Pub Rants

Category: Agent Kristin

Writers tend to assume that good writing trumps all when it comes to getting an offer of representation. Not true. Here is the #2 reason I will pass on a full manuscript even if the writing itself is stellar (for any of you who don’t read my blog, Pub Rants, see the #1 reason here):

Lack of story conflict for the protagonist.

To put this another way, the main character doesn’t have enough at stake to drive the story.

I recently read a full manuscript in which the writing and world building utterly charmed me. I loved spending time in the space the writer had created. But I arrived at the end of the novel and realized that being charmed was all there was to it.

Even if the writing and the world are charming, no stakes means no conflict. Why is that a problem? Because no conflict means no story. Conflict—or what’s at stake for the main character—is the engine writers use to tell a good story.

In this particular case, I did write up a lovely but short revision letter outlining my concern. I shared that with the author, along with an invitation to revise and resubmit. I’ll be delighted to give that one another look.

Still, the novel would have been stronger had the writer nailed this necessary element the first time around. It’s harder for an agent to read with “fresh eyes” the second time.

So remember, writing talent + story conflict = masterful manuscript.

Photo Credit: Ken & Nyetta

I’m not sure this has ever been said aloud….

For submissions, I’m pretty certain that writers assume that if the writing is good, an agent is going to be interested in offering representation to the author.

No doubt–good writing is essential but as an agent, I’ve passed on any number of submissions that exhibited some stellar writing. Why? Doesn’t talent trump all? Nope.

The #1 reason I pass on manuscripts with good writing is because of a lack of pacing.

Just recently, I read a submission where I thought the writer was extremely talented. As I was reading, I couldn’t help but think that the beginning seemed ponderously slow. I gave up before page 100 despite some lovely lyrical prose on the page. I glanced at the query letter again and there it was, the word count for the story. It was well over 100,000 words for a project that needed to come in more around 80,000 words.

Yep, that confirmed it for me. The plot pacing was way off. Sadly, I just didn’t have enough time in my schedule to try and take on such a big edit to fix it.

So remember, writing talent + pacing = masterful manuscript.

Photo Credit: Marc Falardeau

November is National Novel Writing Month (NaNoWriMo), and the TwitterVerse and Blogosphere are alive with advice from writers helping other writers knock it out of the park. There isn’t much I can add there, but I can offer some advice from an agent’s perspective that I think writers will find enormously helpful. So here are three tips that may change how you tackle NaNoWriMo:

Tip #1: Write the jacket copy before you write the novel.

Why? So many writers focus on stories that don’t have a concept big enough to merit a novel. Knowing how your jacket copy could read before you jump in and write an entire novel forces you to boil your story down to its essence to see if your idea is solid. Then share your jacket copy with other writers. Ask, “Would you read this novel?” So much of success in this business depends on luck and timing. You have to have the right story at the right time for the market.

If you are indie publishing, don’t worry about this too much, but do ask your fans whether this a story they’d want to read. They won’t be shy about telling you!

Tip #2: Even if you don’t hit the NaNoWriMo goal (to write approximately 1,700 words a day, or 50,000 words in 30 days), consider yourself a success. Finish the manuscript, and then revise it!

Once you finish your manuscript (whether on November 30 or later), do tackle the next step, which is revision. We get a lot of queries every year on December 1, and for most writers, the first draft isn’t quite golden enough to snag an agent’s attention. Resist the urge to submit until you’ve made your novel the best it can possibly be.

Tip #3: Not everything you write needs to be shared with an agent or the general public. 

If you keep this I’m mind, it can set your writer-self free. Sometimes the largest block to writing is the fear of writing terrible stuff. I’ll let you in on a secret. Every author writes crap sometimes. Repeat after me: Even bestselling authors write crap sometimes. It’s a fact of the writing life.

Give yourself permission to write badly. That is what revision is for! Sometimes there is a gem of an idea that will turn into “the one” and jumpstart your career. But you can only find that if you write.

And my final tip? Have a blast writing. If you aren’t having fun, it’s not worth doing.

