Ask Author Law

How to fire your agent

January 19, 2016

Tags: Agent, Agents, Agency Agreement, Author Law, Writing, Sallie Randolph, Authorlaw, Copyright, Publishing, Books, Contracts, IP Law, Intellectual Property, Journalism, Authors, Trademarks

Q: My agent sold my first two books, which are still selling well, but he hasnít really done anything with my two most recent proposals. I get the feeling he has bigger fish to fry and that my books arenít the blockbuster types he would prefer. Iíve decided that another agent might be better for me, but Iím not sure how to proceed from here, from a legal perspective. What do you suggest?

A: You should start with a clear understanding of the legal relationship between you and your present agent. Do you have a written agency agreement or a handshake deal? If you have a written agreement, it probably spells out how the relationship may be ended. For example, either party might be able to terminate upon written notice to the other. The contract might spell out the timing of such notice and, perhaps, specifics such as a requirement to use registered mail. So examine the contract and follow the specified procedure exactly. This is important even if your agent says itís not necessary. Itís very important to be precise when dissolving a contractual relationship. This doesnít mean you canít talk to your agent ahead of time to reach an informal understanding. It just means that you should follow up by dotting all the ďiĒs and crossing all the ďtĒs. If you have no written agreement, you should plan to give your agent reasonable notice that youíre making a change and you should do so in writing so there can be no misunderstanding.

Be aware that the change youíre making is only for future deals. You will remain obligated to your first agent for any commissions and expenses related to your first two books. He will also probably continue to receive payments on your behalf and forward them to you after deducting what is owed to him. It may be possible to negotiate a different arrangement, but, if you do, be sure to get a written acknowledgement of the new terms from him. Since your books still generate income, the first agent will probably want to remain agent of record. In the future, though, when the income thins out, he might be agreeable to a change.

Ask Author Law is a Q&A blog about legal issues for authors. I am a practicing attorney, freelance writer, and publishing consultant. I focus my law practice on the representation of authors, often consulting with or serving as co-counsel to other attorneys on publishing cases. This information is for general purposes only and is not legal advice. Asking a question or reading an answer does not create an attorney-client relationship.