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AGENTS, MANAGERS, AND ENTERTAINMENT ATTORNEYS

WHY YOU NEED AN AGENT

If you are going to work as a writer in the industry, you will need to find an agent to represent you. Besides your own personal connections, it is the primary way to get your material submitted to shows and read. As we have discussed, networks, studios, and production companies do not accept unsolicited scripts, for fear of litigation.

In addition, having an agent allows you to focus solely on the creative side of your career, while your agent handles the business side for you. Most writers I know are not top negotiators and/or business people. That kind of work takes a whole other set of skills that most creative people lack. For this reason, it’s good to have someone in your court who can handle these kinds of things and get you the very best deal possible.

WHAT AGENTS ACTUALLY DO

A good agent will be a partner in your career. He or she will work to get you work. Agents do a variety of things. First, and most importantly, they will introduce you and your work to the industry. They will attempt to get producers to meet with you and give you a chance. Agents pound the pavement for their clients on a daily basis. They meet with producers and executives over breakfast, lunch, dinner, drinks, Saturday night parties, and Sunday afternoon barbecues, constantly talking you up. Agents send out your scripts and they field offers on your behalf. They will also negotiate your deals. It is a lot of work. If you don’t make money, they don’t make money since they work on commission. This is why it is hard to get an agent when you are just starting out. From the agent’s point of view, it is very difficult to get a new writer up and running. This is because television is all about writing credits.

HOW MUCH DOES AN AGENT COST?

It doesn’t cost anything upfront for an agent. However, once you sign with an agency, your agent will take a commission of 10 percent, which is industry standard. This applies to everything you make, with the exception of residuals. So let’s say you sell an episode (story and teleplay) of The Big Bang Theory. Warner Bros. will send the payments, which eventually add up to the current WGA minimum of around 25 grand for story and teleplay to your agent. Your agent deposits the checks into a trust account. The agent’s fee is deducted and the agency sends you a check for the difference.

Normally, writers don’t mind paying agents if they feel that their agents are working hard on their behalf. It can get a little sticky though, if you feel that your agent hasn’t been giving you much time and attention, and so you go out and get the gig on your own through your own connections. It doesn’t matter how the work comes to you — whether you line it up or your agent does — as long as you are under contract with an agency, your agent is entitled to the commission.

DON’T PAY PEOPLE TO READ YOUR WORK

When looking for an agent, please note that agents do not charge you to read your work. Reading scripts is a courtesy. They are hoping that your script will be phenomenal, that they will sign you and help you build a powerhouse career from which both of you will profit. The rule is very simple: if an agent asks for money to read your script, run. There is a good chance that person is not legitimate.

REFERRALS ARE THE WAY TO GO

Funny as it may sound, most agents are like networks and studios in that they don’t take unsolicited scripts. Don’t waste your time blindly sending your scripts to different agents, thinking they will be read. They won’t.

The best and most common way to get an agent is through a referral. This means that you have a connection to another writer or someone in the industry who is in a position to recommend you to an agent. Referrals can happen in a couple of ways. First, the person who is referring you picks up the phone and sells you as a writer to the agent. This is the best way because the agent is hearing from someone already in the business how talented you are. Then you will send your scripts to the agent, who will give you a read.

The second way is that the person referring you tells you to call the agent and to use that person’s name to get you in the door. While this is less than ideal, it’s still an in. In this case, call the agent yourself. When the assistant answers, say something like, “I’m calling for Joe Petersen. He doesn’t know me, but I have been referred by Bill Olsen. I am a writer looking for representation, and Bill seems to think that Joe and I would be a good fit, so I’d like to talk him about that.” The assistant will either put you through or take your phone number. With a referral, you can almost always count on getting a call back. If, for some reason the agent doesn’t call you within a few days, don’t be afraid to call again.

WHY WRITERS CAN BE PROTECTIVE ABOUT THEIR AGENTS

You have to understand that when a writer refers you to his or her agent, it is a really big favor. Therefore, you never want to tell a writer just casually, “Hey, I’ve got a new spec script. Would you mind giving it to your agent?” You need to first ask the writer to read your script. The reason this is important is that if your script isn’t up to par and the writer gives it to the agent, the agent may second-guess the writer. It may also make it so the next time the writer wants to refer someone, the agent won’t be so quick to say “yes.”

