Get a Literary Agent: The Complete Guide to Securing Representation for Your Work (22 page)

BOOK: Get a Literary Agent: The Complete Guide to Securing Representation for Your Work
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Do You Need to Meet With an Agent Before You Sign?

When you sign with an agent, you’re putting your literary life in a stranger’s hands—at least temporarily. It’s nerve-racking. An impulse in this situation is to meet with the agent face to face so you can use your instincts to gauge her personality as well as her enthusiasm for your book. But alas, meeting face to face is not always the easiest thing to do. It costs money and effort to fly to New York or San Francisco on a whim, and it’s not like you can delay an agent by saying, “Thanks for the offer of representation. I see on my calendar that I’ll be in New York six months from now, so let’s get together then and see if we click so I can make a final decision.”

Because of these restraints, there is a very real possibility you will not get to meet your agent face to face before you sign, and that’s quite alright. I’d say the majority of writers don’t meet their agents personally before signing, and some may never see their agent in the flesh over the span of years. But while you may not sign a contract in person, do not pass up a long phone call to get to know the agent. People can hide behind e-mail conversation but not so much over the phone.

Asking an agent questions is a delicate process. Definitely do not skip any hard questions if you have pressing concerns. The agent is used to such inquiries and will respect you for politely asking them. At the same time, agents do not like to be pushed too hard too fast—as if a writer is forcing them to “prove their worth.” In other words, ask questions, sure, but do not “grill” the agent or come off too pointed. Again, you should have already done plenty of homework and known this agent was a good fit for you.

What to Expect When an Agent Makes an Offer

If an agent offers representation, that is your moment of opportunity—so use it. Let’s run through a possible time line of events and what you should do at each step along the way.

Let’s say Agent
X
writes you an e-mail saying she loves your book and would be thrilled to discuss representation. You reply that you’re free tomorrow in the afternoon to chat about it, and a formal phone call is scheduled. This is your brief moment of leverage and must not be wasted.

What you need to do immediately is e-mail any agents that are currently still considering the work—those that either requested the full from you or asked to see more materials. It is these other agents that legitimately showed interest, and it’s time to light a fire under them and see what happens. Nicely inform these other agents that you have an offer of representation from a literary agent and that if they would like to make you an offer as well, to please reach out within the next five days. “We agents trust and respect our colleagues,” says Jessica Sinsheimer of the Sarah Jane Freymann Literary Agency. “If another agent likes your work, we’ll believe it’s for a reason.”

You have the scheduled call with Agent
X
, and all goes well. No matter how good the discussion goes, you should tell her you’re taking several days to think about your next step. Thank her for her time, and say you’ll be in touch with an answer within a week. This time is not only to clear your head and judge the offer but also to allow other agents the chance to make an offer if they wish.

Sinsheimer explains what to do in this crucial time period: “It is vital you remember that
you
are the one in the position of power here. You have the book. They want it. No matter how much you may feel otherwise, you get to decide who gets it. Be polite and listen to what they have to say, but then hang up the phone. Then go about your routine, and
think
.”

While you’re thinking about the offer from Agent
X
and all her answers to your tough questions, there is a good chance Agents
Y
and
Z
will write back to also make you an offer. If they do, schedule phone calls with them as soon as possible. You’re on a time table and need not only to talk to these other reps quickly but also to talk to current clients from each agent.

Talking to the Agent’s Existing Clients

Ask every agent you speak to if they can pass along contact information for two or three of their clients—most will. Aim for clients who write similar books to your own. Talking to these clients will help you understand how the agent operates, from whom she sells to in the business to how fast she sells books to how much she’s in contact with you throughout the process. These answers will help you make your final decision. In fact, there is a decent chance that one of these writers will have been in your shoes before, with offers from multiple agents, perhaps even the same agents you’re considering. Those writers, in particular, will be a fantastic resource in helping you make your final decision.

Before you call a client, remember two things.

  1. If you have most of your questions answered but something is nagging you, make sure to address this important point. For example, if you want to say yes to the agent but are worried her style is too abrasive for you, it is this point that you must raise in the conversation with her writers. Otherwise there is little point in talking with the writers.
  2. These writers are busy people, so don’t talk to them any longer than is necessary (unless they seem happy to gab). Cut to the chase, ask the most important questions, and thank them for their time.

When you get a client on the phone, after you exchange pleasantries, I strongly urge you to tell the client that your conversation is strictly off the record and that nothing will be repeated—and then follow through on that promise. That way, if there is a thing or two about the agent that the client wants to warn you about, he will ideally be more open to doing so.

