what kind of lawyer would i consult for a memoir

by Beulah O'Keefe 6 min read

Should I hire a lawyer to write my memoir?

5. Get your manuscript professionally vetted. In extreme cases, and if you really want to name names and need to make sure you'll avoid a lawsuit, hire a lawyer. I've spoken with some people who are so afraid to write their memoir for fear of what might happen that they never start. A lawyer can talk you through what might happen, and help you ...

What are the legal considerations when writing a memoir or Autobiography?

Oct 27, 2014 · Defamation. Defamation is when you injure a person’s reputation; in legal speak, it’s when you “lower them in the estimation of the community or deter third persons from dealing with them.”. It’s a false statement of fact. Only living people can sue for defamation; heirs cannot make a claim about a deceased relative’s reputation.

What kind of lawyer do I need to solve my legal problem?

Whether you have a book concept and you want to get started on the path to success or a complete manuscript you know isn't all it can be, I can lead you to your goal. I am an insightful and experienced developmental author coach, memoir consultant, and memoir editor. A good story isn't enough to sell a memoir in today's marketplace, where 4500 books are published every day.

Can an outed abuser sue a memoirist?

Sep 29, 2020 · Criminal Lawyer. If you or a loved one has been charged with a crime, a criminal lawyer is the type of lawyer you should turn to. A criminal lawyer will be knowledgeable in areas related to criminal law, including issues related to bail, arraignment, arrest, pleas and any issues relating to the criminal trial itself.

image

Can someone sue you for writing a memoir?

Yet, you need to consider those you're writing about. They may not want to be part of your story. And, in some cases, if you violate the law, they may have the right to retaliate with a lawsuit.Nov 11, 2021

How do I find a memoir agent?

Here are the basic steps for finding a literary agent:Write and polish a novel, memoir, or nonfiction book proposal.Learn about the publishing industry.Research literary agents.Write a query letter.Try to find a referral.Send your query letter in batches.Wait (and hope for an offer of representation)

How much does it cost to write a memoir?

So how much for quality memoir ghostwriting? My best guess is that a quality memoir ghostwriting professional will cost you in 2019 in the vicinity of $8,000 to $12,000 per hundred pages turned in to you, depending on how much you do as suggested in #1 above.Jul 10, 2019

How do I get my memoir published?

Table of contentsStep 1: Determine Your Message.Step 2: Determine Your Why.Step 3: Um, Write!Step 4: Educate Yourself About Publishing.Step 5: Come Up With Your Title.Step 6: Rewrite.Step 7: Have Your Book Edited.Step 8: Consider Potential Legal Issues.More items...

How much does it cost to hire a literary agent?

Agents generally are paid a fee of between 10 and 20 percent of sales that they help negotiate on behalf of the writer they represent.Aug 23, 2021

How do I submit a book to an agent?

How to Submit Your Manuscript to an Agent in 6 StepsPolish your manuscript. ... Do background research. ... Network within your genre. ... Develop a strategy for contacting potential agents. ... Send query letters. ... Send manuscripts.Sep 9, 2021

Can I pay someone to write my memoir?

For a typical memoir, expect to spend at least thousands of dollars ($7500 to $10,000 on the low end) to tens of thousands of dollars (professional ghostwriters with a serious track record can easily command anywhere from $25,000 to $50,000+ per project).

How much is a ghostwriter for a memoir?

$30,000-$75,000So, most high-quality memoir ghostwriters are priced around the $30,000-$75,000 range depending on length and complexity, for several reasons: Your memoir ghostwriter needs to set aside months of their life to work on your book and get to know you in order to do your story justice.

How many words should a memoir be?

60,000 to 80,000 wordsMemoir word count tends to be right there in the same range as novel word count, or 60,000 to 80,000 words. Shorter than that, and you may not have enough substance to truly excite readers, you may not be going deeply enough into your story, or telling enough of it.

What makes a memoir a best seller?

It generally combines a magical, tragic, funny or highly inspiring story with truly outstanding, world-class writing. It's a bar that can only be described in generalities. These memoirs show, rather than tell. They are most often written by people who are/were already writing for a living.Feb 12, 2018

Is there a market for memoirs?