Emily Easton at Crown Books for Young Readers has won, at auction, Scott Reintgen’s debut science fiction young adult trilogy beginning with THE BLACK HOLE OF BROKEN THINGS. In the novel, a Detroit teen accepts an interstellar space contract only to realize the promised millions must be won in a brutal competition where winners face the ultimate choice—take the money and become pawns in the corporation’s sinister plans or find a way to fight that won’t forever compromise their humanity. Publication is scheduled for 2017. Kristin Nelson at Nelson Literary Agency brokered the mid-six figure deal for North American rights.

To celebrate Scott’s awesome news, I’m delighted to share with my blog readers Scott’s original query letter that landed me as his agent and resulted in an auction for a mid-6 figure young adult book deal.

Date: July 1, 2015 at 1:58:01 AM MDT

To: querykristin@nelsonagency.com

Ms. Nelson:

I have the highest respect for you and how you represent your clients. After looking through your submission guidelines, I felt that my novel might be a good fit for your list. Thank you for your time and consideration.

THE BABEL FILES [title was changed for the actual submission to editors] is a completed, YA science fiction book of 83,000 words. Readers familiar with Pierce Brown’s Red Rising or Fonda Lee’s Zeroboxer will find similar elements in my work. I do feel one of the most important features of this novel is the focus it has on a main character who is a PoC. Having worked in urban schools my entire career, I so often find my students have little to no representation in these types of books. I was hoping to give them an opportunity to see themselves, vibrant and on the page and victorious. To this end, I followed advice I received from author Mary Anne Mohanraj at the World Fantasy Convention. She suggested I seek readers of a diverse background in the beta process. I did just that and was incredibly pleased at the response to Emmett’s authenticity and relevance.

Emmett Atwater isn’t just leaving Detroit; he’s leaving Earth. Why Babel recruited him is a mystery, but the number of zeroes on their contract has him boarding their lightship and hoping to return to Earth with enough money to take care of his family, forever.

As he and nine other teenagers wormhole their way through space, Emmett discovers the promised millions aren’t a guarantee. Each recruit must earn the right to travel down to Eden. There, Babel will use them to mine a substance that’s quietly become the most valuable in the world. Emmett’s year-long flight will act as a competition. Every training session is measured, every point matters, and Emmett will do anything to win. But Babel’s ship is full of secrets. Secrets about the volatile substance they’re hoping to mine, about the reclusive humanoids already living on Eden, and about their true intentions for the kids that don’t win their competition. As Emmett uncovers the truth, he realizes he’s not fighting for wealth or glory, he’s fighting for his life.

I am a 10th grade English and Creative Writing teacher who has spent years sharing my favorite science fiction and fantasy novels with my students, and I’ve started writing stories with them in mind. THE BABEL FILES is my third completed novel, and the first in a science fiction trilogy. I have included sample pages below for your consideration. I look forward to your response.

All best,

Scott Reintgen

This month’s topic is the hardest to quantify, because when an agent offers representation, it will be difficult for a writer to ascertain his or her financial viability. This is often knowledge that doesn’t become apparent until after a business partnership has been established.

Regardless, it’s still worth saying: Good Agents are financially stable as agency entities as well as in their personal lives. 

First, let’s discuss why this is important. For those who are new to the publishing industry, keep in mind that money always flows to the author, not away. So, an agent earns her living by being paid a 15% commission (slightly different percentages for foreign and dramatic rights) on advances and royalties for projects sold. In other words, a book is sold to a publisher, the publisher sends a check to the agent, the agent takes her 15% commission based on the gross amount and then passes the other 85% through to the author.

Pretty simple. So why is it important for an agent to be financially stable in both her business life and her personal life? Because you don’t want your agent making fast, split-second decisions about your career, what deals you should accept or not accept, based on the fact that she might really need her 15% commission that month to pay her bills—either for personal debt or for the agency. Same is true when the contract comes in. You don’t really want an agent who will “rush” through a deal-points negotiation or a contract just to get it signed so that she can receive her commission faster.

