Does My Agent Suck or Is It Me?

Luzoni · May 10, 2016

I've complained under my other thread about agent-editor contract negotiation questions about my agent before but I thought it was time to lay it out more directly here.

Okay...I have been waiting over ten months now to hammer out a contract for signing from my publisher. They said they wanted it in earliest July last year. Since then it's been contract negotiations until December or so and then, now, my agent seems as flummoxed as me as to why we haven't signed the damn thing. Why do I suspect my agent is (possibly) part of this problem? She didn't even have their phone number. She does now that I've asked about her finding it but this is 10 and a half months on. The publisher is small but still...

My other grievances are that my agent is incredibly slow. It takes her months to read any new projects. And after I revise it's sometimes clear she hasn't bothered reading changes I've made with any thoroughness despite me using track changes. She makes good editorial suggestions I think, but the sheer amount of time involved with me waiting with no word or only to learn she's "a few chapters in" after three months with it...it's very frustrating. She's also not communicative unless I nudge her for updates.

I confronted her about this last year and came away feeling she was still too valuable to lose. Much of her issue, I suspect, is that she has a full time job elsewhere. I've had plenty here tell me this is weird and unacceptable and indicates she cannot make enough sales to support herself as an agent and therefore isn't the greatest option for me and my work. When I've private messaged ppl here with her name they've said also that my agent and agency don't submit to agent only publishers, which negates some of the value of an agent.

I'm currently out in submission with my second project and have been for the past year but she seems to have little zeal for it and doesn't expect it to sell. She even said I may wind up with only self pubbing as an option. Naturally I find this incredibly disheartening. My first novel was niche and took forever to sell but this second one is a straightforward SF adventure with a multicultural heroine bounty hunter with mommy issues. I'm pretty sure it's not an impossible sell. And I don't think it's too different from stuff being put out by large pubs like Daw and Del Rey. I know it's a tough market but it should have a better chance than my first novel. I can't help but think my agent is part of the problem. Either she isn't trying hard enough, lacks the experience or contacts in the industry, or it really is me and I suck.

So, how badly can I blame my agent for the lack of sales considering these details? Or is this me? Both?

Regardless, I'm not comfortable breaking up with her until after I get this damn contract signed. I don't want to leave her while it's still in the air. I am leaning toward leaving now though. I just....worry about whether I have unrealistic expectations and I could be making a mistake. But right now it feels like I'm making a mistake by staying....tho I'm trapped waiting for that frigging contract. Ugh!!

Any tips? Experience?

Earthling · May 10, 2016

Based on this post (I haven't read your others) I don't understand what you're getting out of this agreement with her? She doesn't get you into publishers that require an agent, she isn't advocating for you to editors (at least, not very well) and she isn't enthusiastic about your work. Seems to me you'd be in exactly this position if you'd subbed yourself, and then you'd be 15% up.

I suspect the publisher won't care if you 'break up' with her and continue the contract stuff on your own, but have you checked the contract you signed with the agent? Mine says something like if I sell to a publisher they subbed to within 6 months of breaking up, they're still entitled to the 15%.

You can always query other agents with the books she hasn't read or subbed--nothing to stop you having multiple agent contracts at the same time. Then if you find a better match you can end your agreement with this agent.

Luzoni · May 10, 2016

I'd have to look at my contract again regarding sales within six months.

But as far as multiple agent contracts, my understanding is that that's emphatically not all right. The agent is like a wife and although we've drifted apart, I'd still be a total jerk if I went out and tried to get married to someone else without first divorcing her. Unless of course she told me she was okay with that. But she hasn't and although I'm technically only contracted with her for the first novel, she was supposed to send me a contract for multiple works. Another way she...kinda fell off the successful avenging wagon. That contract was supposed to clarify she would be with me career wide rather than for select works. She never sent it so technically I'm only bound with one project...but I'm really not that huge of a jerk.

mayqueen · May 10, 2016

To be rather blunt, I would worry less about being a jerk and worry more about being professional. Your agent isn't a wife or a friend or anything like that. Your relationship is first and foremost a business one. It doesn't sound like your agent is serving your needs or advocating for your best interests business-wise. I can't speak to the publisher's contract issue, but if your contract with your agent is only for one book, then you only have ties to her for that one book. Others will chime in on the actual technicalities of this, but I imagine you should be able to send an email like, "Since we're only contracted for TITLE1, I would like to inform you that I will be looking elsewhere for representation for TITLE2," or whatever your contract stipulates about how to break the contract or the future. Basically, I wouldn't wait for her to raise the issue with you. You should raise it with her and make it clear that you plan to part ways (if you do indeed intend to) after this current contract issue is dealt with.

An agent should help advocate for your better interests, business-wise. This agent isn't doing that, so you should advocate for yourself more strongly.

amergina · May 10, 2016

It sounds like you and her are not a match.