The bad news: Sometimes it seems like everyone is writing a memoir—and not everyone's story warrants one. The good news: Demand for the genre doesn't seem to be fading, so that means there's still room to break in.Oct 5, 2010

Should you use real names in a memoir?

Don't use the real names of people you speak negatively about. You can use the real names of those who have given you written permission to do so. But when getting written permission isn't something you can or want to do, it might be easier to change the names of the characters in your memoir.

How to avoid litigation?

List the people who are living or dead, who are famous, public, or private individuals. Decide if your characterizations of these people, or the story events involving these people, are negative or favorable. If favorable, your chances of being sued are fewer.

What are the two torts of defamation?

Defamation covers two torts: libel and slander. Libel is the publication of a false statement that injures a person’s reputation (as opposed to slander , which covers the verbal form of defamation). A libelous statement must be false and factual. The defamed person must be living and need not be identified by name.

Why is privacy invaded?

People have the right to be left alone. Privacy is invaded when private facts not in the public’s interest are publicly disclosed. While the truth can deflect a defamation claim, often the truth when disclosed can be the basis for an invasion of privacy claim.

What is the invasion of privacy?

Invasion of Privacy. People have the right to be left alone. Privacy is invaded when private facts not in the public’s interest are publicly disclosed. While the truth can deflect a defamation claim, often the truth when disclosed can be the basis for an invasion of privacy claim.

Is truth a defense to defamation?

Truth is a complete defense to a defamation claim. No false statement = No libelous statement. Even if minor inconsequential facts are incorrect, libel does not exist if the overall statement is true. Opinions are protected (because opinions are neither true or false). This defense, however, can be tricky to navigate.

What does "injured person" mean?

Someone is portrayed or misrepresented in a false light, i.e. highly offensive to a reasonable person. The injured person must be living (unless you want to dig up the casket and that is an invasion of another kind). The disclosure of private facts must cause harm to the person’s reputation (personal or professional).

Can you use someone's name for commercial purposes?

And it only applies to a person who makes money from who they are (i.e. famous people). If you do not have permission, do not use someone’s name or likeness for commercial purposes.

How to Write Memoir: Legal Terms, Definitions and Examples

Understating legal terms and definitions can be tricky, which is why we’ve put it together in an easy-to-follow download with simple examples from famous memoirs. Here’s an example of what you’ll get in this FREE download:

Defamation

Defamation is when you injure a person’s reputation; in legal speak, it’s when you “lower them in the estimation of the community or deter third persons from dealing with them.” It’s a false statement of fact. Only living people can sue for defamation; heirs cannot make a claim about a deceased relative’s reputation.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is an individual lawyer?

Individual lawyers (also called attorneys) are experts in different areas of the law. Some attorneys specialize in a certain field of law, such as business, civil, criminal, or juvenile law. You will need to determine which type of attorney is right for your legal situation.

How long does bankruptcy stay on your credit report?

Keep in mind, Chapter 7 bankruptcy information stays on your credit report for 10 years. This can make it hard to get credit, buy a home, receive life insurance, or get a job. Learn more about bankruptcy, and other options for dealing with debt .

1. Learn the differences between a memoir and an autobiography

A common mistake is to pour your heart and soul into a book and market it as the wrong genre. An autobiography is a chronological telling of your life, but a memoir hones in on a specific timeline or event. It doesn’t mean you can’t have flashbacks or backstory; you can.

2. Cleanse yourself of grudges and animosity

Writing a memoir is therapeutic; it should not be therapy. [click to tweet!]

3. Build your outline before you write

I know it’s tempting to be a pantser and just hope for the best, but a memoir genuinely needs an outline before you take off.

4. Read engrossing novels and memoirs

What’s more nap-inducing than a dry tone in a memoir? If you want your memoir to captivate readers, then you’ll need to use some elements from novels. [click to tweet!]

5. Save stream of consciousness for James Joyce

I’ve had consults with too many memoirists to count. As soon as I hear, “It’s kind of like a stream of consciousness style,” I kindly bow out of editing the manuscript.