That’s never going to be in your best interest.

Is it possible to identify the financial stability of an individual agent? In the initial stages of forming a representation partnership, probably not. But here are some thoughts to keep in mind:

*  Does an established agent, in the business for five years or more, still take on a lot of clients? That can be a sign that her current client list does not generate enough money to support her or her agency.

An established, good agent with solid financial stability takes on only select clients in any given year. Agents who need the money often take on a lot of clients so there is more front-end money (advances) coming in rather than back-end monies (revenue generated through royalties). Evaluate an agent’s sales track record and assess how likely the money generated by those sales creates financial viability for the agent.

Are all the deals for small or no advances? Do larger deals that have sold at auction for six figures balance out the smaller deals? Have enough clients on the agent’s list been successful enough to potentially earn back-end royalties to support the agent or agency?

Even when NLA was in its infancy and the budget was tight and small, I was very selective in offering representation. I had a five-year business plan and a business loan to make sure agency expenses were covered as I slowly built up my client list. Good agents don’t jump into agenting on a wing and a prayer. Good agents are savvy entrepreneurs with a plan.

* Does an agent close a deal quickly and then process the contract equally as fast? See my previous Fearless Negotiation article on this topic, as this might be a red flag.

* Does the agent talk about money in oblique or negative ways? There are certain expenses that are just part of being in business as an agent (i.e., paying for one’s own health insurance if an independent contractor under a larger agency umbrella). Does the agent kvetch or consider it a “hardship” to cover these types of expenses? Often that will come out in casual conversation and could be a sign of financial instability.

* Is the agent an independent contractor affiliated with the agency? If so, then that agent has to cover all their own expenses outside of the agency umbrella. Does that agent attend major events like Book Expo or Book Fairs, even when they have to foot the bill themselves? Or does that agent only attend conferences that reimburse travel, hotel, and meal expenses?

* Does the agent balk at footing extra, necessary costs—such as a consultation with an attorney for special situations or issues?

* Does an agent talk with a long-term perspective? Agenting is hard, and lots of new agents come to the business with wide-eyed optimism and then don’t last beyond two or three years. If an agent is committed to the career regardless of the finances associated with it, that will come through in casual conversation.

Keep in mind, this is not a get-rich-quick career. An agent needs to be in for the long haul to make it a success.

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General Summary about the Article Series: Just as the title suggests, because agents are also human beings, they are going to embody both good and bad traits found in human nature. No one is perfect. And as some authors have discovered, some agents are more imperfect than others!

Your job as an author is to objectively recognize those human attributes or failings in your agent and decide whether they impact your career. Hopefully they don’t. To this end, Karen Dionne of Backspace and I have put together a whole list of topics to tackle for “Because Agents Are Human Too.”

Photo Credit: Rich

(Just a note, this post is from our archives. Some references and links may be from past years.)

August’s topic might be the most controversial. At the very least, I imagine opinions will vary widely, and I welcome any conversation this might spark.

For an agent to be successful, she has to build trust with editors. Editors have very little free time, so they have to trust that what an agent submits to them will be worth reading. To that end, agents build relationships with editors to create that trust. Publishing, in this sense, isn’t the same as selling widgets. It’s rather an intimate industry.

And there is a narrow balance beam an agent has to walk between creating a good relationship with the editor and advocating for the author client.

With this in mind: Good Agents are friendly with editors but not friends with editors.

This is a very important distinction. It’s OK to be friendly in a professional relationship, but being friends poses a potential conflict of interest that might affect the agent’s ability to represent a client.

Quite simply it comes down to this. If an agent has to address a complicated or difficult issue with an editor (an issue that might lead to a split between the author and the publisher), whose side does the agent need to be on? The client’s of course.

But if an agent is good friends with an editor, the agent might not be willing to jeopardize that friendship to be the author’s champion.

At the very least, the agent might hesitate, and that is a real concern. If your agent has committed to representing you, he or she should never put personal priorities over yours.