The best thing that you can do is ask the writer to read your work. Hopefully, he or she will like it. At that point you can say something like, “I’m glad you like it, because I have worked very hard on it. I feel like I am ready to get an agent. Would there be anyone you could possibly refer me to?” That is a better way to go about it, because it doesn’t back the writer into a corner if in fact he doesn’t want to refer you to his agent. It also opens up other possibilities. Most working writers know various agents. It’s possible that they know someone who would be even better for you than their own agent.

CHOOSING AN AGENT WHO’S RIGHT FOR YOU

A lot of new writers dream of being signed by some of the bigger agencies like CAA, ICM, and WME. Being at one of these agencies may in fact not be the best move for you when you are just venturing out. More than ever, when your career is just beginning, you need an agent who is really going to invest time in getting your work out there and really pushing you as a new writer. Let’s say you go with a bigger agency that represents writers on the level of Chuck Lorre, J.J. Abrams, and Larry David. How much time do you think the agency will put in working for you vs. working for the other, more established writers? It is very easy for a new writer to get lost in the shuffle at some of these bigger agencies. The only real advantage is that if you are represented by an agency that has showrunners, your agent will be able to get your scripts into those hands for a read. Other than that, you might be better off starting at a smaller agency with an agent who has the time and enthusiasm to really get your work out there and get you up and running as a writer.

LOS ANGELES OR BAR HARBOR? DOES IT MATTER WHERE YOUR AGENT IS?

Since the TV business takes place primarily in Los Angeles, it would behoove you to get an agent in L.A. This becomes even more important if you don’t live in Southern California, although more and more if you don’t live in the Los Angeles area, agents are reluctant to sign you. If you are unable to get an agent in Los Angeles, your next best bet is New York. If you are unsuccessful in either of these cities, I do not recommend going with an agent in another state. The primary reason is that when you are starting out, you probably don’t have a ton of connections. Therefore, you need an agent with lots of contacts. If your agent is in East Osh Kosh, how much contact does that person really have with the entertainment industry? The answer is, probably not as much as an agent in Southern California. You need an agent who is out there every day, pounding the pavement for you. This can’t be done long distance. I can also tell you that when scripts come in from out-of-state agents, unless they’re from a New York agent, they simply don’t have the same clout as scripts coming from L.A.-based agents. This opinion may not be right and it may not be fair, but it definitely exists.

AGENTS WHO TAKE UNSOLICITED SCRIPTS

If you are not having any luck getting an agent, you can obtain from the Writers Guild of America a list of agents who take unsolicited scripts. While many experts suggest going this route right off the bat, I put it more in the “last resort” category. Good agents are industry insiders who have breakfast, lunch, dinner, cocktails, and attend weekend barbecues with key players in the industry who have the power to hire you. Good agents are hustlers. Their days are jam-packed trying to get their clients work. So, when I come across an agent who has time to poke through the mounds of unsolicited material that must arrive in the office each and every day, I wonder how much time that takes away from selling the clients that are already on the roster.

In fairness to agents who take unsolicited material (and God bless them), it could be that they have assistants who actually work their way through the pile. But it could also be that the agency is new, and thus looking to build a solid clientele. This, too, is a red flag for me. As a writer who is new to the industry, you probably don’t bring a lot of contacts to the table. Therefore, you would benefit from having a more established agent.

DO YOU NEED A MANAGER?

In the competitive dog-eat-dog world of writing, some writers are getting managers to work side by side with their agents. What’s the difference between a manager and an agent? First and foremost, a manager is not licenced to make deals; only an agent or entertainment attorney can do that. Managers also can take a production credit on TV show or film, whereas agents cannot. Like agents, managers use their contacts and put your work out to producers and executives to try to get you hired. Managers look out for your career long-term and try to plant seeds for the road ahead. Because managers aren’t licenced, they can pretty much charge what they want. Most will take 15 percent of what you earn. This is in addition to your agent. I used to think that you didn’t need both a manager and an agent; that to pay 25 percent off the top of what you make seemed like a lot of money. I have changed my tune. It’s so tough out there these days that I think the more people out fighting for you can only be a good thing. And, at the end of the day, you never know who it is that’s going to get you the job.

If you have not had any luck getting an agent, I’d say definitely try to get a manager. Most managers have relationships with agents, so it is quite possible that a manger could help you get signed by an agent, and the two could work quite well together for you.

