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Many writers don’t know the most likely publishers; even if the writers do have a good overview of the industry and some inside contacts, the typical agent knows many more players and also knows which editors like to see what material.

And the agent may even be aware of finesse elements such as recent shifts in a publisher’s acquisition strategy.

How Agents Work for Their Clients

A dynamic agent achieves the maximum exposure possible for the writer’s material, which greatly enhances the odds that the material will be published—and on more favorable terms than a writer is likely to yield. Having an agent gives the writer’s material the type of access to the powers-that-be that it might otherwise never obtain. Publishers assume that material submitted by an agent has been screened and is much more likely to fit their needs than is the random material swimming in the slush pile.

If and when a publisher makes an offer to publish the material, the agent acts on the author’s behalf and negotiates the advance (the money paid up front), table of royalties, control of subsidiary rights, and many other important and marginal contract clauses that may prove to be important down the line. The agent acts as the writer’s advocate with the publisher for as long as the book remains in print or licensing opportunities exist.

The agent knows the most effective methods for negotiating the best advance and other contract terms and is likely to have more leverage with the publisher than the writer does.

There’s more to a book contract than the advance-and-royalty schedule. There are several key clauses that you, the writer, may know little or nothing about, but would accept with a cursory perusal in order to expedite the deal. Striving to close any kind of agreement can be intimidating if you don’t know much about the territory; ignorance is a great disadvantage during a negotiation. An agent, however, understands every detail of the contract and knows where and how it should be modified or expanded in your favor.

Where appropriate, an agent acts to sell subsidiary rights after the book is sold to a publisher. These rights can include: serial rights, foreign rights, dramatic and movie rights, audio and video rights, and a range of syndication and licensing possibilities. Often, a dynamic agent will be more successful at selling the subsidiary rights than the publisher would be.

The Agent’s Perspective

No agent sells every project she represents. Even though authors are signed on the basis of their work’s marketability, agents know from experience that some projects with excellent potential are not necessarily quick-and-easy big-money sales. And, yes, each and every agent has at least on occasion been as bewildered as the author when a particularly promising package receives no takers. Some projects, especially fiction, may be marketed for a long time before a publisher is found (if ever).

The Author’s Expectations

What’s most important is that you, the author, feel sure the agent continues to believe in the project and is actively trying to sell it.

For his work, the agent receives a commission (usually 15 percent) against the writer’s advance and all subsequent income relevant to the sold project. Although this is an appreciable chunk of your work’s income, the agent’s involvement should end up netting you much more than you would have earned otherwise. The agent’s power to round up several interested publishers to consider your work opens up the possibility that more than one house will make an offer for it, which means you’ll be more likely to get a higher advance and also have more leverage regarding the various other contractual clauses.

The writer-agent relationship can become a rewarding business partnership. An agent can advise you objectively on the direction your writing career should take. Also, through her contacts, an agent may be able to get you book-writing assignments you would never have been offered on your own.

Scout for the Best Agent for You

There are many ways to get an agent; your personal determination and acumen as a writer will be two of your most important assets. The best way to gain access to potential agents is by networking with fellow writers. Find out which agents they use and what’s being said about whom. Maybe some of your colleagues can introduce you to their agents or at least allow you to drop their names when contacting their agents. Most agents will be receptive to a writer who has been referred by a current and valued client.

This book features a directory of literary agencies, including their addresses, the names of specific agents, and agents’ specialty areas, along with some personal remarks and examples of recent titles sold to publishers.

Query First

The universally accepted way to establish initial contact with an agent is to send a query letter. Agents tend to be less interested in—if not completely put off by—oral presentations. Be sure the letter is personalized: Nobody likes generic, photocopied letters that look like they’re being sent to everyone.

Think of the query as a sales pitch. Describe the nature of your project and offer to send additional material—and enclose a self-addressed stamped envelope (SASE). Include all relevant information about yourself—along with a resume if it’s applicable. When querying about a nonfiction project, many agents won’t mind receiving a complete proposal. But you might prefer to wait and see how the agent responds to the concept before sending the full proposal.

For queries about fiction projects, most agents prefer to receive story-concept sheets, plot synopses, or both; if they like what they see, they’ll request sample chapters or ask you to send the complete manuscript. Most agents won’t consider manuscripts for incomplete works of fiction, essentially because few publishers are willing to do so. If you enclose an SASE, most agents will respond to you, one way or another, within a reasonable period of time. If the agent asks to see your material, submit it promptly with a polite note stating that you’d like a response within 4 weeks on a nonfiction proposal, or 8 weeks on fiction material. If you haven’t heard from the agent by that time, write or call to find out the status of your submission.

Circulate with the Flow

You’re entitled to circulate your material to more than one agent at a time, but you’re obligated to let each agent know that such is the case. If and when you do sign with an agent, immediately notify other agents still considering your work that it’s no longer available.

At least 200 literary agents are active in America, and their individual perceptions of what is and isn’t marketable will vary widely—which is why a few or even several rejections should never deter writers who believe in themselves.

Buyer and Seller Reversal

When an agent eventually seeks to represent your work, it’s time for her to begin selling herself to you. When you’re seeking employment, you don’t necessarily have to accept the first job offer you receive; likewise, you do not have to sign immediately with the first agent who wants you.

Do some checking before agreeing to work with a particular agent. If possible, meet the agent in person. A lot can be learned from in-person meetings that can’t be gathered from telephone conversations. See what positive or negative information you can find out about the agent through your writers’ network. Ask the agent for a client list and permission to call certain clients. Find out the agent’s specialties. Ask for a copy of the agent’s standard contract. Most agents today will want to codify your relationship with a written agreement; this should protect both parties equally. Make sure you’re comfortable with everything in the agreement before signing it. Again, talking with fellow writers and reading books on the subject are excellent ways to deepen your understanding ofindustry practices.

When choosing an agent, follow your best instincts. Don’t settle for anyone you don’t perceive to be on the level, or who doesn’t seem to be genuinely enthusiastic about you and your work.

Self-Representation: A Fool for aClient?

Agents aren’t for everyone. In some instances, you may be better off on your own. Perhaps you actually do have sufficient editorial contacts and industry savvy to cut good deals by yourself.If so, what incentive do you have to share your income with an agent? Of course, having an agent might provide you the intangible benefits of added prestige, save you the hassles of making submissions and negotiating deals, or act as a buffer through whom you can negotiate indirectly for tactical reasons. You might also consider representing yourself if your books are so specialized that only a few publishers are potential candidates for them. Your contacts at such houses might be much stronger than any agent’s could be.

Attorneys: Literary and Otherwise

Some entertainment/publishing attorneys can do everything an agent does, though there’s no reason to believe they can necessarily do more. A major difference between the two is that the lawyer may charge you a set hourly fee or retainer, or any negotiated combination thereof, instead of an agency-type commission. In rare instances, writer-publisher disputes might need to be settled in a court of law, and a lawyer familiar with the industry then becomes a necessity.

Bottom-Line Calculations

The pluses and minuses of having an agent should be calculated like any other business service you might retain—it should benefit you more than it costs you. Generally speaking, the only real cost of using an agent is the commission. Of course, using the wrong agent may end up causing you more deficits than benefits, but even then you may at least learn a valuable lesson for next time. Your challenge is to seek and retain an agent who’s right for you. You’re 100 percent responsible for getting yourself represented and at least 50 percent responsible for making the relationship work for both of you.