Even though 95% of the time, it’s peaches and cream with the publisher and author, and a chummy editor relationship won’t be an issue, there will always be that other 5% where a big issue arises. It’s inevitable during a writer’s career.

As a lot of agents and editors are based in New York, where professional functions provide many opportunities for socializing, the line can blur more often than not. That’s something to keep in mind, and one reason being based outside the Big Apple can actually work in an agent’s favor—geographic distance helps create the “friendly with” versus “friends with” dynamic.

Even if an agent strongly believes she can wear two hats and be in agent mode rather than friend mode when the situation calls for it, keep in mind that agents are humans too and, therefore, fallible when it comes to managing the many types of relationships they maintain in their professional and personal lives.

The best agents, even those in New York, are mindful and respect the boundary between “friendly” and “friends.”

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Summary of article series: Just as the title suggests, because agents are also human beings, they are going to embody both good and bad traits found in human nature. No one is perfect. And as some authors have discovered, some agents are more imperfect than others!

Your job as an author is to objectively recognize those human attributes or failings in your agent and decide whether they impact your career. Hopefully they don’t. To this end, Karen Dionne of Backspace and I have put together a whole list of topics to tackle for “Because Agents Are Human Too.”

Photo Credit: Tinou Bao

Just as the title suggests, because agents are also human beings, they are going to embody both good and bad traits found in human nature. No one is perfect. And as some authors have discovered, some agents are more imperfect than others!

Your job as an author is to objectively recognize those human attributes or failings in your agent and decide whether they impact your career. Hopefully they don’t.

To this end, Karen Dionne of Backspace and I have put together a whole list of topics to tackle for “Because Agents Are Human Too.”

Topic 1: Because they are human, good agents keep their client lists small and manageable.

The trick is to define what is considered small and manageable. This question is asked at conferences all the time, and the truth is that the answer is going to vary widely depending on the agent and the agent’s situation.

Some things to keep in mind:

*Is the agent part of a larger organization/agency that supplies a lot of support staff in terms of auditing royalty statements, reviewing contracts, accounting, etc.? Or, if he or she is with a smaller, less corporate agency, how many non-agent personnel does the agency employ?

Many agencies employ a lot of agents but very few support staff. It’s typical in this industry that agents are one-man bands. They handle all the business elements listed above, and even if they’re associated with a larger agency, they still operate as the sole proprietors of their client lists. To be blunt, doing agenting well requires far more work than one person can handle in an eight- or ten-hour day—which means a lot of agents aren’t doing things like auditing royalty statements and thoroughly negotiating contracts.

More support staff = more clients an individual agent can manage successfully.

Here’s a good rule of thumb: If your agent has a lot of support in place, a larger client roster is not really a concern. If they don’t, then know that a larger client list is pretty difficult to manage, and more than likely, some business aspects are going to fall through the cracks.

Some possible red flags:

*Some agents operate on what we call the “shotgun” approach. They take on a bunch of clients, throw a lot of stuff out on submission, and see what sticks. These agents will have a lot of clients on their rosters.

*A high number of small- or no-advance deals could indicate that an agent is operating on the shotgun approach.

*Agents who are already established (five+ years as an agent) should have developed strong financial security with their current client roster. Be on the lookout for agents who suddenly take on a lot of clients all at once or during a short period of time. It could mean their current client list isn’t supporting their business.

*Be aware of agents who have high rate of client turnover, or who do a lot of one-time deals for authors but few subsequent deals.

For me, a small client list means fewer than 50 clients. My list is currently at 32.

Other agents may easily have a comfort level at 60 or 70 clients.

The real question here is, as an author, what is your comfort level regarding how many other clients your agent represents?

This June, I taught a query workshop at Lighthouse Writers Workshop’s Lit Fest. Afterward, one participant approached and asked me to read a response letter she had received (not from me). She wanted to know if it was a “standard” rejection letter. I read it aloud and was a little chagrined to discover just how similar it was to the letter I had been using for years. I told her that yes, this was not a personal letter but a standard rejection. Two days later, I was chastised by an aspiring writer who said it was time for us to change our standard rejection letter. Obviously that poor person had received our letter multiple times.

