Elaine P. English
Attorney & Literary Agent

4710 41st Street, NW, Suite D
Washington, DC 20016

Phone: 202-362-5190
Fax: 202-362-5192
ElaineEngl@aol.com

Articles | Tips to Getting Published

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Answers to Some Everyday Questions

The Top Twenty DON'TS for Submission


Answers to Some Everyday Questions

How do I know whether I need an attorney or an agent?

If you’ve written a novel that you think has potential for a commercial market and you hope to sell it to a trade publisher, you need an agent to represent you. Most editors at trade publishers will not accept submissions directly from authors, except for those from conferences and contests, so you’ll need an agent to get your manuscript reviewed. An agent can also help you editorially to polish your novel to maximize its marketability. An agent’s knowledge of the market can also help you to target just the right publisher for your project. An attorney, on the other hand, can step in and handle negotiations with a publisher who has already seen and is interested in your manuscript. An attorney can review any publishing contract that you may be offered and suggest changes to better protect your interests. A publishing attorney can also help review a contract from an agent or with a collaborator or editor and can advise you on permissions or other pre-publication issues, but an attorney generally doesn’t get involved in editorial or marketing issues.

How do I go about finding an attorney or agent?

With both attorneys and agents, it’s important to find someone who’s knowledgeable about the issues where you need assistance. If you need help in negotiating with a publisher or reviewing a publishing contract, it’s important to find an attorney who has experience in reviewing these types of agreements. Publishing contracts contain terms that are unique to the industry and it is imperative to find an attorney who knows what is standard in order to help you evaluate the precise terms that have been offered. Similarly, it’s important to find an agent who handles projects of the kind you have written. They will be most helpful both in evaluating your work and in identifying those editors most likely to be interested in seeing it. Your local bar association or local writers’ groups should be consulted for referrals for both publishing attorneys and agents. Also, for agents, there are a number of directories, like Literary Marketplace and Writer’s Guide to Editors, Publishers, and Literary Agents, that provide information about not only about the agencies but also about the kinds of projects they handle.

What can I expect in terms on costs?

Attorneys generally bill for their services based upon the amount of time that is spent on a matter. Some may charge a flat fee based upon the customary amount of time needed to handle a particular matter (e.g., reviewing a contract) or others will simply bill for time spent. Inquire in advance about hourly rates and watch out for minimum billing periods. Billing by the tenths of an hour are best because they are closest to actual time. Agents, on the other hand, get paid only from the proceeds of the sales they handle. Typically, agents receive a commission of fifteen percent of the proceeds an author receives from a publisher. If the agent retains subsidiary rights and sells those separately, the agent may receive twenty or twenty-five percent of that income, since they typically share these commissions with sub-agents. Beware of agents who charge reading and/or editorial fees. Such fees violate the canon of ethics of the Association of Authors’ Representatives.

Is it necessary to have an agent in New York?

No. Reputable agents who provide superb services to their authors are located all across the country and overseas. Particularly in today’s marketplace, contacts are often made via telephone and email, rather than in-person meetings. It is important to find an agent experienced with your type of project and familiar with that market. But most importantly, you want to find an agent who loves your project and sees its potential in very much the same way that you do and is willing to give his/her all to sell it.

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The Top Twenty DON'TS for Submission

20. Seal your package so completely with tape that it is impossible to open.

19. Include knick-knacks (other than chocolate !) that fall out as soon as the package is opened.

18. Include talcum, cigarette ash or other unidentifiable white powder in your envelope.

17. Include photographs of yourself and/or your children.

16. Perfume your submission materials with anything (cigarette smoke counts here, too).

15. Have your friend, secretary, or mother write the cover letter, telling how wonderful you are.

14. Describe all your family, including pets, in your cover letter.

13. Address your letter to another agent.

12. Open your letter with an ethnic (or other) joke.

11. Demand a response within say, ten days.

10. Type your manusript is some Afancy@ font.

(anything other than Courier, New Times Roman or Bookman Old Style is considered Afancy@)

9. Single space your manscript so it will appear shorter.

8. Query the agent with all 26 of your manuscripts at the same time.

7. Ask the agent to read your query or manuscript by checking out a website.

6. Put down other authors in your genre or other agents who have rejected your work.

5. Misrepresent your prior publishing experience.

4. Query an agent with your project when that agent has publicly stated she doesn't represent such projects.

3. Send a full manuscript when only a partial was requested.

2. Provide a detailed, multi-page outline of each scene when a synopsis was requested.

1. Neglect to include your name and address with your submission.

*While this list may be somewhat “tongue-in-cheek,” it will hopefully give you a chuckle, but there are some important lessons to be learned here.

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