In a Quandry! Advice/Help needed

[Perpetual Man]

As of this morning I ran into a little problem concerning, surprise, surprise publishing and wondered if anyone could chip in with what I should do.

I'm a bit antsy about posting this - mainly becaue, like an idiot, I post under my actual name not a User name so although I won't mention any names it is possible that some people involved will know it is them I am talking about... Doh!

About a year ago I began submitting a novel to various agents. The second nes who recieved the manuscript liked it and said they would represent... >A lot of time passes and a lot of things happen, some maybe relevant but I'll skip on<

Although the agents reported a few publishers interest nothing really happend until a few weeks ago I was informed I was shortlisted by a publishers.

A decision was too be made last week. On Tuesday I was informed that I wad made the cut and the book was going to be picked up; that an offer would be made on the 20th September - Great eh?

The agent said that they would contact me and talk me through the process of what would happen next. Never heard anything, and when I tried to contact them - nothing, which to be fair was very unusual, I normally heard back within a few hours.

With a week to go (today) I received a form e-mail that explained that due to unwarranted attacks on the agency through some online forums (not this one as far as I am aware) and posters in particular the company was suspending all activies, relocating and renaming and then resuming activies at the start of next month.

The e-mail then went on to say that some of the writers whose works were close to obtaining contracts would not lose out, while others unfortunately would.

The e-mail was also quite open and I think honest, but it all seems quite a mess.

There's a lot of detail missed out here (obviously) but should I accept the offer and remain with the agency - and hope that it's not all smoke and mirrors, or should I cut my losses and start again, try and find another agent?

(If any moderators are reading this and would let me change my user name I'd be most grateful - if it's possible)

 

[dwndrgn]

Well, here's my advice, for what it's worth (probably not the pixels it's using). I would start over again. Closing up shop and changing names and opening up again doesn't sound like normal business practice to me. As a matter of fact it sounds dodgy, cowardly and rather childish. I mean, if someone is bashing your company, you don't run away - you post your position in a professional manner and ignore anything else. Sure, business might take a hit - but these things are transitory. Well, in any case, that would be my position.

 

[Perpetual Man]

I think deep down I agree with you, dwndrgn.

I know I've skipped so many details of what has been going on for the last years from the above, but there are two things at the moment that have me thinking.

The first is having to start all over again. If the agents were on the level and we had gone through publishers to get so close... then I'll have to find an agent from scratch...

The second being to be little more than a week away from an alleged contract and having it gone... and there might be the slimmest of chances

 

[Mark Robson]

(If any moderators are reading this and would let me change my user name I'd be most grateful - if it's possible)

This is possible, but only through Brian. I suggest you drop him a PM.

As for thoughts on your position ... my first thought is poor you! I can't imagine what it must feel like to have the carrot dangled that close only to be snatched away at the last second.

My questions for you to ask are: Is the publisher who is ready to offer a reputable one? If so, is the offer on the table regardless of whether it's through an agent, or not? Have you signed a contract with the said agent that is binding in the event of the agency disbanding? If not, your position suddenly becomes a lot stronger.

 

[Perpetual Man]

My questions for you to ask are: Is the publisher who is ready to offer a reputable one? If so, is the offer on the table regardless of whether it's through an agent, or not? Have you signed a contract with the said agent that is binding in the event of the agency disbanding? If not, your position suddenly becomes a lot stronger.

One of the many questions I have is if the agents are legit fair enough, but what if they have not contacted anyone? What if it was all as much fiction as something I had written? (They had not contacted anyone, just made it up.)

The publishers name was one I recognised - but it might not ber the one I am thinking of (strange) The agent called it by one name where as it is known by two and I figured it might be a small onscure one - if it exits

 

[BGB]

If it's NYLA run for the hills

 

[Mark Robson]

I'll ask again - have you signed a contract with the agent?

 

[dustinzgirl]

Well, here's my advice, for what it's worth (probably not the pixels it's using). I would start over again. Closing up shop and changing names and opening up again doesn't sound like normal business practice to me. As a matter of fact it sounds dodgy, cowardly and rather childish. I mean, if someone is bashing your company, you don't run away - you post your position in a professional manner and ignore anything else. Sure, business might take a hit - but these things are transitory. Well, in any case, that would be my position.

I agree. An honest business would not run from some bs slander on Internet forums, how unprofessional is that? THey are hiding something, me thinks.

 

[Perpetual Man]

I'll ask again - have you signed a contract with the agent?

Oops Sorry Mark, I meant to answer that. Yes initially I did, but from what I understand from the e-mail received this morning any one who wishes to remain with them can contact them to be offered a new contract.

I don''t know how binding the original will be... different name and all

 

[dustinzgirl]

Oops Sorry Mark, I meant to answer that. Yes initially I did, but from what I understand from the e-mail received this morning any one who wishes to remain with them can contact them to be offered a new contract.

I don''t know how binding the original will be... different name and all

So changing names, locastion and contracts?

I'd make sure you have a copy of your ocntract, look for an out and take it. Then contact a good agent, like Jon Jerrold (he is around here somewhere) or there is also somewhere, a listing of agents with credentials too.

 

[Mark Robson]

Tim, as you list your location as United Kingdom I seriously suggest you contact the Society of Authors and ask for advice there. They are up to speed on all the latest talk and have an excellent legal department just poised to leap to the aide of authors - that's what they are there for. If you are not a member, don't worry. I would not be surprised to find they will offer you some advice anyway, but investing in a membership with them might prove very useful in your case.

