Agent interaction, Is this normal?

Hasn't this woman been just the perfect advertisement for her company?

ouch!

mccardey said:

Hasn't this woman been just the perfect advertisement for her company?

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Ditto. I'm thinking her boss should have known she was not committed to her work. Isn't it customary for agents to keep their supervisors informed as to what they are doing for clients?

Any way we can get the Bewares thread updated with this incident. I think this is something other writers will want to know about.

If not, can you PM or rep me the name, thank you.

Little Ming said:

Any way we can get the Bewares thread updated with this incident. I think this is something other writers will want to know about.

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I was wondering this, too, but I totally understand if the OP doesn't want to do that. The whole situation sounds massively stressful and unhappy.

mayqueen said:

I was wondering this, too, but I totally understand if the OP doesn't want to do that. The whole situation sounds massively stressful and unhappy.

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I don't know, I think she would probably be hesitant to post the name in this thread. But yesterday I asked her over PM as well and she hasn't answered, which is fine. I'd be scared to tell everyone too. Maybe Victoria could update their BR&BC thread? I feel like this is something that us writers/queriers SHOULD know, but I understand a single writer's hesitance to attach a name to her story/grievance.

I can't update the BR&BC thread without breaking a confidence. I'll be glad to do it with permission from the OP.

- Victoria

We all need to stop asking for the name of this agent now. I'm sure Victoria will update BR&BC in due course now that the OP has said it's ok for her to do so, but let's not put any more pressure on her, ok?

StoryG27, just wanted to let you know that you inspired a rant on my blog on what writers should expect from their literary agents. The search for an agent can be so difficult that writers can lose sight of the fact that it's a two-way street. I hope folks will find it useful.

Thank you!

Finally getting to this after a tough weekend: the agent is Melissa Lee with Sullivan Maxx. Ms. Lee does not appear to have had any agenting experience before getting hired by Sullivan Maxx; she also does not appear to have made any book placements for her clients. Also, I'd classify Sullivan Maxx as a marginal agency--it has a couple of solid placements, but most of its "sales" are to smaller pubs that work directly with authors. All of which makes the things reported by Storygirl a lot less surprising.

I'm going to update the BR&BC thread now. Thanks to Storygirl for giving me permission.

- Victoria

GinaBrown said:

I know I’m a bit late to the discussion, but wanted to chime in on some of the great points brought out in this thread. I think that StoryG27 was given good advice here. I’ve had three literary agents (at different time periods) and I’ve always been offered a written agent/author contract. I personally think it’s important to agree and sign on essential points before an agent goes ahead and shops your book. I’ve researched the key points to this type of contract and made myself familiar with the basics of what to expect in the contract and what should not be in it. Only once was I OK with the contract as is. The other two contracts I asked to have tweaked and they were. I even once walked away from a contract that I felt was unfair. It’s important for writers to understand that the agent should be on their side and should work towards a fair agreement. It’s also not uncommon for an agent to sign a writer by the project. I had a contract from a top agency that did it this way. Lastly, I have heard stories of respected agents who do not give a written contract. I also have a writer friend who is working with an established agent from a top notch agency who does not believe it necessary to give my friend a written agent/author contract until an offer (sale) is made. Personally, I am not the type of person who would be comfortable with the last two scenarios.

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It's definitely important that everyone's rights and responsibilities are clear before you close with an agent. But this used to be a handshake sort of business, and it still is for many. I've had three agents over the course of my career, all of them mainstream agents with innumerable sales, and none of them offered a written contract, nor did I use them when I was an agent. The contract is actually more useful for the agent than the writer. With nothing in writing, the writer can decide to take his work back at any time, even after it's gone out on offer. Written contracts protect the agent by saying that he/she will be entitled to his commission if a submission made by the agency results in a sale.

If you do get an offer from an agent who offers a contract, check the AAR website for suggestions on what should be in there and in general a list of topics to cover with any agent who offers represenation.

When I signed with my agent, she did everything on a handshake basis, with the financial arrangements formalized in the Agent of Record clause of the publishing contract. I'm still with the agency (which has made 9 sales for me, as well as foreign sales), still on a handshake (even though the agency now does use a formal contract).

I'm completely comfortable with this, because I know and trust the people--but I would probably not be comfortable with a handshake situation if I were signing with a new agency. The publishing industry is vastly more complex now than it was even 10 years ago, and there are many more issues for author and agent to consider--it really is essential to be sure you're on the same page with your agent on things like termination and whether selling a book for you gives the agent commission rights in perpetuity.

If there's no contract, then a detailed email spelling things out would probably do--but that's tough for the author, who may not know what to look for or ask for. I think a formal contract protects both parties from misunderstanding down the road.

- Victoria

When one's 'handshake' agent dies before selling any of a writer's work, chaos ensues. Just sayin'.

Terie said:

When one's 'handshake' agent dies before selling any of a writer's work, chaos ensues. Just sayin'.

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It might have anyway. I've never seen an agent contract that covers that eventuality. But sorry that happened to you, if it did.

I have no idea about the particularities of this situation, but just for the record, there are some agents who still do business the old fashioned way, on a handshake, without a contract. I know because this is how my agent works, and she's done quite well by me. So, imo, no contract doesn't immediately equal red flag.

EDIT: I see this has already been brought up by others. Guess I'm late to the party.

Story, I'm sorry things turned out the way they did, but I wish you the best of luck with the query process!

StoryG27 said:

Okay, so I reread the email and she worded it much better than I did, so maybe it's not as bad as I thought?

Here's a quote from her email:
I'm going to test the waters and submit your book to a couple of editors. If there is any interest we'll discuss a contract. I don't want to sign anything until I feel I can find a home for your book.

So is this as bad as I made it originally sound? I still don't feel comfortable with it and I still have not received any information on the editors she is subbing.
Anyway, does knowing the wording change anything?

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Even in her wording it is WRONG WRONG WRONG. This is SO bad!!!

Oops. Looks like I came late to the party. I have a habit of doing that, lately. Sorry.

And, sorry, SG. What a crappy way to be treated. I hope your next experience is stellar! ((SG))

Submitting queries to an agency, or even revised manuscripts, is NOT the same as agreeing to have the agency represent you. An agent cannot represent your work without your permission.

I'm also deeply troubled by the lack of clear communication. Even if everything is on the up and up, a good agent doesn't act unilaterally on stuff like this. I tell my clients when their work goes out on submission. I'll share the submission list if they want to see it; rejections too.

What I can't imagine doing is taking a manuscript and sending it to an editor without knowing for SURE that the writer will be ok with that. It would damage my reputation unbelieveably if I "sold" a ms, only to have the writer say "ya, no, not gonna do that."

There are lots of red flags here.