I think I might have an agent as well (but not sure)

[Anonymous Writer One]

I received a call this morning from an agent based in LA. I live up north in Seattle, and have been querying agents for several months now.

An agent who read three of my scripts, called me this morning and told me she'd like to take on the three projects: she's going to give me notes on all three, and would like to have them ready by the fall when spec season arrives.

That's great and all, but a couple things worry me. First, the agent never called me down to LA for a meeting. We have only exchanged emails and phone calls over the last few months.

Furthermore, the agent never mentioned anything about a contract to sign. I always thought signing with an agent as a client meant just that -- signing a written contract. And I definitely thought a face to face meeting could take place prior to that -- to feel one another out.

Being hip-pocketed is fine, if that's where I'm at right now. Just wondering what process writers with agents and managers took once representation was agreed upon.

I DO, however, feel that this particular agent is very strict about who she takes on -- it took me three scripts for her to say yes. So that makes me feel that she's just not taking on anyone. But still.

Do I have an agent? Or just hip-pocketed?

[OkeyDokey]

Ask her!

[Hamboogul]

If the person knows you are from Seattle, she probably knows how inconvenient it would be for you to fly down.

Not all agents have written contracts with their clients. If you have a good working relationship with this agent, you don't need a contract. If you have a terrible relationship, no wording on the contract will make that person work any harder for you.

[JSomm]

I've read about A-list writers (in the book 101 Habits of Successful Screenwriters) who don't have a signed contract...so that may not be a big deal....

[diehardatthegetty]

know a guy who lives in LA and was signed with a big 3 without ever meeting the agent in person.

[Writing In The Margins]

I didn't get the memo. When did the Big 5 become the Big 3? Which one of these agencies is not included in the Big 3: CAA, UTA, ICM, WMA, or Endeavor?

[billythrilly7]

Endeavor and UTA

[DevoGrrl]

Half of the agents don't have contracts. Face to face meeting is not a must, especially since you're outof town

[Anonymous Writer One]

Thanks for clearing up some of my erroneous assumptions. This is completely new to me, so I still have much to learn regarding the entire process.

[alethinos59]

I have an agent with a well established agency and we've never signed anything. Had a manager in which we did sign a contract. We parted company and now I have another manager from a up and coming company and we've never signed a thing. Have never seen any of them.

So it happens. If it is a legit agency there's really nothing to fear. Trust me - if they make a sale you'll be signing your butt off in a hurry.

[Winter in New York]

Sounds to me like they are offering to hip - pocket you.

Which is fine. Any form of representation in town is better than no representation in town.

However I would find out a lot more about them before agreeing to 'take notes'.

Winter in New York

[freebaser14]

You can't assume anything. How do you know its hippocketing? It doesn't like anything yet because you don't know the specifics. Like Okey mentioned, you need to ask.

I live in Manhattan. My management is in L.A. I never signed a contract. All they said was "we get 10% percent if you sell." And I didn't meet them until after my script went out - 14 months later. I only met them because I came into town for meetings.

Honestly, I think no contract is better. The door is always open if things don't work out. I'd make sure this person has a solid track record and in terms of a long distance business relationships, I'd really make sure you find a system where you are comfortable receiving notes. There is no cadence in email and sometimes advice comes across the wrong way.

[KidCharlemagne108]

Anonymous,

Read Bernie Brillstein's book - he never signed a contract with a client and he had some BIG clients. If they wanted to walk he would let them go, well at least that's what he says in the book :-)

Good luck with the agent

KC

[Minibrain]

Lots of agents don't have clients sign contracts.

Not having a contract is a GOOD THING for the writer. It's easier for you to move on to another agent if you need to when there's no contract.

There's nothing more frustrating than having a bad agent clinging onto you via a contract, when you could be moving on and getting much better representation. You can still get out of that relationship, but it takes harder negotiation than if you didn't have a contract.

However, there's no real upside to contracts from the writers point of view. They don't make an agent work hard, or well, for you.

(Managers, however, often have clients sign contracts.)

Anyway, under the WGA's terms, if an agent doesn't get you work, after three months (I think it's 90 days, but it might be 60 -- I don't know for sure and to heck if I'm going to look it up now...), you aren't bound to them anymore.

You can stay with them if you want --- and new writers often won't be getting work within that time frame -- but you don't have to.

And if the agent isn't a WGA signatory, you shouldn't be working with them anyway.

[alethinos59]

Also, in the State of California, between agent and (potential) client a verbal contract is binding. Which only make sense - they sell it - you bet they're gonna get their 10%! However, if you have an agent say, who isn't doing a damn thing and a manager who sells something for ya - well, perhaps parting company with the deadwood before the sale is best - otherwise it will be another 10% to him or her for having done not one damn thing.

[filmcarver]

Your questions are certainly good ones, and so are the answers given.

Given the same situation, I would give them a call and tell them I had been looking to take a short trip to L.A. anyway, and how about setting up some time to go over the notes together?

The response will pretty much tell you where to go next. If it's legit (it sounds so) they will be glad to meet with you and get a feel for how you are to work with.

As far as cost, it is a necessary and worthy investment that you can deduct on your taxes.