Lawsuits and firing agents.

KikiteNeko · Feb 21, 2008

This is hypothetical, as I don't have an agent yet. But if you take on an agent who just isn't doing anything for you and hasn't been able to make a single sale on your novel, can you just fire them? If they only get paid when your novel sells, will they try to sue you for compensation?

FYI I have only looked at reputable agents, so hopefully this won't be a concern, but you never know.

Windsong · Feb 21, 2008

From my understanding, you don't fire them, you end the business relationship. How to do this should be clearly spelled out in the contract.

I doubt they'll sue you for compensation. What will happen (I think) is if an editor they did shop it around to decides to buy it, they will get the 15% from it. Not your new agent.

eqb · Feb 21, 2008

Windsong said:
What will happen (I think) is if an editor they did shop it around to decides to buy it, they will get the 15% from it. Not your new agent.

That depends on the contract too. My agent's contract states that she becomes the agent of record only if I sell that novel *within six months* from when we parted ways. (And, of course, only if she submitted the novel to that same editor.)

Soccer Mom · Feb 21, 2008

Look big picture when you are seeking an agent. This is usually a long-term relationship, not a one-night-stand. If the agent is unable to sell your first book, it may be the agent or it may be your book. If you have a good agent who has done everything possible to sell that book, it would be a bad move to "fire" that agent or end the relationship. You would be better served by writing another book for the agent to sell. It isn't that unusual for an agent to not be able to sell a client's first book, but to sell subsequent books.

I've never heard of an agent suing a client because he could sell their book. That isn't something that will keep me up at night.

bluemoonscribe · Feb 21, 2008

The one thing I've read is that you never ever go looking for another agent while still under contract with one. Publishing is a surprisingly small world.

KikiteNeko · Feb 21, 2008

But it is okay to query a few at one time, and send full requested MS' along?

bluemoonscribe said:
The one thing I've read is that you never ever go looking for another agent while still under contract with one. Publishing is a surprisingly small world.

juneafternoon · Feb 21, 2008

You mean query widely? It's not only appropriate, it's completely advisable. This industry moves at a glacial speed and if you're waiting for each person who may take MONTHS to get back to you... well, you might be six feet under by the time you find yourself a home.

Some people do this though--it's all your choice.

And yes, you can send fulls to more than one person at a time, except for when it's exclusive. Then do as you agreed with the agent, and make sure you set a time frame for when the exclusivity expires so that you're not in a death trap with a potentially slow reader.

eqb · Feb 21, 2008

Soccer Mom said:
If you have a good agent who has done everything possible to sell that book, it would be a bad move to "fire" that agent or end the relationship.

Absolutely. When I parted ways with my first agent, I spent quite some time agonizing over the decision. (And I've never regretted it since.)

Am now v. happy with the new and shiny agent.

ishtar'sgate · Feb 21, 2008

tomothecat said:
This is hypothetical, as I don't have an agent yet. But if you take on an agent who just isn't doing anything for you and hasn't been able to make a single sale on your novel, can you just fire them? If they only get paid when your novel sells, will they try to sue you for compensation?

FYI I have only looked at reputable agents, so hopefully this won't be a concern, but you never know.

My contract was for a year. After that either he or I could sever the relationship as long as we gave written notice.
Linnea

Novelhistorian · Feb 21, 2008

As stated above, agents generally work from a written agreement with an author, which spells out the conditions under which the two sides may part company. If an agent isn't doing anything for you--as in not submitting the book--then s/he's not interested in representing you and is most likely just as glad to clear shelf or floorspace occupied by your unsold manuscript. A polite request to end the relationship will probably bring about a speedy resolution. But if this happens, be sure to get a list of submissions so that you don't duplicate them.

Usually, though, if an agent can't or won't sell your work, you'll find out quickly enough, through his or her suggestion that you find representation elsewhere.

David I · Feb 21, 2008

Novelhistorian said:
As stated above, agents generally work from a written agreement with an author, which spells out the conditions under which the two sides may part company.

I'm not sure about "generally;" some top agents and agencies still don't use written contracts.

When I decided to part ways with my agent because of disagreements over where the book should be submitted, I simply told her that I wanted to move ahead with my own strategy. She wished me luck, and we parted amicably.

This was not some fly-by-night agency, by the way: this was the most venerable literary agency in the US. So, if you have a contract, read it and abide by it; if you're with a handshake agency, be courteous.

Danger Jane · Feb 21, 2008

tomothecat said:
But it is okay to query a few at one time, and send full requested MS' along?

I'm not sure how your question is relevant to the post you quoted. Sure you can query one agent at a time...it may prove more beneficial to query a few at a time, however. Bluemoonscribe just said it's not okay to query while under contract with an agent.

Lawsuits and firing agents.

KikiteNeko

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Windsong

eqb

I write novels

Soccer Mom

Crypto-fascist

bluemoonscribe

KikiteNeko

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juneafternoon

Return of the Jedi

eqb

I write novels

ishtar'sgate

living in the past

Novelhistorian

David I

Danger Jane