The Thinking Writer

R.D. from Texas asks:

A producer told me (at the Austin Film Festival) that if I can’t get an agent, I should get a lawyer, so I won’t be an unsolicited writer. I have found some verification for this, but I’m not exactly sure how it works.

Do I still represent myself, or does the lawyer do it?

What are some guidelines for narrowing down the very long list of attorneys?

All of my work has placed in contests, and I have done a lot of work on it since then. I would like to approach producers without the routine snub (assuming that loglines, synopses, etc. are up to high standards).

So how does the “lawyer” thing work? — Thanks!

There are a number of myths floated by Hollywood insiders in order to stem the overwhelming deluge of unqualified (i.e. crappy) scripts. One is that producers do not accept unsolicited scripts because they fear potential liability. The other is that producers do accept unsolicited scripts from lawyers. The truth is, liability has nothing to do with it and producers do not accept unsolicited material from lawyers any more than from anyone else. Most producers only accept material based upon some indicia that considering it is worth there time.

Here’s how lawyers sometimes fit in. There are some lawyers in the entertainment field who build contacts and reputation just the way agents do. These lawyers can send scripts to companies because the companies know they will not ordinarily send crap. Even they do not send the material unsolicited. Rather, they attorney picks up the telephone and make a call to a development executive he or she knows. The attorney discusses your material and, if requested, sends it over. This is no different than what an agent does. Like an agent, this kind of submission is based upon personal relationships. By virtue of the attorney’s reputation, he or she has contacts in the industry. The trick for the writer is finding one of these lawyers as opposed to the many lawyers who are willing to “submit” your script, but still never get it read. Just having any attorney send an unsolicited script is essentially no more likely to get it read than sending it in yourself.

Because you have won some contests, some attorneys who do submit material may be willing to speak with you. Some of them tend to be a little more accessible than most agents. You will need to query them just as you would an agent. Or, better yet, get a referral. If you have the email of the producer you met in Austin, ask him for the names of some lawyers you should speak to. See if he will actually refer you. (It is much easier for a producer to refer a writer than to actually read a script.) Even if he will not, when you approach the lawyer, use the producer’s name as the basis for your contact.

Here’s where to be careful: you should not pay a lawyer to send in your script any more than you should pay an agent. Lawyers that actually do submit scripts charge in the same way agents do - that is, only if the script sells. The going rate is the same as an agent’s rate - 10%, although some attorneys charge more because they are acting as agent and lawyer for the writer. You should be careful to select a lawyer in the same way you would be careful to select an agent. (Producers do not accept scripts from unknown agents, either.)

The only exception to all of the above is in the occasional circumstance where a producer actually requests your material. The “liability” myth is so often repeated that even some producers believe it and, even when they agree to see your material (which happens because of some other connection - a recommendation from a film professor, a mutual acquaintance, a chance meeting at a film festival, etc.), they want a lawyer to submit it if you don’t have an agent. In that occasional circumstance, you can have any attorney that regularly represents writers send it in, even if the attorney is not known for submitting material.

Enough. Now go write….

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Can you tell me exactly what a good development deal for a script should entail?

Cheers

Miranda From Australia

The most common script development deal in Hollywood is called the writer’s step deal. In this kind of deal, you (the writer) are promised a certain sum per step. The steps are usually (1) treatment, (2) first draft, (3) revision draft, and (4) polish. Ordinarily, the producer has the option of stopping at any step. The producer owns the material it has paid for and can continue with the project hiring other writers. The WGA has a short form agreement which sets out the terms of this kind of deal. If the writer is a guild member or the producer is a Writers Guild signatory, the writer is paid at least guild minimums. You can download the WGA 2004 schedule of minimums here.

A good deal is to have as many guaranteed steps as possible for as much above guild minimum as possible.

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I am publishing this entire question from Jack of Oklahoma despite its length because his experience is unique only in his perseverance, not in the difficulty he is having getting a break.

Hi. This is a combination question/remark/plea. I have been writing since the 1980s and have had my share of agents representing me. As of now, I have given up. I have written 30+ original screenplays and 6 (completed) novels. I need help. Lately, I have been posting my scripts on InkTip.com. They are legit, because I’ve seen and read about the results they are receiving. To attempt to make a long story short, is there anyone out there who can lead me to a site that can help me in gaining “real” representation for my scripts? Two years ago, I had two of my scripts pushed all the way to the top of Hallmark Hall of Fame and HBO, by my then-agent, only to be shot down from the top after the scripts being okayed by everyone between here and the words ‘the check is in the mail’ being spoken. Anyway, I have, in the past year, on my own, since my agent and I parted ways, been asked to write a script for an Indie Co. They found me on InkTip.com, liked what I had posted (the entire script) and then asked me to sign a contract to write a script using one of their ideas. I did so, and now I am waiting for word…any word, from them. So, still trying to make a long story short here, I am desperate, to say the least, in my search for a reputable agency to represent me. I used to have those thoughts running in my head, like I’m a hack, and can’t write my name, etc., but now that I know people like HBO and Hallmark, and Indie Co’s., believe my writing doesn’t suck wind, I know now I can send out my original scripts and not be embarrassed by them. So, to end, can someone give me any ideas as where to go to find reputable representation? What to do?I read the previous page from this site and looked over the “paying agents” article. Believe me, I’ve been there…and just recently, paid $79 for a critique of one of my novels, and being asked for another $79 for each and every critique rendered…(I know, I’m stupid for doing this, but desperation doesn’t exactly bring out the best in me)..and these are the same scripts and novels I already have had edited by reputable outfits. So, if this letter is answered, thank you, because I believe I have what it takes to make it, going by what little track record I have, but I need help getting to a WGAw signatory agent. I don’t mind paying for copies of my scripts to be sent out, it is just I don’t like paying for something I am not getting, as in deeper in debt. I can’t afford to be paying for critiques by someone who won’t do anything with it after the job is done…I have two daughters, a wife, a dog, and a bird to feed…besides trying to write while working two jobs. So, if there is anyone out there who can point me in a somewhat right direction, I would truly be grateful. Thank you.

I can’t refer you to an agent, Jack, but I can tell you that many, many writers get their first breaks without an agent. You obviously have a great deal of experience and probably have at least a reasonable personality if you’ve gotten as far as you have. You may want to change tactics and take to the phones yourself to contact producers directly. It will take regular efforts and many, many rejections, but when isn’t that the case in entertainment. A good place to start would be to call the people who liked your writing in the past - the folks at HBO, Hallmark, etc. Writing careers are all about making fans in the industry and you have already made some. Capitalize on it. When you call, pay attention to sounding professional, not desperate. Remember, you are talking your way through receptionists who get yelled at if they waste their boss’s time. Know what you want to say and be ready to pitch your ideas. No matter what you do, do not let lack of an agent stop you.

If anyone out there has any concrete suggestions for Jack, now’s the time to speak up.

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The Artful Writer has a magnificent post about writing under pressure. The image to the right is a link to that post.

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For anyone feeling rejected, Nikki Finke posts this terrific essay (originally published in the Village Voice) from screenwriter Josh Olson (”A History Of Violence”). Don’t just read the essay; look at the comments, too. Some important viewpoints.

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