But I took the chastisement to heart. It was time for a change. So I’m going to share with you, my newsletter readers, our standard rejection letter and explain why I chose the verbiage I did.

Dear INSERT WRITER’S NAME:

KN: I actually do input the writer’s name. This business is so impersonal (some agents don’t even respond at all if they aren’t interested in a query), but I always want writers to be acknowledged as human beings. Even though it takes longer to respond to queries.

Thank you so much for thinking of me for your query. I wish I could offer a more personalized response but on average, I receive 500+ email query letters a week.

KN: This is true. In fact, I receive way more than 500 queries a week. Recently I’ve been averaging about 100 to 150 email query letters a day. Don’t let these stats daunt you. If you are serious about your career, you’ll persevere. Know the odds, but give them only the weight of a side note. I have signed many a client after finding them in our query inbox.

Do know that every query letter and sample page is read, and even though your project is not right for me, it might be right for another agent so don’t give up!

KN: This is true. I actually read a lot of my own queries on a daily basis. However, when I travel or have a crazy day, Angie, Jamie, and Karrie jump in to help out. They have to. After just two days, the inbox grows unwieldy. I also really do mean the last line. I’ve passed on any number of queries for projects that weren’t right for me but that other agents loved and went on to represent and even sell. I can only champion what I feel passionate about. Not everything will be a good fit for me. 

I’m also sorry I have no agent recommendations to offer.

KN: I had to include this. We were receiving so many reply emails asking for a recommendation that it was taking too long to respond to every query twice. We had to preemptively make it clear that we could offer no more information. 

Good luck with all your publishing endeavors.

KN: Absolutely. My rejection letter to your query is only one little bump on your journey to becoming a published author. 

Sincerely,

Kristin Nelson

Q to the twitter and FB brain trust: Why in the world am I receiving queries addressed to Kristen Callihan?

When it first started happening, we all laughed and brushed it off as someone simply misreading the site and since Kristen’s client bio pops up first on the client page, the reader simply confused her name with mine.

But now it’s happening dozens of times a week. I have to think that the contact must simply be listed wrong on some site that references Nelson Literary Agency. I’d love to track it down and get it corrected if my blog readers have any info.

Kristen is greatly flattered that folks think she is a literary agent but she’s definitely not reading our query inbox and so has no reply to offer!

Over the last decade, I really wish I had tracked how much money NLA has recovered by carefully auditing our royalty statements every accounting period. Because of some big errors found a couple of years ago, it’s probably to the tune of over $600,000 recovered at this point, and it wouldn’t surprise me if that total was actually more. Even now, nary an accounting period goes by that we don’t recover at least $500 to $3,000 owed to a client.

On rare occasions, we have even found errors in the Publisher’s favor—and yes, we do notify them to highlight the correction. Luckily, those have only amounted to several hundred dollars at any given time. And to be clear, Publishers aren’t being nefarious or deliberately cheating the author (with the exception of a few publishers, which will remain unnamed).

Most errors we catch are human errors. In other words, the Publisher’s in-house royalty management staff simply keyed incorrect information into their accounting system. Also, “accounting departments” at some mid-sized publishers and small presses are staffed by English majors. Mistakes will be made.

These mistakes need to be found and corrected and the monies paid to the author client. Here is the jaw-dropping fact: A good percentage of agents do not audit their clients’ royalty statements.

Let me repeat that. Even though authors hire literary agents to guide their careers and most importantly, manage their business publishing interests (royalties being a huge component of this), many agents do not actively audit or even read client royalty statements. This leaves authors to fend for themselves regarding reading and understanding their statements.

So for me, good literary agents audit royalty statements. When I was newer to this business, I did the time-consuming auditing and analysis myself, every accounting period, and shared my comments with my client. Every accounting period. I even hired a professional book royalty auditor to mentor and read behind me to assess my competence and capability. Then I hired and trained our amazing Contracts & Royalties Manager Angie Hodapp to handle this at NLA.