Personally, I'd be worried about any agent that had a full-time job elsewhere and was also a writer (I've think you've said she's also writes). Puts the whole "agenting" thing down on the priority list, you know?

Earthling · May 10, 2016

Luzoni said:
But as far as multiple agent contracts, my understanding is that that's emphatically not all right.

But... it is. Plenty of authors have different agents for different genres, for example. You're right that this would usually be done with each agent's knowledge, but it really is okay. Do you think she'd hesitate to drop you if a bestseller came along and she didn't have time for both of you?

This is a business relationship. Treat it like one.

Sheryl Nantus · May 10, 2016

Luzoni said:
I confronted her about this last year and came away feeling she was still too valuable to lose.

Why?

You need to answer this for yourself first, I think, before deciding what to do.

What is she doing that makes her so valuable?

Prolonging contract negotiations for months? Taking months to read your newest project? What is she doing that makes her so valuable, in your eyes?

Frankly, I'd take a minute to call the publisher directly and see where the logjam is. It might be the publisher but there's a chance it's on your agent and your contract is being shuffled down the line on her list of priorities - which is flat-out wrong. Publishers and agents talk all the time. A LOT. Where's the logjam and what can you do to get it going again?

Why is she so valuable to you?

Luzoni · May 10, 2016

Sheryl, I just came away after that conversation convinced that she had done her hardest to get it published and that the work was very niche and she had shopped it around thoroughly. I guess it was that she sounded professional. She also promised to be quicker, but hasn't really improved with communication or turn around time. My take on it has changed since having people here conclude she and the agency don't submit to agent only publishers which makes me feel I am shooting myself in the foot staying with her.

She is also a very good editor...once she actually reads things...

Earthling, my understanding is that's only OK when the agent is only doing one project and/or with different genres. My agent was supposed to sign paperwork to cover my career but she never sent it to me so we are kind of in this place where I'm not legally bound but...she has put in time and effort. Some, anyway. These two novels are both SF so if I approach her and say "Hey, I'd like this book to see other people..." She's going to have a problem with that. Especially because she and I have done editing on it and she has subbed it.

Parametric · May 10, 2016

You've been starting threads about your dissatisfaction with your agent for over a year. She doesn't (a) read your projects in a timely manner, (b) submit to agent-only publishers, or (c) handle contracts effectively, all of which are essential in an agent. You've raised these concerns with her, but nothing has changed. It's time to fire her.

amergina · May 10, 2016

You know how they say having a bad publisher is worse than no publisher?

Same thing. Not that your agent is necessarily bad overall, but it seems that you and she are a horrible fit for what you want to do with your career.

What are the benefits of remaining with her, other than being able to say "I have an agent"?

heza · May 10, 2016

Earthling said:
But... it is. Plenty of authors have different agents for different genres, for example. You're right that this would usually be done with each agent's knowledge, but it really is okay. Do you think she'd hesitate to drop you if a bestseller came along and she didn't have time for both of you?

This is a business relationship. Treat it like one.

This is not my understanding, based on what I've heard agents say and write on their blogs (i.e., I'm not an industry expert)—at least with US agents (or perhaps even only with the particular agents I follow). Things might be different in the UK (or with other US agents).

I think agents who want to represent you for your career rather than just a single title don't really want you signing contracts with other people when you haven't gone through them and let them vet the contract. If you're off signing contracts the agent isn't controlling in some way, it makes it really hard to manage your career and protect your interests (for example, what if your "new" agent lets you sign a contract that has a very broad first-refusal clause that obligates not only subsequent books in the "new" agent's genre but also books in the "old" agent's genre?). I've read blogs where agents have said they are extremely reluctant to even talk to authors who are already agented. They'll talk to your agent, sure, but there's some professional curtesy, I think, in not going behind another agent's back to their client.

It is a thing that you can have two agents for two different genres or categories, but that's often a co-agenting situation. If your agent doesn't have connections in your new genre, they might work with an agent who does, and then the two agents split the commission. I do know another writer, though, who worked with an agent in one category and then decided to focus on a different category; that agent helped the author officially transition to another agent in the new category, but if the author decides to write in the first category again, the old agent will co-rep with the new agent.

I can't say that it never legitimately happens, but my gut tells me that a good agent would be plenty upset if she found out one of her writers had secured another agent for something without that being "the plan."

As for the OP, Luzoni, I think what matters most right now is that you are unhappy with your agent. Given this has been an ongoing problem, it doesn't look like she's going to change her MO.

It looks like she'll need to be the agent of record for your first title, unless you pull it. I'm not sure about the second. If she's shopped it everywhere, as she claims, that one might be dead in the water anyway.

