yourself. But don't be afraid to ask. Agents deal with
newbiew writers all the time, and the way that she handles your questions now is
a very good indication of how she will handle your questions when she snags you
a publishing contract.
An agent calls and tells me she enjoyed my book, but she thinks
it still needs some work. We discussed all the revisions that she wants, but she
didn't say that she was offering representation. Instead, she said that she
would be happy to re-read the revised manuscript. Does this mean if I make the
changes, she will make an offer?Unfortunately, no. Not always.
Writers need to be aware that some agents request revisions from a writer BEFORE
making a formal offer of representation. Usually, an agent who suggests changes
without making an offer believes your manuscript is 75% there. But the last 25%
is the deal-breaker, and the agent wants to see if the writer can pull off the
revisions before committing to the project. If an agent calls to discuss
revisions—without offering representation—then you should hear what they have to
say. But please be aware that the agent has not made any commitments to you as a
client; they are simply letting you know that they would like to see you make
specific changes. After you make those changes, then they would be willing to
reconsider your work. Nothing more. Nothing less.
If an agent calls and
communicates that they like your work, but would like to see certain changes
made BEFORE they formally offer representation, then tread carefully.
We're not a fan of agents who encourage revisions without making a
formal offer. It's a murky purgatory for any writer, and at the end of the day,
there are no guarantees.
You may choose to make these revisions. You may
choose not to. You may choose to make them while simultaneously querying other
agents. You are not on the hook to this agent, and they are not on the hook to
you because you are not a client—yet. If you agree with the agent's suggestions,
then go ahead and consider investing time in making the revisions. But don't
stop querying other agents. Yes, Ms. Critique Agent is generously giving you
feedback and encouragement. But she hasn't elevated you to client-status, so why
grant her the benefit of exclusivity by not querying other agents while you work
on her revisions?
What should I expect from the agent-client
relationship? The agent-client relationship is a business
partnership. But it's also a long-term professional commitment. And often, a
very personable one. Agents and writer should "click." They are going to be
playing offensive and defensive as they run the ball down the football field
towards the publishing goal line, so it helps if you "like" your agent as a
person as well as a literary partner. You're teammates on the same team, after
all. (God, we really hate football jock-talk, but hey, it's true).
Some
agents provide lots of editorial feedback. Some agents provide encouragement and
hand-holding. Some agents go after the big deals and don't let go until their
jaws meet. Some agents makes sale after sale after sale for clients that they've
never even met.
Every agent-client relationship is different and every
one is personal. At the very least, your agent should be communicative about
every aspect of your literary career. After your book has been submitted to
editors, you should hear from your agent about once a month regarding its status
(and if you don't, you should feel comfortable checking in via email and getting
a response in a timely manner.) Your agent should give you some idea of how many
editors she has submitted to, and preferably the names of these editors and the
publishing imprints for which they work. When editors decline to buy your book,
if your agent doesn't automatically forward you copies of the decline letters,
simply ask for them. Your agent should not have a problem with providing this
information.
After six months (and definitely after a year) without a
sale, be sure to request a full submission list from your agent. This list
should cite all the editors who have reviewed your manuscript, and it will give
you confidence that your agent is submitting your work to the right editors and
imprints. If it's been a year, and your book still hasn't sold, despite your
agent getting it reviewed by many editors, then that's okay. Your agent isn't a
bad agent, and you aren't a bad writer. Your book just didn't sell. It happens
to every agent, and many, many, many more writers than you'd think. That's why
you should always be busy working on your next book as well as maintaining a
positive ongoing relationship with your agent.
Also, you should talk on
the phone with your agent
at least once every six months. Even if you
have a great "email" relationship with your agent, you should still schedule
phone conversations in order to stay "connected." Writers often fall into
patterns of isolationism. It's our tendency, after all, to be alone for long
periods of time while we write and invent things in our mind. But don't let this
tendency affect your professional relationship with your agent. You must not
isolate your agent, or feel terrified to initiate communication. It is a
business
relationship, and you have no relationship without
communication. Touching base once a month is a good standard. But checking in
every week (unless your agent is in the middle of a contract negotiation on your
behalf) makes you a pest.
That said, we know that there are many writers
who fear their agent has lost that loving feeling. If your agent has submitted
your first book to more than ten editors (but still no sale), has given you
submission updates along the way, continues to respond to your emails, and
expresses interest in your new book, then simmer down and stop fretting about
your agent-client relationship.
For example, if your agent has done all
of the above, and now she has promised to read your revisions or newest
submission, and that was
weeks ago, and already you're starting to worry
that maybe she doesn't love you anymore, then send us an email and let us know.
We'd be happy to slap some sense into you, (kinda like that scene in the movie,
Airplane.) Get over yourself. Give your agent some space. And check in
once a month. Your agent will make you a priority soon enough, and until then,
don't blow up the relationship in your mind because of paranoia.
Anything short of the above, (zero email response after you check in
every month, not submitting your work to editors (or very, very few editors),
avoiding your phone calls, not expressing interest in your new writing), and
yeah, it's probably time to find a new literary agent.
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