Finding an agent AFTER the script is optioned?

I'm wondering if you should start the process of querying agents while waiting to see if the script gets optioned. Telling agents its being looked at, with a brief resume of your work and connections, would probably get their interest.

I can't help thinking it could be an advantage to have an agent already in position for when/if this one comes through. Which would also be useful if this one doesn't happen.

Hi, LHurwitz. Welcome to AW and congrats on things so far.

Yeah, I'd just ring up. If they're not interested, you'll find out soon enough. But make sure you research who you're ringing so you know they're the right person for the job. You'll probably still get a lot of "nos" because the majority are just that busy but if there's a way for someone to make an easy 10%, you should be able to attract some interest.

First I want to warn you to be cautiously optimistic. Every time you get a possible bite, you should enjoy the optimistic bits, but about 90% of these deals fall through. And they usually take an agonizingly long time to fall through which makes it even more frustrating.

You could certainly call, it doesn't hurt. But if you can't get an agent asap to make the deal, you may be better off with a lawyer. If you search around about lawyers here or on other screenwriting sites you'll see they commonly function in an agent-like capacity these days. They have similar connections and they understand the contracts obviously. People often submit scripts through their lawyers if they don't have/don't want agents. And a lawyer is more likely to be interested in a situation like this.

But as for your calling question, sure, you can call, it doesn't hurt.

Find an agent you'd want to represent your next project. Then when funding is in place and they're really ready to negotiate a contract with you, call that agent. Have backup agents you'd also want to represent you in case the first turns out not to be the right one for you, for whatever reasons. Think of it not just as a chance to get a better deal on this script, but a chance to get future work for hire, and someone to advocate your other specs, present and future.

Choose someone with experience and contacts in the genres you write, and if you're a novelist as well, see if you can turn the contract into the same agent's interest in your novel MS, too. . .which agent will give the most mileage to your career? That's the one to call first.

LHurwitz said:

Hi all, this is my first post on this forum. Been reading for a while and just recently registered. Sorry for the long post that follows, and I apologize if this is in the wrong forum.

Some background: For a year and a half (2007-08) after graduating from college, I worked in the New York City film industry. Most of my gigs were smaller shoots like commercials and music videos, but I did work on a couple features (New York I Love You and After.Life, both due out this year). I worked in Locations, an oft-forgotten though extremely vital department which deals with nearly every other department on the production. Through these jobs I made some valuable industry contacts which now might be paying off.

While working in the production side of the industry, I've always written on the side, and, through the connections I made, one of my screenplays has ended up in the hands of a UPM (unit production manager). I feel this is a good person to be looking at my script. He didn't see the script until it was in its fourth draft (a friend of mine who used to work as a reader at a production company helped me get to that point with great critiques), which I'm very comfortable with. The UPM likes the script and is working on a schedule breakdown, essentially a budget of how much it would cost to produce (which I can't imagine would be much more than 5 mil). I can't imagine he would be wasting his time doing this if he didn't feel there was some potential. After this, he plans to send the script or at least the treatment to a producer/financier friend of his in LA.

I don't have an agent. I obviously didn't need an agent to get the script in the hands of an industry professional. But if the financier likes the script and wants to option it (or perhaps buy it outright), I would need an agent to negotiate. So my question is this. IF the script is optioned, do I still need to go with query letters to agencies in order to find an agent? Or can I just call up agencies and tell them someone wants to option my script, and go from there? I'm hoping its the latter, because it seems to me that the query process would be necessary primarily to find someone who can try to spread the script around. But in this scenario I wouldn't need that, because I've already done it myself.

Does anyone have any experience in getting an agent from this angle? Any advice is much appreciated.

Best,

Lee

Click to expand...

Lee - I used to think that if I got my script into the hands of so and so etc etc then they'd be able to shunt it around town for me. IMHO, things don't really work this way. Of course your friend will do a production breakdown for you because that's his job. Sell your script, or act as middleman, that's something else. What has this guy sold before? Is he a good judge of what's good or not or what will sell or not or is he merely after a producer credit and some money for acting as line producer or production manager?

Sure, he can cost things for you. I've got friends who'll storyboard a whole film for free. They'll build me a set at cost. I can do a production breakdown costing myself. I have all the software. Unless your friend is a director with a couple of decent credits to their name, or a producer with a couple of recent credits to their name (not just from 1982) then although it's tempting to think you've got the holy grail, I wouldn't hold your breath.

Everyone in Hollywood wants to be a middleman. A UPM is a UPM. An agent is an agent. An agent will sell your story. Your friend appears to be acting as producer/middleman/agent.

If he can do it, that's great, but I'm just saying that you shouldn't count your chickens. I've had this scenario a good few times.

LHurwitz said:

Hi all, this is my first post on this forum. Been reading for a while and just recently registered. Sorry for the long post that follows, and I apologize if this is in the wrong forum.

Some background: For a year and a half (2007-08) after graduating from college, I worked in the New York City film industry. Most of my gigs were smaller shoots like commercials and music videos, but I did work on a couple features (New York I Love You and After.Life, both due out this year). I worked in Locations, an oft-forgotten though extremely vital department which deals with nearly every other department on the production. Through these jobs I made some valuable industry contacts which now might be paying off.

While working in the production side of the industry, I've always written on the side, and, through the connections I made, one of my screenplays has ended up in the hands of a UPM (unit production manager). I feel this is a good person to be looking at my script. He didn't see the script until it was in its fourth draft (a friend of mine who used to work as a reader at a production company helped me get to that point with great critiques), which I'm very comfortable with. The UPM likes the script and is working on a schedule breakdown, essentially a budget of how much it would cost to produce (which I can't imagine would be much more than 5 mil). I can't imagine he would be wasting his time doing this if he didn't feel there was some potential. After this, he plans to send the script or at least the treatment to a producer/financier friend of his in LA.