I would sever now, get your six month clock ticking. If she wants commission, then she'll finish off this deal for your first title. Or you can contact the publisher and hand-hold it for her (if you can stomach it still officially being her sale). Do you feel like she'd send your royalties on time? If not, I'd be tempted to ask the publisher to send your check directly.

Sheryl Nantus · May 10, 2016

Can you tell us who she is? Or at least what agency she's with?

Frankly, I suspect the stalling is on her end. The publisher doesn't have anything to gain by drawing out the signing of a simple contract for almost a year. Their goal is to get the book out in a reasonable amount of time and this sure as hell isn't it.

She can sound as professional as all get-out but the hard fact is that you're not seeing her as being a benefit. When an agent isn't a help to your writing career then it's time to cut her loose. It doesn't matter how eager she might be to you on the phone or through emails - when she doesn't have the PHONE NUMBER of the publisher (and it's in Canada, not overseas where she could claim the communication was a bit sketchy) and you have to goad her into it... I'm not sure what sort of agent she is.

If you can, please tell us who she is so we can at least judge her by her agency work, if there is any.

Luzoni · May 10, 2016

I'll say she is with Inklings Literary and I'll put her initials here so Google won't draw this up. Because once you show up in Google it's forever. Her initials are MB.

Luzoni · May 10, 2016

How should I go about trying to contact the publisher? Would I just ask my agent for their number or email? I feel like she would resist that. I have considered going to the publishers Twitter page and sending a direct message asking for the information and explaining myself a bit that way but then I'm going around my agent.

She just sent me an email saying she "found" more places to send my second novel. She may have just gone down to smaller publishers to "find" these. I noticed she said Baen. I wonder I she used their online submission form like she told me she did for my first novel...

Yeah, I need to break up with her if she tells me she used the submission form. It occurs to me that is just utterly ridiculous. At the time I thought Baen must do that for everyone but now I'm thinking its just she doesn't know anyone there so I get to be slush pile.

mayqueen · May 10, 2016

Luzoni said:
She is also a very good editor...once she actually reads things...

Some agents are editorial agents on the path to submission, but ultimately editing is the editor's job and selling the book and managing the money and rights are the agent's job.

I hope this doesn't sound insultingly simple, but have you made a pro and con list about firing your agent? Even being a good editor isn't much of a pro, to me. If that only reason you're hanging onto the relationship is, as amergina said, so you can say you have an agent, I think it might be time to part ways. How much longer time-wise are you willing to invest in an agent who isn't helping you reach your career goals?

Old Hack · May 10, 2016

Luzoni said:
I've complained under my other thread about agent-editor contract negotiation questions about my agent before but I thought it was time to lay it out more directly here.

Okay...I have been waiting over ten months now to hammer out a contract for signing from my publisher. They said they wanted it in earliest July last year. Since then it's been contract negotiations until December or so and then, now, my agent seems as flummoxed as me as to why we haven't signed the damn thing. Why do I suspect my agent is (possibly) part of this problem? She didn't even have their phone number. She does now that I've asked about her finding it but this is 10 and a half months on. The publisher is small but still...

I don't know any good agents who would negotiate a contract without talking at least once with the publisher. Most negotiations are done while talking, not via email.

My other grievances are that my agent is incredibly slow. It takes her months to read any new projects. And after I revise it's sometimes clear she hasn't bothered reading changes I've made with any thoroughness despite me using track changes. She makes good editorial suggestions I think, but the sheer amount of time involved with me waiting with no word or only to learn she's "a few chapters in" after three months with it...it's very frustrating. She's also not communicative unless I nudge her for updates.

She takes ages to get back to you, and when she does it's obvious she hasn't actually read your work. Not acceptable.

I confronted her about this last year and came away feeling she was still too valuable to lose. Much of her issue, I suspect, is that she has a full time job elsewhere. I've had plenty here tell me this is weird and unacceptable and indicates she cannot make enough sales to support herself as an agent and therefore isn't the greatest option for me and my work. When I've private messaged ppl here with her name they've said also that my agent and agency don't submit to agent only publishers, which negates some of the value of an agent.

If she's working full-time elsewhere then she isn't able to respond to publishers in an appropriately timely way. Not good.

I'm currently out in submission with my second project and have been for the past year but she seems to have little zeal for it and doesn't expect it to sell.

If she doesn't expect it to sell she should stop wasting your time, her time, and the publishers' time. She should tell you to find a different agent for it. This is really, really bad.

So, how badly can I blame my agent for the lack of sales considering these details? Or is this me? Both?

I don't think it's you.

Regardless, I'm not comfortable breaking up with her until after I get this damn contract signed. I don't want to leave her while it's still in the air. I am leaning toward leaving now though. I just....worry about whether I have unrealistic expectations and I could be making a mistake. But right now it feels like I'm making a mistake by staying....tho I'm trapped waiting for that frigging contract. Ugh!!

Any tips? Experience?

