Commanding Authority: An Agent’s Negotiation Edge by Kristin Nelson and Karen Dionne

Not all literary agents are created equal. Agent Kristin Nelson and author Karen Dionne have seen the good, the bad, and the truly ugly. In this article series, “Think Like an Agent,” they pool their expertise. 

Kristin:

kristin nelsonIn January, one my clients emailed me a great note to kick off the new year. She wrote:

“This is going to sound random, but I feel the need to do a bit of effusive gushing to you. As you probably know, authors eventually turn to gossip (about their contracts too) and I recently found out that several writers I know are stuck with joint accounting, one of them being a NYT bestseller. To say the least, I was agog. My next, immediate thought was that I have the best agent ever.”

Because my client knows that all our contracts here at NLA have separate accounting. I really appreciate when my authors recognize a good job well done because let me tell you, great contract negotiation is not the sexy part of agenting. But it’s the backbone of a great career for my authors.

First, let me explain what joint accounting is: A multi-book deal that grants joint accounting allows the publisher to apply all earnings for all books on that contract to the total advance granted; in other words, none of the books earns out until all of the books earn out.

Separate accounting, on the other hand, specifies that each book’s earnings apply only to that book’s advance; in other words, if book one earns out, the author begins to earn royalties, even if the subsequent books on that contract have yet to earn out. Yay! Royalties!

I decided early in my career that Nelson Literary Agency would only do multi-book deals if the contract granted separate accounting. I weighed the pros and cons, and I just couldn’t see an advantage to granting joint accounting. Since my job as agent is to advocate on behalf of my authors, I’ve held firm on this issue—even if it means we can only sell one book to an editor instead of two or three.

If editors know that joint accounting isn’t available, they don’t bother asking me for it. Why am I sharing this example? Because I want to discuss what could be considered a rather nebulous concept, and my #1 criteria for what makes a good agent:

Good agents command authority naturally.

What does it mean to command authority naturally? For one thing, it means that an editor has immediate respect for the agent. They view the agent as powerful, well informed, and fair yet tough. Especially when it comes to negotiation. So if the agent has established that she won’t grant XYZ in a deal, then editors don’t bother asking for it. In other words, the agent is not a pushover as a negotiator.

There are many agents who are absolutely lovely people but who don’t command authority naturally.

Why should you, as a writer, care about this?

Because it is the essence of this biz. Publishers (who are not evil, by the way) want the most they can get out of a contract (which is often not in the author’s favor), and the agent’s job is to grant only what won’t be detrimental or disadvantageous to the author so that the author gets the fairest contract possible.

The goal is to meet in the happy middle, where both the publisher and the author feel satisfied. And it’s simple: Authors with strong contracts have more successful careers.

So if an agent commands authority naturally, editors will respect that. Editors who know an agent is a negotiating pushover will ask for as much as possible, and since the agent won’t stand tough on key issues, writers get stuck with yucky stuff in their contracts, joint accounting being just one example.

In fact, I know of agents who simply accept the first offer an editor gives without any negotiation whatsoever. Yikes!

Agents who command authority naturally get their projects read more quickly.

Agents who command authority naturally get higher advances and better royalites for their authors’ work.

Agents who command authority naturally are granted more compromises during negotiation, making sure contracts are advantageous for the author.

Agents who command authority naturally get more leverage when dealing with conflict (for instance, over a cover image or something else in the author’s career).

By the way, this doesn’t mean that the agent will always get her way. But it does mean that the editor respects, values, and weighs seriously the agent’s opinion. And sometimes that translates into swaying the editor on the issue.

Agents who command authority naturally are just better at the job of agenting. And in my mind, if the agent is better at agenting, the author is going to have a stronger, more successful career.

And since authors want to make a living writing, this becomes pretty important indeed!

 

Karen:

One of my favorite panels regularly offered at my Backspace Writers Conferences was one in which I invited an agent I respected to bring in an editor they’d worked with to discuss the process of selling and bringing out a book. Sometimes called “Agents and Editors, Working Together,” sometimes “The Business of Selling the Book,” these discussions were far more interesting than their titles. I loved how they pulled back the curtain on an aspect of the publishing business that authors generally don’t get to see: the relationship between agents and editors.

The conversations were always casual, engaging, and honest. It was easy to see that the agent and editor respected each other and enjoyed working together—even though they acknowledged their jobs often put them on opposite sides of the fence.

I thought about these panel discussions after I read Kristin’s article about how a good agent needs to command authority naturally. In one discussion, the editor lamented how hard it was to know if the agent pitching a manuscript was telling the truth.

Agents lie to editors? I remember thinking. Apparently, some do. Editors know it, and it makes their jobs harder. As an example, the editor said an agent might tell her they have “interest” in a manuscript. Normally this means another editor wants to acquire the book. But “interest” could mean as little as the agent and editor had waved to each other in the hallway. The editor was exaggerating for effect, but the truth beneath her comment was clear.

“I will never, ever lie to an editor,” the agent broke in. “I’m a salesperson, so naturally I’m going to portray the book in the best possible light. But I will never say anything that’s factually untrue.”

“I know that,” the editor replied. “And I trust you. Personal relationships are super important to figuring out what’s actually going on [in negotiations].”

Or as Kristin puts it: “For an agent to command authority naturally means that an editor has immediate respect for the agent. They view the agent as powerful, well informed, fair, yet tough.”

Kristin also says: “Agents who command authority naturally get their projects read more quickly.”

In the same panel discussion, the agent told the audience that if he thinks a book will generate interest from multiple publishers, he likes to send the book to editors on a Thursday. Why Thursday? So the editors can read the manuscript that night, get their colleagues on board the next day so they in turn can read the book over the weekend, and the following week the agent can hopefully set up an auction.

“We hate when agents do that!” the editor said. Dropping everything she had planned and reading is the last thing she wants to do at the end of a busy week. But because she respects the agent, she trusts that when he says the manuscript is hot, it really is, and he’s not lying in order to get the project read quickly. So she reads the manuscript right away.

“Agents who command authority naturally are just better at the job of agenting,” Kristin says.

At another of my Backspace conferences, when I met the editor the agent brought in for this panel and told her who my agent was, she said, “You have a good agent. He’s tough.”

I found out later that my agent and this editor are friends. Yet their friendship doesn’t preclude my agent being a tough negotiator when the situation calls for it. More important, this editor respects my agent because he is.

———

Karen Dionne is an internationally published thriller author, co-founder of the writers discussion forum Backspace, and organizer of the Salt Cay Writers Retreat and the online Backspace Writers Conference. She is represented by Jeff Kleinman of Folio Literary Management.

Kristin Nelson established Nelson Literary Agency in 2002. She has represented over thirty New York Times bestselling titles and many USA Today bestsellers.

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