ENTERTAINMENT ATTORNEYS

Entertainment attorneys are hot these days. Successful writers all have them. As with managers and agents, they can submit your work to studios. They can also negotiate deals with you. Most good entertainment attorneys are sharks…and I mean that in the nicest sense of the word because, when it comes to deal-making that’s what you want. Entertainment attorneys will go over your contracts with a fine toothcomb, look out for your interests and make sure that you are legally protected. They can be paid one of two ways. You can pay them by the hour, which can be quite expensive. Or, you can sign on with them as a client — in which case they will usually take a flat fee of 5 percent of everything you make.

QUERYING AGENTS AND MANAGERS

While most agents and managers won’t take unsolicited scripts, it is possible to get them to solicit your script by writing what is known as a query letter. This is really a marketing letter, where you introduce yourself and your work to an agent or manager and ask that person to give you a read. Generally, query letters are used more for feature film scripts than for scripts in series television. I have to be honest: I don’t have much faith in query letters. In my 25 years in the business, I only recall once ever hearing about a query letter that got someone signed.

However, if you want to give it a try, here is what a good query letter should do: entice an agent/manger to want to read your script. Therefore, you should write a paragraph that talks about your work. Don’t go into lots of detail. You just want to whet the agent’s appetite. You should also write a brief paragraph about yourself. Bring up anything you can that might be relevant, such as industry experience, awards, connections, or your college degree if you attended a school that is well-thought-of in the industry. You should then come right out and ask the agent if you can send your script. To make it easy for the agent/manager to reply, always include a self-addressed, stamped envelope with your query letter.

When writing query letters, it is important not to appear desperate and/or needy. The key is to present yourself as a professional writer with great writing samples and a seriousness of purpose about getting work in the industry.

SAMPLE QUERY LETTERS: GOOD AND BAD

Below is an example of a poorly written query letter:

Now, let’s try to rewrite it, making both the screenwriter and screenplayseem more marketable.

MAKING SURE YOU ARE READY

Perhaps the biggest mistake that new writers make is to send their work out to an agent before it is completely polished and ready to be seen. For some reason young writers seem to have the mistaken impression that agents are there to work with them like writing partners, as in “here is my script, tell me what’s wrong with it, I’ll redo it and resubmit it to you.” First off, you should never, ever submit your work to anyone — especially an agent — before it is ready. People will make judgments about you as a writer, and those judgments will stick. Agents are business partners, not writing partners. An agent will not read your script more than once. Therefore, it is crucial that it is the very best it can be before you send it out.

PATIENCE IS A VIRTUE

Getting an agent — even for writers with credits — is difficult but not impossible to do. Be prepared: it will likely take some time. It is quite possible that you will be turned down more than once before you get signed. Don’t take it personally. Writing is a business. It isn’t personal, even though sometimes it may feel that way.

Keep in mind that agents, while certainly educated in the business of scripts and screenwriting, are human beings. They aren’t always right. The first screenplay I ever wrote took me one year to complete. I was working a production job at Universal, which left me little time to write and rewrite. When I finally finished, I sent it to my agent. Here is what she had to say: “This is probably the worst thing I have ever read. If you weren’t my client, I wouldn’t have bothered to finish it.” She went on to tell me that in her opinion none of the script was salvageable, but if I was determined maybe she could recommend a script doctor that I could pay to work with me.

I wanted to cry. Instead, I thanked her for her time and her thoughts. It is important always to be professional. I did not change a word in the script. Instead I went out and shopped for a new agent. That exact same script got me signed at a better agency, placed in national competitions, opened doors to meetings with Academy Award-winning directors, and was eventually optioned at Universal.

So, hard as it may be, try to refrain from feeling devastated if and when agents reject you. The idea is to keep moving forward and to find an agent that understands you and your material … an agent that you really click with. And know that if your work is good and if you keep putting it out there, it is very likely that you will eventually find representation.

SHOULD YOU PUT YOUR SCRIPT ON WEB SITES?

There are a lot of web sites where writers can post loglines, synopses and/ or full scripts. I am not a fan of putting work up on a web site for the whole wide world to see. Of the many working writers I know, I am unaware of any who got jobs and/or agents by posting their scripts on the Internet.

Often these sites promise that producers, executives, and agents continuously troll them, looking for new material and undiscovered talent. This may or may not be true, depending on the web site. Even if agents and producers genuinely do look, after all of your hard work you open yourself up for anyone on the planet to steal your ideas. There is absolutely no way to protect yourself from this.

CHECKLIST FOR GETTING AN AGENT OR MANAGER

● Do I have at least two good scripts to show?

● Are my scripts the best they can possibly be?

● If possible, have I asked a writer to take a look at my work?

● Have I registered my work with the WGA? (See Chapter 27)