Here are some quick questions to consider asking represented writers.

  • How did you come to sign with [Agent]?
  • Did you have multiple offers of representation? And if so, what made you choose [Agent] over other offers?
  • Can you tell me what you like about working with [Agent]? What makes her special?
  • How many books have you given to [Agent] to sell? How many of those did she sell?
  • When I spoke with [Agent], she told me her agenting style was [
    X
    ]. Have you found that to be the case?
  • Is [Agent] open to suggestions and input from you?

At this point, you have more than enough information to make a decision and respond to the agent. Trust the information you’ve gathered and your gut feeling. Make your decision, and inform all involved parties of your choice, so you can get the ball rolling and try to sell your book to an editor.

CHAPTER FOURTEEN
WORKING WITH AN AGENT

After all the revisions and manuscript overhauls and query edits, the hard work has finally paid off. You just got “the call” last week and are now a represented author. Congrats—you have an agent! It’s time to tell your family and friends, and to update your Twitter bio.

Now that you’ve signed with an agent, one journey has ended and another has begun. It’s time to start what will hopefully be a long-term, prosperous relationship with your agent. This chapter is a rundown of what you can expect in such a relationship and includes advice for establishing a healthy career that you both can enjoy and benefit from.

SIGNING A CONTRACT

Once an agent offers representation, the first step is to sign an author-agent contract. This is a simple document that essentially says she now represents your book-length works and will be in charge of selling them. It will also say that she takes 15 to 20 percent of your earnings (this is standard and nonnegotiable), depending on the deal. These contracts are remarkably straightforward; however, depending on what you have in mind, the following are things to look for before you scribble your John Hancock.

  1. DECIDE ON A ONE-BOOK CONTRACT OR A MULTIBOOK CONTRACT.
    Agents can tailor a contract to say either. Most times, agents want a writer for the length of his career, but you (or the agent) can limit the length of the partnership if you both agree. If it’s a limited contract, once you sell that book or move on from it, you can always choose to execute a similar contract with your agent for the next book, and your career won’t miss a beat.
  2. MAKE SURE THERE IS A CLAUSE THAT ALLOWS YOU TO GET OUT OF THE RELATIONSHIP AT ANY TIME, EVEN IF THERE IS A WAITING PERIOD.
    Unfortunately, like some marriages, the day may come when you or the agent or both of you decide it’s time to part ways. Thankfully, if you want out of the partnership, agents will oblige, but it’s the “waiting period” that varies from agent to agent—contracts typically ask for something along the lines of “sixty days until the contract is dissolved.” This is because agents will have submissions out to different editors, and they will want a chance to close a deal (and finally make some money) before you leave. That’s why they specify this waiting period. The length of time varies from agent to agent. In my opinion, anything from zero to ninety days is fair. Anything more than that is not. So address this point up front before you sign.
  3. NOTE THAT WHILE YOU WILL BE ABLE TO GET OUT OF THE PARTNERSHIP IF NEEDED, THE AGENT WILL FOREVER BE LOCKED IN WITH ANY SALES THEY HAVE MADE.
    In other words, I can choose to leave my agent at any time, but she will always be my agent (and receive 15 percent) from the six books we’ve already sold together.
  4. AGREE ON WHAT TYPE(S) OF BOOKS THE AGENT WILL REPRESENT.
    It’s not uncommon for an author writing one kind of book to want to try her hand at something different. You may have a few mysteries published, only to decide you just have to start writing picture books as well—or screenplays, or stage plays, or books about geometry. But you could be in an awkward bind if your agent doesn’t represent any of these genres, yet you’re locked in with her contractually to sell “any book-length works.” So if you know or suspect you’ll want to diverge from your current genre down the line, bring that up early and have the contract reflect how that will be handled.
  5. MAKE SURE ALL YOUR CONCERNS ARE ADDRESSED.
    Perhaps during your phone interview with the agent, you relayed that you feel most comfortable with weekly updates on submissions and want the final say over manuscript changes before your book is sent to publishers. Make sure the contract reflects these concerns.

In some cases, you might not sign the contract immediately. While some agents may want to lock up representation right away, others may take it slower. A more experienced agent with a full client list may look at you as a promising author with a book that’s not quite there. The agent will suggest changes and guide you through revision, but she will not sign a contract or submit your work until the novel is ready, in her opinion. This situation has pros and cons. Ideally the novel will become ready, the agent will sell it, and all will be fantastic. But if something goes wrong—if the agent finds the novel overhaul disagreeable or if the agent’s attention gets pulled to another genre or project—she may leave you and your project abruptly, without a home. Recognize this reality so you know the risk before moving forward.

