What Happens If Your Literary Agent Leaves the Agency?

Do you automatically lose representation if your agent leaves your agency? Not necessarily. Another agent at the firm might take over—and may already know your work, understand its submission history, and be genuinely enthusiastic about representing you. Or you might be able to follow your agent, divide different responsibilities between the old and new agencies, or leave both and seek new representation.

Your agent may leave, but everything connected to the relationship doesn’t automatically leave.

Quick Summary

Your representation doesn’t necessarily end when your agent leaves. Your agreement may be with the agency, which may offer another qualified agent. Before deciding whether to stay, follow, or leave both, clarify who will handle your unsold projects, active submissions, existing contracts, payments, subsidiary rights, and records.

An agent’s departure creates a transition—not necessarily the loss of representation.

Key Takeaways

• Your agreement may be with the agency rather than the individual agent.
• Another agent at the firm may be eager and qualified to take over.
• You may be able to follow the departing agent, depending on the agreements involved.
• Active publisher submissions need clearly assigned representation.
• Existing deals may remain with the agency that negotiated them.
• The former agency may continue receiving commissions on deals it produced.
• You should receive a complete publisher-submission history.
• Unsold rights should be assigned or released clearly.
• Every project, contract, payment, and right needs an accountable person.

The transition is complete only when you know who represents each project, manages each deal, receives each payment, and has authority to act next.

Table of Contents

1. What Happens When Your Agent Leaves?
2. Why the Agency Agreement Matters
3. Four Parts of the Transition
4. The Main Possible Outcomes
5. Should You Stay With the Agency or Follow the Agent?
6. What Happens to Active Publisher Submissions?
7. What Happens to Existing Deals and Commissions?
8. Who Controls the Manuscript, Rights, and Records?
9. What to Do After Learning the News
10. When to Get Legal Help
11. Final Thoughts
12. Frequently Asked Questions

How I Think About Literary Agent Leaving

During my approximately 30 years in publishing—including my experience as a literary agent, literary-agency owner, and publishing executive—I’ve seen how personal an author-agent relationship can become. When the agent leaves, the writer may understandably feel abandoned or suddenly unrepresented.

But the agency might have:

• Another agent with relevant expertise
• Someone already familiar with the manuscript
• A colleague who understands the publisher submissions
• An agent with stronger category experience
• Someone with more capacity or fresh enthusiasm
• Contracts, rights, and accounting staff who can preserve continuity

A replacement agent shouldn’t automatically be viewed as a consolation prize. The change might ultimately strengthen the author’s representation. That said, reassignment shouldn’t be purely administrative, ideally. The author and replacement agent should both want the relationship.

Don’t assume no one else at the agency will want to represent you. But make sure the proposed agent feels genuine enthusiasm—not merely institutional obligation.

1. What Happens When Your Agent Leaves?

The answer depends on:

• Your agency agreement
• Whether it’s with the agent, the agency, or both
• The agent’s departure arrangement
• Whether projects are on submission
• Whether publishing contracts already exist
• Which rights remain unsold
• What you, the agency, and the departing agent want

Possible outcomes include:

• Another agent at the agency takes over.
• You follow the agent to another firm.
• The old agency handles existing deals while another agent handles new work.
• Different projects or rights are divided between representatives.
• You leave both and seek new representation.

Don’t assume. Ask for the proposed arrangement in writing.

2. Why the Agency Agreement Matters

Many representation agreements are made with the agency rather than the individual agent. In that situation, the agency might have the contractual right to continue representing you and assign another agent.

Review sections involving:

• Assignment or reassignment
• Termination and notice
• Covered projects
• Exclusivity
• Active submissions
• Existing contracts
• Post-termination commissions
• Unsold rights

The Authors Guild advises writers to examine agency-agreement language carefully because the personal relationship may be with one agent while the legal relationship is with the firm. Here you can see its guide to agency agreements.

Your personal relationship might be with the agent, but your contractual relationship is probably with the agency.

3. Four Parts of the Transition

Four areas might need to be taken care of separately.

Future Representation

Who will represent:

• Your current unsold manuscript
• Your next book
• Future projects
• Work in other genres or categories

Active Publisher Submissions

Who has authority to:

• Communicate with editors
• Send revisions
• Follow up
• Negotiate interest
• Withdraw the manuscript

Existing Deals and Commissions

Who will:

• Receive publisher payments
• Deduct commissions
• Send your share
• Review royalty statements
• Handle contract amendments
• Monitor rights reversion

Records and Information

Who will provide:

• Publisher-submission lists
• Editor responses
• Executed contracts
• Royalty statements
• Payment records
• Rights information
• Pending-negotiation details

Make sure you collect every bit of information needed to protect your work, money, rights, and remaining opportunities.