I don't have an agent. I obviously didn't need an agent to get the script in the hands of an industry professional. But if the financier likes the script and wants to option it (or perhaps buy it outright), I would need an agent to negotiate. So my question is this. IF the script is optioned, do I still need to go with query letters to agencies in order to find an agent? Or can I just call up agencies and tell them someone wants to option my script, and go from there? I'm hoping its the latter, because it seems to me that the query process would be necessary primarily to find someone who can try to spread the script around. But in this scenario I wouldn't need that, because I've already done it myself.

Does anyone have any experience in getting an agent from this angle? Any advice is much appreciated.

Best,

Lee

Click to expand...

Okay -- some things you should understand.

Obviously, what's happening now is a good thing, but don't open the champagne just yet.

It's still just someone looking at your script. Many writers have found ways to get scripts into the hands of industry professionals without benefit of agents. I did it myself for years. Lots of writers do this -- and sometimes their scripts sell and sometimes they don't.

You have to remember that your script is still competing with countless other scripts, many of them written by industry professionals with significant track records.

So even with the intro from the UPM (who is most likely looking for a producing credit himself in the event that your movie gets bought and made) it's still a long way toward anything happening.

It's just a "read" -- so don't go crazy.

In this business, nothing happens until it happens.

That being said, the time that you need to get somebody on board is when somebody has made an offer.

An option agreement is indistinguishable from a purchase agreement. The only difference between them is that in the former case, they simply have the exclusive *option* to buy the script at the terms agreed upon the purchase agreement -- but haven't yet exercised the option.

You may very well find that it isn't so easy, even with an offer on the table, to get yourself an agent.

Unless your friend, the UPM, happens to know somebody and can pick up the phone and make an intro (which he may very well be able to do) -- it is not going to be as easy as you may imagine.

Even with an offer on the table, many agents are not in the market for new clients and those that are are going to want to know who you are and what the potential is for you to make money for them, above the ten percent of the ten percent that they'd earn negotiating an option deal -- which isn't much money.

That is, negotiating a contract takes about the same amount of time whether it's a million dollar sale (which is going to earn them a hundred thousand dollars) or an option on a hundred thousand dollar sale -- which earns them a thousand.

They would much rather do the former than the latter. So unless they can see in you the potential to become the former -- many agents will pass on representing you -- even if you've got that option deal on the table.

And in any case, they'll want to look at the script -- and that's going to take time, because while this may be priority one for you, it is far from priority one for them.

Now, there is an alternative -- and that's getting yourself an entertainment attorney, who can negotiate the deal.

Some things you should know.

It has to be an attorney that specializes in entertainment law. It is a very specialized field. If you don't know that area of law, you can't properly negotiate a contract in that field.

Second -- many people who have entertainment attorney on retainer (I have one) have percentage deals with them. That is, my entertainment attorney takes a flat five percent of everything I earn for which he does all of my contract work.

But an entertainment attorney is only going to make that kind of deal with an established person who earns a decent amount of money on a fairly regular basis -- because otherwise, it doesn't pay.

So a beginner with a first-time option isn't going to be able to get that kind of deal from an entertainment attorney.

And you can expect an initial retainer, under normal circumstances, to be pretty pricey. Ten years ago, we were talking about five grand. And I doubt it's gone down.

But -- third, there is an alternative.

Most states have what is known as a "Volunteer Counsel for the Arts" which provides free or inexpensive legal services to members of the Arts Community - which we are.

So your best bet, in the event that you don't have a trust fund or your UPM doesn't have the name of agent to recommend to you -- is to check around and see if there is such a Volunteer Association in your neck of the woods (you can check with the local bar association if a web search doesn't turn something up).

That would be my best advice if they make an offer.

What you definitely shouldn't do -- is negotiate the deal yourself.

NMS

NMS advice is spot on. Listen to it

Regardless of your situation, you never have to send a query letter. You can always attempt to make a cold call. However, it can be harder to get someone on the phone. And if you're not polished or lack confidence, a phone pitch can be disastrous.

I'm not speaking for all agents, but I'm speaking for a lot. Most would not find an option to be enticing enough to take on a new client. Let's say the option is $1500, 10% of that is hardly worth his time. Even if the option were more, an agent would have to click with the material in order to take you on.

You should certainly try to use the option as a way to shoehorn yourself into a agency (either with calls or letters), but don't be hurt or disappointed if no one expresses interest that early in the game. To be honest, I would be very surprised if a legit agent showed real interest.

If the agent doesn't pan out, do as NMS suggests and get an entertainment attorney when/if the time comes.

Good luck.

This is probably dated information, however I'll toss this in to see how things have changed, if they have changed.

In the 80s I wrote spec for TV. Nothing ever got done, but that was due to bad luck in cancellations. One show which I wrote three specs for, which were all in consideration, had me phone pitch ideas. That was a blast. Ooops, sorry, I derailed my own post.

At any rate, after they started considering my scripts, after the first cut, they contacted me to ask about who my agent was, contact info, etc. I was mortified to respond that I had no representation. They reacted completely nonchalant, and had me write down a list of agents they liked to work with. All were good, if not great agents on the WGA list.

The first one I called took me on as a client. The relationship lasted roughly a year, although I like to think it was more like two. She did get me writing jobs, which I turned down because I refused to move to LA.

At the time, it all seemed so easy to break in. Now I'm kicking myself. I blew my chance big time.