NOT SO FAST WITH THAT LAWYER

Sometimes people will recommend seeking out a literary lawyer to help you with interpreting rights and contracts. While lawyers are certainly of value in some circumstances, there isn’t much of a place for them in the agent-author process. In fact, bringing an attorney into the fray at this stage can gum up the works. A lawyer may not understand the basic agent-author relationship and may have you ask for demands in the contract that make the agent’s job harder or make her uneasy. An example is if the lawyer explains to you that her 15 percent commission is just a starting figure and can be negotiated down. (It won’t be.)

The agent-author contract is fairly standard and short. Later on, there is no need to get a lawyer to review your book contract from a publisher, because that’s what an agent is for. An agent is skilled at publishing contract lingo and negotiation—recognizing things like boilerplates and the need to keep certain rights in exchange for possibly giving up others.

If you have a skilled agent, it’s best to leave the lawyer out of deals. Lawyers are best used when you have a contract from a publisher but no agent representation.

HOW TO BE AN IDEAL AUTHOR-CLIENT

Every agent dreams of a perfect author—someone who writes a lot, responds to rewrite requests, and is always pleasant to work with. So if you can, be that writer! Here are some quick tips.

  • DON’T BURDEN HER WITH CALLS.
    Sure, you two may be friends and share some
    Seinfeld
    pop-culture jokes on the phone from time to time, but the fact remains that your relationship is still a
    business
    relationship at heart. That means no unnecessary communication. An agent’s typical day is extremely busy, and she really doesn’t have time to hear about how your neighbor is mowing his lawn at 7
    A.M.
    every Saturday morning and waking up your family. Feel free to contact her if you need her advice on a book project or if you’re going to be late on a deadline. But don’t call her simply to ask, “Has my book sold yet? What about now? What about now?”
  • UNDERSTAND THAT COMMUNICATION COMES IN WAVES, AND DON’T DEMAND UPDATES ABOUT NOTHING.
    On the subject of communication, know that an agent’s attention tends to focus on each client during periods of action. What that means is when she’s ready to submit your work to editors, that’s when your communication with the agent will peak. You’ll get weekly calls and e-mails and updates. You’ll discuss feedback, responses, and plans. During this intense time, you are one of the foremost things on your agent’s mind. But then once the agent has sold your book or moved on to other clients, the communication abruptly stops and may not pick up again for months. This is okay. There will be pockets of time when your agent is in constant communication and times when her focus is elsewhere. This is normal.
  • KEEP WRITING!
    All agents say the best writers are the ones that can produce a lot of content (i.e., books). The more you write, the more your agent has to sell, and the more she’ll cherish you as a client. So keep writing! Don’t wait for an agent to prod you.
  • HIT YOUR DEADLINES, AND DO WHAT YOU SAY YOU’RE GOING TO.
    An ideal client always makes his deadlines and comes through on his responsibilities. The only time missing a deadline is acceptable is when dealing with some kind of health or family emergency.
  • COMMUNICATE OPENLY, YET RESPECTFULLY.
    While it’s true that no agent or editor wants to deal with a micromanaging writer who has a strong opinion about every little detail of the publishing process, it is certainly acceptable to politely bring up concerns if you feel like you can make a valid point about why something will not work. Your opinion does matter—so speak up (nicely) if you have something to say. Let’s say your book is finally released—hooray! But then its sales underperform. When you talk with your agent after the launch, you say, “It’s no surprise that sales aren’t better because I’ve always known the cover and back-jacket copy were awful and conveyed the wrong themes.” Your agent asks why these issues were not brought up earlier, and you say that you didn’t want to step on any toes by getting involved.
  • ENJOY THE SUCCESSES.
    If an agent is able to sell your book to a great publisher and create a beautiful book, that moment should be enjoyed. Some books will sell; others won’t. Don’t be an author who ignores all the best moments and constantly finds something to nag about. Selling a book is difficult—so while you can be determined and ambitious, also remember to be realistic and enjoy the successes.
  • BUILD YOUR PLATFORM.
    If you’re in the writing game for the long haul—and hopefully you are—you must understand that anything you can do to market yourself and your books is valuable to all parties involved. If you’re writing nonfiction, then your platform has been a major aspect of the deal from beginning to end, and you should always be spreading the word about you and your work however you can. If you’re a novelist, you won’t be expected to do any drastic marketing, but almost certainly you will be asked to do some basic tasks—such as building a simple author website, writing some promotional guest blogs, and gathering a list of e-mail contacts for your publicist to reach out to.

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