Can I fire my agent/agency?

[sandtonian]

I was placed in this role by an agent about three months ago. I've worked with this particular agent and agency in the past and wasn't too happy with either of them but they were the agency that got me this position so I couldn't argue. Now, after three months, I'm pretty fed up with the incompetence of the agent. Am I allowed to fire my agent? How does this relationship work?

[TheFaQQer]

Am I allowed to fire my agent?

Possibly, but unlikely - what does the contract say?

How does this relationship work?

It's a business to business relationship governed by the contract that you signed (as a representative of your company) and the agent signed (as a representative of theirs). It's then governed by the prevailing law, either that specified in the contract, or the law governing the state in which the contract was signed. Typically, this will be the law of England and Wales, but it depends on where your company and the agency are based. This is why it is usually specified in the contract which law should take precedence in the event of any dispute.

Further to this, there is the contract between the client and the agency which you may need to consider. If the contract between the client and agency indicates whether they can use a different arrangement to engage your company, and the contract termination clauses in your contract allow it, and there is nothing in the contract between your company and the agency which prohibits you from changing the way in which you are engaged to the client, then you may be able to terminate the arrangement between your company and the agency and find a different method of engaging with the client.

Finally, if you don't understand what a contract is, what your company has agreed to do, how to terminate a contract, or even what kind of relationship exists between you, your company, the agent and the agency, do you really think you are cut out for contracting?

IANAL.

[cojak]

Possibly, but unlikely - what does the contract say?



It's a business to business relationship governed by the contract that you signed (as a representative of your company) and the agent signed (as a representative of theirs). It's then governed by the prevailing law, either that specified in the contract, or the law governing the state in which the contract was signed. Typically, this will be the law of England and Wales, but it depends on where your company and the agency are based. This is why it is usually specified in the contract which law should take precedence in the event of any dispute.

Further to this, there is the contract between the client and the agency which you may need to consider. If the contract between the client and agency indicates whether they can use a different arrangement to engage your company, and the contract termination clauses in your contract allow it, and there is nothing in the contract between your company and the agency which prohibits you from changing the way in which you are engaged to the client, then you may be able to terminate the arrangement between your company and the agency and find a different method of engaging with the client.

Finally, if you don't understand what a contract is, what your company has agreed to do, how to terminate a contract, or even what kind of relationship exists between you, your company, the agent and the agency, do you really think you are cut out for contracting?

IANAL.

Ouch.

Harsh but fair...

The 1st contract is between the client and the agent, your contract is between you and the agent - not between you and the client with the agent as the annoying add-on.

Speak to the client to voice your concerns, they may have another agent on their list to which you can swap.

This is an unlikely scenario however.

In reality the best you can do in this situation is not to accept an extension and tell the client why you've made that decision....

[Svalbaard]

I was placed in this role by an agent about three months ago. I've worked with this particular agent and agency in the past and wasn't too happy with either of them but they were the agency that got me this position so I couldn't argue. Now, after three months, I'm pretty fed up with the incompetence of the agent. Am I allowed to fire my agent? How does this relationship work?

If you did need to go to court over this, and depending on what type of claim you were pursuing then my advice straight off the bat would be for you to fully document these issues including showing how they are detrimental to your business, and evidencing that you have formally engaged your agent with these issues and that you have given them adequate time to address them or formulate an adequate response.

Obviously, it goes without saying that you will need to consult legal advice before you take it any further than that.

[pzz76077]

I was placed in this role by an agent about three months ago. I've worked with this particular agent and agency in the past and wasn't too happy with either of them but they were the agency that got me this position so I couldn't argue. Now, after three months, I'm pretty fed up with the incompetence of the agent. Am I allowed to fire my agent? How does this relationship work?

Have they breached the terms of the contract in any material way??

If yes you have some grounds to walk, if not knuckle down as there aint much you can do apart from try to get them to do their job properly.

I dont recall an agent ever winning a Noble prize for anything and generally they are not a very smart bunch or particularly good at their jobs in my experience.

Also bear in mind if you did jump ship to another agency, there is no guarantee that they would be any better than the shower you are signed up with now.


PZZ

[MaryPoppins]

Also bear in mind if you did jump ship to another agency, there is no guarantee that they would be any better than the shower you are signed up with now.


PZZ

This is probably the most salient point