She is going to be the agent of record on this deal no matter when you break up with her. You're stuck with her for this contract. If I were you I would hang on in there for now. Ask her to pull the second manuscript, which she has told you she doesn't think will sell; get a list of all editors it's been sent to, and who rejected it and who it was pulled from; and keep pushing her with regard to the contract she's meant to be negotiating for you; and as soon as it's signed, cut your ties.

Then find another agent ASAP after, to send out that second novel.

Luzoni said:
How should I go about trying to contact the publisher? Would I just ask my agent for their number or email? I feel like she would resist that. I have considered going to the publishers Twitter page and sending a direct message asking for the information and explaining myself a bit that way but then I'm going around my agent.

Have you spoken to the editor who has offered on your book? You really should, before you sign that contract, to ensure you share the same vision for your novel. Tell your agent you want to speak to the editor in order to understand what they like about it; and ask for the number. But I would be wary of asking them what the delay is: even if they're causing that delay they're unlikely to admit it and will of course blame your agent: and what will you do with that information? There's nothing useful to be done.

She just sent me an email saying she "found" more places to send my second novel. She may have just gone down to smaller publishers to "find" these. I noticed she said Baen. I wonder I she used their online submission form like she told me she did for my first novel...

*boggles*

Yeah, I need to break up with her if she tells me she used the submission form. It occurs to me that is just utterly ridiculous. At the time I thought Baen must do that for everyone but now I'm thinking its just she doesn't know anyone there so I get to be slush pile.

If she's using online submission forms she's no agent, she's a chancer. Really. That's just awful.

Earthling · May 11, 2016

Luzoni said:
I'll say she is with Inklings Literary and I'll put her initials here so Google won't draw this up. Because once you show up in Google it's forever. Her initials are MB.

Inklings do submit to agent-only imprints. I don't know about MB in particular but the agency as a whole certainly does.

Filigree · May 11, 2016

Dang. I was thinking of querying her next, after a reject from ND. That's not happening now.

Luzoni · May 11, 2016

Thank you everyone, especially you Hack. I've contacted my agent this morning and asked for the editor's name at the publisher telling her I'd like to follow her on Twitter and I promise I'm not going to harass her about the contract. I also told my agent we should just hold off on more subs with the second novel and just focus on getting the publisher to come thru.

I also asked her if she used the submission form online for. Baen. >_< basically if she says yes her fate with me is sealed. I will sit tight and then dump her. I have a good query for the second novel already (I think, it's been thru the squirrels anyway) but I suspect I should not lead with that one just yet and maybe use another novel instead to query agents and publishers.

But at this point I am getting pretty impatient. Waiting for that contract to dump her and then another six months most likely to free the second novel...ugh....what a drag.

Sorry filigree, about the bad news about MB. But at least I may have saved you two years of what I've gone thru slowly figuring out that I'm just sitting on my hands and not going anywhere with her.

Filigree · May 11, 2016

For which I am deeply grateful, Luzoni. You saved me time, which is priceless.

Luzoni · May 11, 2016

Well, my agent says she "found" the email for an editor at Baen. So there's that, but let's be honest, too little too late. She suggested a romance publisher who has published her before and sent me their comments and it included a "thanks for contacting us at XYZ!" Which seemed bizarre to me because I'm pretty sure she should know editors there perosnally so...kinda confusing why the response is like coldly formal.

Luzoni · May 11, 2016

Toothpaste, you messaged me about this but when I tried to answer AW told me it couldn't be sent because you've got too many messages stored up or something. So...I had to find some other way to let you know I wanted to reply! It just won't let me.

Toothpaste · May 11, 2016

Ah okay! Try again now

kenpochick · May 13, 2016

I agree Luzoni, It's time to part ways. What does your contact with her say? The 6 months after ceasing representation may not be in there. Even if it is, what's 6 months when you've already taken years? Besides querying takes some time, then you'll be getting ready for submission. If she can actually make the deal with book #1 then she'll be entitled to her cut for that, but I would part ways and start querying book #2 for a new agent. I'm on submission right now and the biggest benefit to having an agent (for me), beyond the access to publishers, is having someone in my corner who responds promptly and loves my work. You should have that.

DanielaTorre · May 13, 2016

Your hesitance relies on two factors: hope and fear. Hope that your book still has the potential to sell to this pub, and fear of diving back into the query trenches.

Crush the hope. Embrace the fear.

Leave politely. She'll still have 6 months to have that contract signed. And if she doesn't within the time, feel free to contact the publisher directly (after 6 months pass) and ask. Explain that you parted ways, but that you were still interested in signing with them. What's the harm in that?

Then swim the bloodied waters again my friend. If you could get an agent once, you can do it again. Just don't stay with someone who doesn't have your best interest in mind. It's better to have no agent than a bad agent, as the saying goes.

Does My Agent Suck or Is It Me?

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