4. The Main Possible Outcomes

Another Agent at the Agency Takes Over

This can provide the greatest continuity.

The agency might continue handling:

• Active submissions
• Existing contracts
• Payments and accounting
• Foreign and subsidiary rights
• Publisher relationships
• Future projects

Ask the proposed agent about their enthusiasm, category experience, editorial vision, workload, communication style, and next steps.

Ask whether the replacement agent wants the relationship—not merely whether the agency transferred the file.

You Follow the Departing Agent

This might make sense when:

• You trust the agent.
• You share an editorial vision.
• The working relationship has been productive.
• The new agency is reputable.
• The agent is permitted to take you.
• The transition won’t create overlapping authority.

You might need a written release, proper termination of the old agreement, and a new agency agreement.

The Old Agency Handles Existing Deals, While Another Agent Handles New Work

This hybrid arrangement can occur when:

• The former agency continues administering contracts it negotiated.
• Payments continue flowing through that agency.
• A different agent handles unsold or future work.
• Certain subsidiary rights remain with the old firm.

Every division should be documented clearly.

You Leave Both

You might decide neither option is right.

Then obtain:

• Written termination or release
• The complete submission history
• Clarification of active publisher interest
• Details of continuing commission claims
• Confirmation that unsold rights are available
• Copies of contracts and accounting records

A disrupted relationship can be stressful, but it can also create an opportunity to build a stronger one.

5. Should You Stay With the Agency or Follow the Agent?

Evaluate both opportunities as though you were considering representation for the first time.

Reasons to Stay

• A strong replacement agent
• Continuity with editors and publishers
• Familiarity with the manuscript
• Established contract and rights departments
• Reliable accounting
• Minimal disruption to active submissions
• Confidence in the agency as an institution

Reasons to Follow

• Strong trust
• Shared editorial instincts
• Productive communication
• Deep knowledge of your career
• Relevant editor relationships
• Confidence in the agent’s new firm

Compare:

• Enthusiasm
• Experience
• Workload
• Editorial vision
• Publisher access
• Communication
• Agency infrastructure
• Contract terms
• Future-project fit

Loyalty matters, but loyalty alone isn’t enough. At least it shouldn’t be.

6. What Happens to Active Publisher Submissions?

Don’t assume the manuscript will automaticall follows the departing agent or remain with the agency.

Request a dated submission list containing:

• Editor
• Publisher
• Imprint
• Date submitted
• Material and version sent
• Current status
• Responses
• Follow-up history
• Active negotiations
• Any exclusivity

Then clarify:

• Will the submissions remain active?
• Who will contact each editor?
• Who can negotiate an offer?
• Will anything be withdrawn?
• May a new representative contact those editors?
• Who receives commission if a deal results?
• How long may the former agency claim commission?

The Authors Guild recommends that authors receive a complete record of publishers and other parties who received the manuscript, especially when later commission claims may depend on that history.

A manuscript shouldn’t remain on submission while editors are unsure who has authority to represent it.

7. What Happens to Existing Deals and Commissions?

An agent leaving usually doesn’t eliminate commission rights connected to completed publishing deals.

The agency that produced the deal may continue:

• Receiving publisher payments
• Deducting commissions
• Sending the author’s balance
• Providing royalty statements
• Administering the contract

You need to know who will:

• Review royalty statements
• Answer publisher questions
• Handle amendments
• Monitor rights reversion
• Manage additional-book offers
• Represent unsold subsidiary rights

The former agency might remain entitled to commission from deals it produced without remaining entitled to represent every future use of the work.

Watch for Overlapping Commissions

A conflict can arise when:

• The old agency submitted the manuscript.
• A new agent later negotiates the deal.
• Both agreements claim commission.
• The responsibilities weren’t divided clearly.

Resolve this before a new representative continues or reopens negotiations.

8. Who Controls the Manuscript, Rights, and Records?

The Manuscript

The author doesn’t lose ownership of the manuscript because the agent leaves. The agency might have had exclusive authority to represent certain rights, but the copyright remains the author’s unless rights were granted through another agreement.

Unsold Rights

When representation ends properly, unsold rights should be assigned clearly or released rather than controlled indefinitely.

These may include:

• Translation rights
• Audio rights
• Film and television rights
• Stage rights
• Merchandising rights
• Rights in future books

Agency Records

The agency may retain internal notes, databases, correspondence, and evaluations. However, you should receive the factual information needed to manage the work, including:

• Submission history
• Active-negotiation status
• Executed contracts
• Royalty statements
• Payment accounting
• Rights records
• Outstanding obligations

You might not need every private internal comment. You should, however, have every fact necessary to prevent duplicate, disrupted, or unauthorized submissions.