And Angie took it to a level that leaves me in awe every accounting period. I imagine our clients are often in awe as well when every six months, she sends a detailed letter with my comments as well as her analysis of the statement and what questions we had to track down and if extra monies are owed.

A lot of the larger agencies will have staff in-house to handle this (or I hope they do….I don’t actually know as I’ve not worked in a big agency), but I’m willing to guess that most of the smaller, boutique agencies don’t. This means that the author relies on his/her agent to analyze the statements.

So ask yourself. Is your agent doing this? If you don’t know, ask. It’s part of the agenting job. Recently, Angie has been giving workshops at local writing conferences to teach authors how to audit their own royalty statements. Even if your agent does this on your behalf, it’s not a bad idea to also be checking them. Human errors can happen on our end as well!

So with her permission, and worth its weight in gold, a handy list.

How to Audit Your Own Royalty Statements by Angie Hodapp

Keep an excel spreadsheet for each title, and add the following when each statement arrives:

• Track copies sold and royalty rates applied to each edition. Do the percentages match the contract?

• If you have a royalty escalator, make sure you’re watching units sold so you can see if the escalator is triggered at the right time.

• Track royalty earnings for each edition. Add them all up and subtract them from the advance. Make sure your math matches the math on the statement.

• Check for continuity from the last statement’s bottom line (ending balance) to the current statement’s starting balance.

• If the royalty is based on net receipts, then make sure the net amount received by Publisher is reported on the statement, along with number of copies sold. Do the division. How much is the publisher claiming to have received for each unit? Is it a reasonable amount based on the retail price?

• Look at the number of copies reported sold as “high discount” or “over discount” or “special sales.” Publishers love to sell most copies under these terms, which means smaller royalties for you. Make sure your contract limits the number of copies publishers can sell under these terms!

• Watch reserves. Your contract should specify how much the publisher can hold in reserves, and for how many accounting periods after initial publication. You can ask the publisher to release reserves once returns taper off. That’s more money passing through to you, or applying toward your advance.

• Watch returns. Publishers adjust reserves up and down from period to period based on actual and projected returns.

• Watch subrights licenses. Know the terms of all subrights deals, which may include audio, large print, book club (either a stock-buy or a special printing), or other special editions.

• Watch and track foreign right deals. If your publisher holds world rights and is actively selling your work into foreign territories, ask them each accounting period to give you:

—Details of any new foreign-rights deals, including: advance, royalties split, term of license, publication date or planned publication date, and reporting schedule. (Note that most, but not all, foreign publishers report annually, not bi-annually.)

—Copies of the licensing agreements. Even if they’re in languages you don’t understand, it’s within your best interests to have such things in your physical records.

—Note that foreign monies can take from a year to 18 months to pass through the publisher’s subrights department and show up on your statements.

If you want a more in-depth royalty statement auditing experience, join Angie for her upcoming Royalty Statements Auditing Workshop, scheduled for July 30, 2015.  This Webinar is open to the first twenty attendees to sign up.

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The genesis: In January 2015, Backspace co-founder Karen Dionne and I had a conversation in which she mentioned that writers sometimes want representation so badly they are willing to sign with an average or even a below-average agent. Trust me, not all agents are equal. I replied, “Well, writers don’t know what they don’t know.”

In that moment, a lightbulb went on for both of us. Writers don’t know what a good agent does. How could you if (1) you’ve never experienced it and (2) you’ve only ever had one agent and no way to assess just how strong he or she might be at the job?

Thus, this series of articles was born.

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Archive:

February 2015 Newsletter – Article #1: Agent As Savvy Business Manager

March 2015 Newsletter – Article #2: Commanding Authority: An Agent’s Negotiation Edge.

April 2015 Newsletter – Article #3: Fearless Negotiation: An Agent’s Most Important Role for an Author

May 2015 Newsletter – Article #4: Negotiation Tactics of Good Agents