Is there a legal or ethical problem?

(grasshopper) · Oct 27, 2006

I queried several agents last year and just after signing on with one agent, a second agent requested a full.

I had to decline sending the full.

The first agent has not worked out and I have given him notice. The contract will terminate in January next year.
I have lost all contact with him. He ignores all my messages. I have no way to find out what he thinks about anything.

I'd like to contact the second agent and ask him if he would still be interested in the full when my contract expires. However, I am worried about contacting a new agent while still technically under contract with my present agent. I don't know, it just seems like it might be unethical or something.

But if I could do it without problems, it would save several months of waiting. What do you think?

g

Begbie · Oct 27, 2006

On its face, I agree. I wouldn't wait; it sounds like your current agent isn't doing anything except waiting for the contract to expire anyway. You may find a more thorough answer in Miss Snark's Snarchives. This situation arises quite a bit.

James D. Macdonald · Oct 27, 2006

Honesty is the best policy. And there's nothing wrong with (in January) writing to the second agent, saying that he/she was interested a while back, that the book is available, and would he/she be interested in seeing it? You don't need to get into who-shot-John at this stage.

cattywampus · Oct 27, 2006

Read your contract. There should be something there about cancelling early for reasons of "inactivity." My guess is the dude has gone out of business. If there's no money coming in, I doubt he'd press the matter. The ball is in his court; I say go ahead and send the full if the other party still wants it. The odds are in your favor.

kuatolives · Oct 27, 2006

Wrap a brick with a letter,

Dear Parasite:
etc

Deliver said brick through implied window.

Carrie in PA · Oct 27, 2006

kuatolives said:
Wrap a brick with a letter,

Dear Parasite:
etc

Deliver said brick through implied window.

Effective, AND it saves on postage! LOL!

Read your contract. He may have already breeched it by doing nothing. Good luck!

(grasshopper) · Oct 27, 2006

James D. Macdonald said:
Honesty is the best policy. And there's nothing wrong with (in January) writing to the second agent . . .

May I infer that it would be indiscreet to contact him before January?

I'm not talking about sending him the manuscript before January, I just want to know if he's still interested. If so, I will gladly wait until January and send him an exclusive. It's just that if I knew he was still interested, it would make the wait so much easier.

(grasshopper) · Oct 30, 2006

James D. Macdonald said:
Honesty is the best policy. And there's nothing wrong with (in January) writing to the second agent . . .

Jim:

Would you advise against contacting the second agent before January?

Cathy C · Oct 30, 2006

If you've given proper notice according to your contract with the first agent, then I wouldn't consider it improper to contact the second agent now. If questioned, you can say just that--you were previously represented but have given notice. That's all the second agent needs to know at the reading stage. If the second agent thereafter offers representation, you can discuss the details at that time and the agent can decide whether s/he wishes to wait until January to sign the actual contract or submit the work to publishers.

BTW--did you request, in your termination notice, the names of publishers the agent had submitted to? The second agent might want to know that if s/he offers representation. If not, you might want to do so in a separate letter.

Good luck!

(grasshopper) · Oct 31, 2006

Thank you, Cathy.

Yes, I did request the names of publishers.
It is also written in the contract that within two weeks of termination, he has to supply that list.

The problem I'm having is that until the 90 day notice is up, I am still legally under contract, and the fact that I gave notice does not release me from the terms of the contract. And even though it is not specifically prohibited, I think one of the implied terms is that I won't go soliciting other agents. (This is the gray area I'm worried about.)

And here's where it gets slippery. I'm NOT planning on actually soliciting this new agent, I'm just going to tell him I will be freed up from a contract agreement in a few months and would he be interested in looking at my work when I'm no longer bound by a contract to another agent.

All I want to do is Pose the Question.

The problem is: Does this constitute a solicitation during the term of my present contract?
And if so, can my present agent take any action should (the good Lord willing) the book become wildly successful?

Cathy C · Oct 31, 2006

Well, now you're asking for legal advice. I haven't seen the contract, and I'm not an entertainment attorney (I am, for the record, a certified paralegal with an IP specialty, but that's beside the point, since I wouldn't give legal advice on a public forum even if I could . . . which I can't.)

You can either proceed according to your conscience or, and I would definitely recommend this, contact an entertainment attorney to have them read the contract. Ultimately, this is better for your purposes anyway, because even after January, there might be some provisions that remain intact--including paying commissions, depending on the wording.

You might contact your local state edition of Lawyers for the Arts, which provides pro bono (for free) services to authors, artists, and actors. This might well qualify for their plan (depending on the state.) Click here to find a link to your state's organization.

Good luck!

James D. Macdonald · Oct 31, 2006

What's your hurry?

Nothing's going to happen before January anyway, what with Thanksgiving, Christmas, and New Years coming up.

It isn't enough to avoid impropriety -- it's important to avoid the appearance of impropriety.

Soccer Mom · Oct 31, 2006

You lose nothing by waiting until January. Just wait, let the contract run, take a deep breath, and try again.

(grasshopper) · Oct 31, 2006

Thank you, Cathy. That is a terrific site. I'm going to spend some time there checking to see what they have. Could come in handy later.

Okay. I am going to relax a little now.

sfecphory · Nov 12, 2006

Do you have any sense of how many places Agent #1 sent it to? If you already have this information then approach Agent #2 with all information in hand.

If you don't know specifics, write to the first agent asking for a detailed list of where the book was submitted, and what the responses have been. Ask for copies of the rejection letters. Then, approach Agent #2 and make sure to give her all of the submission and rejection information.

An agent, while wary of taking on already submitted material, might be happy to re-evaluate your work if it turns out that Agent #1 didn't send it anywhere.

Is there a legal or ethical problem?

(grasshopper)

Begbie

Quite a character

James D. Macdonald

Your Genial Uncle

cattywampus

kuatolives

Gonzo Journalist

Carrie in PA

Write All The Words!

(grasshopper)

(grasshopper)

Cathy C

Ooo! Shiny new cover!

(grasshopper)

Cathy C

Ooo! Shiny new cover!

James D. Macdonald

Your Genial Uncle

Soccer Mom

Crypto-fascist

(grasshopper)

sfecphory