9. What to Do After Learning the News

1. Get the basic facts in writing. Confirm the departure date, destination, urgent contact, and proposed representation plan.
2. Review the agency agreement. Focus on assignment, termination, commissions, submissions, and unsold rights.
3. Don’t decide emotionally. Gather the facts before choosing sides.
4. Request a transition summary. Ask for projects, submissions, contracts, negotiations, payments, rights, and deadlines.
5. Speak with the proposed replacement. Treat it as a new representation decision.
6. Speak with the departing agent. Learn what they’re proposing and whether the transfer is permitted.
7. Compare the options. Evaluate enthusiasm, fit, expertise, workload, communication, and infrastructure.
8. Confirm the decision in writing. Document who represents each project and handles each responsibility.

1o. When to Get Legal Help

Consider consulting a publishing attorney when:

• The agency and departing agent claim the same project.
• The agency refuses to release unsold rights.
• Active submissions are disputed.
• Two commissions may apply.
• The agreement is unclear.
• Payments or royalty statements are missing.
• A significant publisher offer is pending.
• The departure is contentious.
• Important subsidiary rights are involved.
• You’re asked to sign a release, amendment, or new agreement you don’t understand.

This article provides general publishing information, not legal advice.

11. Final Thoughts

Your literary agent leaving their agency can be unsettling. But don’t assume you’ve automatically lost representation—or that no one else at the agency will want to work with you.

Another agent might:

• Already know your book
• Understand the active submissions
• Have strong category expertise
• Bring fresh enthusiasm
• Offer more availability
• Become an excellent long-term partner

You might also be able to follow the departing agent or use the transition to find someone better suited to your current work. The key is to separate future representation, active submissions, existing deals, commissions, unsold rights, records, and payments—then assign each one clearly.

Don’t assume another agent at the firm won’t want to take over. One very well might—and the change may ultimately strengthen your representation.

Get 1-on-1 Help to Secure a Literary Agent, or to Navigate an Agent or Agency Transition

Do you want to get a literary agent, or do you need help to navigate a literary agent transition? The goal isn’t simply to preserve representation at any cost. At least it shouldn’t be. It should be to create the clearest, strongest arrangement for your current projects and future career.

Explore 1-on-1 author coaching and consulting.

See/hear reviews from authors I’ve helped.

About

This article, “From Book Idea to Querying Literary Agents—Steps and Timeline,” was written by a former literary agent turned author coach. Mark Malatesta is the creator of The Directory of Book Agents, host of Ask a Publishing Agent, and founder of Literary Agent Undercover and The Bestselling Author.

Mark has helped hundreds of authors get offers from literary agents and/or traditional publishers. Writers of all Book Genres have used our Book Agent Advice coaching/consulting to get Top Literary Agents at the Best Literary Agencies on our List of Literary Agents.

The Bestselling Author, LLC

Established in 2011, The Bestselling Author has helped 400+ authors get literary agents and/or traditional publishers. Writers who’ve worked with Literary Agent Undercover, a division of The Bestselling Author, have gotten six-figure book deals; been on the New York Times bestseller list; had their books adapted for TV, stage, and feature film; had their work licensed in 40+ countries; and sold many millions of books.

Notable authors include Nelson Johnson, author of Boardwalk Empire, which Martin Scorsese produced for HBO; Leslie Lehr, author of A Boob’s Life, which is currently being adapted for an HBO Max TV series by Salma Hayek; and Scott LeRette, author of The Unbreakable Boy, which was published by Thomas Nelson and is now a major motion picture by Lionsgate starring Patricia Heaton, Zachary Levi, and Amy Acker.

The founder of The Bestselling Author, Mark Malatesta, is a former literary agent, literary agency owner, AAR member, and Marketing & Licensing Manager for the gift and book publisher Blue Mountain Arts. He is now an author coach and consultant. Click here to see Mark Malatesta reviews.

About the Author

The founder of The Bestselling Author, Mark Malatesta, is a former literary agent, literary agency owner, AAR member, and Marketing & Licensing Manager for the gift and book publisher Blue Mountain Arts. Mark is now a highly regarded author coach and consultant, dedicated to helping writers obtain literary agents. Drawing on decades of industry experience, he works with writers across genres, offering personalized coaching to navigate the complexities of the publishing world.

Through The Bestselling Author, Mark provides practical tools, industry insights, and motivational support tailored to each writer’s needs to help them do so. In addition to coaching, Mark shares his expertise through speaking engagements and online resources. His dedication to empowering authors has made him a trusted mentor in the writing community, earning him a reputation as a knowledgeable and approachable guide for writers pursuing their dreams. Click here for Mark Malatesta reviews.