Writer’s Ask: Should I dump my agent?
This question comes courtesy of a tender writing pal who has been going through it with their agent for the past couple of years.
I would like to submit my novel to a contest that comes with a promise of publication if I win. But I’m still represented by AGENT. They are not currently submitting the novel anywhere (they already shopped it around and got nothing) and are “anxiously waiting” for my next thing. They’ve refused to submit my work to small / indie presses that I’d love to be published by.
The agency agreement we signed reads that they are my “exclusive agent” for one year after signing with them, and that if any publishers offer on my work and I accept those offers, the agency will handle all negotiations and be the “agency of record” on any publishing agreements.
NOW, we signed this agreement in 2022, which puts me outside the 1 year exclusive… But am I grasping at straws and still should not submit the manuscript on my own?
Further… Should I dump this agent?
Signed,
I Should Probably Dump This Agent
Dear Should I,
First, since you are outside of the one-year exclusive, you are likely in the clear to operate on your own. However, always better to be safe than sorry. So first thing to look at: is there a termination clause in the agreement?
Typically, agency agreements will have some clause about how either party can terminate the agreement (read: dump each other). Some clauses may say that either party can terminate the agreement so long as they notify the other in writing. Some say that you must notify each other in writing and wait 90 days or some other period, etc. Some will say that agreement is automatically terminated after a period of time, such as a period of exclusivity, if no sale is made. (Note: if a sale is made and the author wants to terminate after the negotiation of that sale, the agent may still be entitled to their compensation even though the relationship has ended.) So first thing to do here is to look at that termination clause in the contract.
Now, Should I Dump Him did look at their termination clause and found that the contract states that either party can terminate the contract after the period of exclusivity. The exclusivity period is officially over, so the author is free to terminate. Depending on your relationship, you may opt to ask for a phone call and break it off then or you may opt to just send an email notifying them of your intent to terminate the agreement as per the contract. All’s fair in love and war, etc.
But maybe you’re conflict-averse and you’re wondering… But if the period of exclusivity is over then why do I need to notify for termination? Can’t we both just walk away and pretend this never happened? Especially if it’s clear that neither of us really want to be in this relationship anyway?
No! I mean yes, you could, but you shouldn’t for the same reason that you shouldn’t just ghost someone you’ve been dating for months on end. It’s not polite and it’s messy and we don’t do messy around here.
Because here’s the thing — if you do the work of finding yourself a publisher and then you have a publishing contract to negotiate and you have a dangling pseudo-agreement with an agent you don’t really like or trust to have your back, then are you obligated to have them negotiate that contract for you? It’s not clear. Is it ethical to seek a new agent’s input when you could still be considered actively working with your old agent? Definitely not. Messy, messy, messy.
But he hasn’t dumped me yet! Doesn’t that mean the agent believes in me?
Maybe. It could also mean that the agent is letting you get frustrated and cut things off first because they’re conflict-averse too (not a good quality in an agent) or they’re overriding your wishes because they think they know better, want more money, just don’t care (also not good qualities in an agent).
OR they could be waiting for you to do exactly what you’re doing right now: their job.
The agent’s job is to find you a deal. And not just any deal, the best deal for your career. And not just any career but the kind of career you want to have. And here you are finding yourself a deal, a great deal, a deal that builds the career you want to have, and what do they then get to do? Negotiate the terms and collect their 15%. No homework or hustling needed, because you did it all for them.
Does this sound cynical? Hell yeah! Is it realistic because we live in a capitalist society that bows down to the almighty dollar? Hell yeah!
Look. In a perfect world, the agent is supposed to be looking out for your best interests. And 99% of the time, they do. But agents are humans too, humans who are living on commission in a publishing industry that is squeezing money from artists and their cohorts like blood from a lemon.
Period of exclusivity aside, you clearly feel in your heart that you should move on from this person. You are eager to make career moves; they are not eager to help you in these moves. You have an idea of what you want this career to look like, and they are not in alignment. Life’s too short. Dump him.
Because the other thing to remember is—if you are free and clear and you find yourself a publishing deal with no agent, you can then reach out to your agents of choice and ask them for representation with a deal already in hand, thereby increasing your likelihood that you will end up with the agent of your dreams, the one that knows what you want and supports it, that has your best interests at heart (interests that aren’t just monetary), and that you will want to stick with for the long haul.
Should you dump him? Yes, you probably should.
And you’ll be just fine.
xo,
Lisa