Here's their home page: http://www.societyofauthors.net/ Their telephone number is on it. I suggest you give them a call. You can tell them I referred you if you like.

 

[BookStop]

You could google the publisher to see it's real. I would also be interested in what exactly has been said about this company - have you tried contacting other authors they represent? It does all sound kind of shady, but it's also possible we are all under the wrong impression. If you do go ahead with this agent, make sure you tred lightly and double check everything you sign, which would be a good idea even if you felt secure with the company.

 

[Teresa Edgerton]

You can contact them and be offered a new contract, but do they say anything about releasing you from the old one?

If you know the name of the publishing house, why not contact them and find out if they really are about to make an offer on your book? Most places are more approachable than you think, and that would certainly be the case if they are interested in buying your book. If they aren't, well there's no harm done.

 

[Perpetual Man]

You could google the publisher to see it's real. I would also be interested in what exactly has been said about this company - have you tried contacting other authors they represent? It does all sound kind of shady, but it's also possible we are all under the wrong impression. If you do go ahead with this agent, make sure you tred lightly and double check everything you sign, which would be a good idea even if you felt secure with the company.

The trick is the publisher name I was given is Morrow. And that is all the agent ever referred to them as... Now that could be William Morrow, part of Harper Collins but I don't know for certain.

 

[Perpetual Man]

Thanks to everyone who has responded so far, all backing up most of what I thought but making me feel better about it anyway!

Mark - thanks for the Society of Authors I'm looking right now.

Teresa, as I said to Boostop could be William Morrow, but can't find a contact e-mail for them yet...

 

[Brian G Turner]

It certainly does ring alarm bells that the agency is looking to relocate and change their name - it certainly doesn't sound like the sort of normal behaviour you'd get from an established agency.

However, it's certainly possible that a less established agency may consider rebranding as an easier option than chasing a libel case.

Either way, good tip from Mark - keep us informed.

Also, I've changed your username - feel free to ask for it to be changed as required.

 

[Teresa Edgerton]

.

Teresa, as I said to Bookstop could be William Morrow, but can't find a contact e-mail for them yet...

Call them. There should be a phone number on the HarperCollins webpage. You can probably find someone there who has enough sympathy for your plight that they'll be willing to talk to you. (Give them a shorter version of the story you told us. People on the telephone stop listening if you take too long to get to the point.) If no one is willing to give you information, you've lost nothing by trying.

Is your book SFF, by the way? Did the agent say they were talking to a publisher in the US? Because EOS is the SFF imprint for HarperCollins over here.

Also, I should have said before, you could try contacting the people from SFWA at their Writer Beware website. They look after the best interests of writers even if they aren't members of their organization, and they tend to be up on all the latest scams and shady dealings. The "slanders" concerning your agent may be altogether warranted, or at least you might learn what sort of suspicious actions they're based on.

 

[Perpetual Man]

Call them. There should be a phone number on the HarperCollins webpage. You can probably find someone there who has enough sympathy for your plight that they'll be willing to talk to you. (Give them a shorter version of the story you told us. People on the telephone stop listening if you take too long to get to the point.) If no one is willing to give you information, you've lost nothing by trying.

Is your book SFF, by the way? Did the agent say they were talking to a publisher in the US? Because EOS is the SFF imprint for HarperCollins over here.

Also, I should have said before, you could try contacting the people from SFWA at their Writer Beware website. They look after the best interests of writers even if they aren't members of their organization, and they tend to be up on all the latest scams and shady dealings. The "slanders" concerning your agent may be altogether warranted, or at least you might learn what sort of suspicious actions they're based on.

Thanks once again for all the advice, Teresa

I'll definately look into the SFWA...

As I say the only name I was given was Morrow - that may or may not be William Morrow, it could be some obscure publisher the agent found, or someone who does not even exist at all...

There is no way of knowing whether the agent did any of the things they claimed... I'd like to believe that they actually did some work - what have they got to gain from not doing it?

The book, incidently, was Fantasy aimed towards a teen market...

 

[Susan Boulton]

the company was suspending all activies, relocating and renaming and then resuming activies at the start of next month.

Hmm, well, I am not saying this has happened to your agents and most likely has not, but the only time I have heard this happen is when a company is close to going under, being hounded both by suppliers and customers for defaulting both on payments and incompleted work. Closing one company, transferring a number of the profitable contracts to the new company and setting up said new company is a way of getting out of obligations to unwanted customers and suppliers alike. Everyone gets sucked into the legal tangle that ensues. Not nice, not pretty, and destructive to all concerned.

And to be honest, can any internet forum really have the power to affect an agency or any business in that fashion??? Personally I have seen forums shut down by service providers for infringement of copyrights on artwork, for slandering a company, well... I think the owners of said forums might be in deeper water,

But this is my opinion, nothing more.

 

[Perpetual Man]

Well it's over a day since everything happened and I would like to thanks every one for their comments and help. I have taken most of it on board and tried to do what most people have suggested (and one or two more as well). I will let you all know how things move on...

Personally I think it is safe to say that I am still slightly miffed (to put it mildly) about the events now that everything has had time to sink in.

I think that I am beginning to agree with everyone else that the agents were complete >insert your favoured derogitory expletive< and that the best option for me is to call it a day and start again from the bottom up, looking for a better agent this time, but not for a few days yet.

At the moment I just want to catch my breath and get my mind settles. After writing consistantly every week day for the last few weeks and enjoying it immesely I find that I just don't want to write, so much has this knocked the stuffing out of me. Just hope that I'll be able to get back at it in the next few days...

Again, thanks to everyone for comments and suggestions, and for the support.