6. Hone in on a key theme

Before the torches and pitchforks come my way, I want to make something clear: I’m not suggesting that you can just create the theme of the book willy-nilly. I understand that many writers 1) did not choose a theme for their book (but professors somehow found a theme) and that 2) themes do not simply present themselves immediately.

7. Steer clear of Chronology Canyon

If you understand #1, then #7 shouldn’t be a problem for you. However, even with true-to-form memoirs, I still see authors careen down Chronology Canyon.

How to write a memoir?

Each chapter can be divided into several sub-chapters, and each sub-chapter can be broken down into smaller sections. Write each small section in one breath before moving on to the next. You'll be amazed at how fast and focused you are as a memoir writer.

What is the best memoir?

The best memoir reads like a novel. You should describe settings vividly and let dialogues illustrate incidents naturally. Telling or analysis can be added as needed, but they shouldn't dominate the narration.

What is a travel memoir?

A travel or adventure memoir includes narration on experiences, activities, and lessons learned during a trip. This type of memoir mostly describes places in vivid detail and relates unforgettable experiences. To add substance, many authors include how they were forever changed by their travels.

What is personal essay?

You share your views about spirituality, relationship, religion, art, science, and other ideas that shape who you are. In other words, this form of memoir allows readers to take a peek at the author's reasons for making certain decisions and better understand them.

What is a coming of age memoir?

This can be a childhood or a coming-of-age memoir, or it revolves around a significant personal event, like divorce, illness, coping with abuse, coping with grief, or living as an expat. Every individual has such events, which can become an infinite well for inspiration.

What is rags to riches?

This type of memoir describes the hardships, what the author endures, and how he or she continues to fight against all the odds. The triumph comes with important life lessons, which the author shares with readers without lecturing. This type of memoir is so common that the competition in this genre is fierce.

Do you have to be a celebrity to write a memoir?

However, you don't need to be a celebrity to write it. You can write a portraiture memoir about someone renowned whom you're close with. Write from your perspective instead of theirs. Celebrities sell. So any incident concerning them (and you) has appeal to readers.

image

10 Reasons to Hire A Literary Lawyer Or Literary Attorney

Image
Should you hire a literary attorney or literary lawyer? Here are some reasons to consider it… Most successful literary agents have relatively standard author/agent agreements. Click here to see two articles I have about what to expect (and NOT expect) in a Literary Agent Contract or Literary Agency Contract. If you’re not extre…
See more on literary-agents.com

Author Coaching/Consulting

  • Want help to make your pitch materials for literary agents as good as they can be? Click here to learn how you can get 1-on-1 feedback to improve your pitch material and/or first fifty pages during an Introductory Coaching Call. * * *
See more on literary-agents.com

Share This Article About Literary Lawyers and Literary Attorneys

  • Please share this literary agent job description article with other authors who might enjoy it and/or benefit from it.
See more on literary-agents.com

Defamation

Image
We usually hear the legal term “defamation” when a gossip rag damages a celebrity’s reputation by printing false rumors of a derogatory nature like a sexual escapade, or an ex-paramour’s heroin addiction. But defamation in literary work happens too. Thankfully, for writers and publishers, success rates for defamation …
See more on sidebarsaturdays.com

Invasion of Privacy

  • People have the right to be left alone. Privacy is invaded when private facts not in the public’s interest are publicly disclosed. While the truth can deflect a defamation claim, often the truth when disclosed can be the basis for an invasion of privacy claim. Usually, invasion of privacy occurs when: 1. Private facts that are not of public interest are disclosed; 2. There has been an i…
See more on sidebarsaturdays.com

The Right of Publicity

  • Misappropriation of the right of publicity is using someone’s name, likeness, or identifying characteristics for advertising, merchandising, endorsements, promotional, or commercial purposes without permission. The law normally applies to the living, although some states will extend the right of publicity posthumously. And it only applies to a person who makes money fro…
See more on sidebarsaturdays.com

Consumer Fraud and Breach of Warranty

  • Fake memoirs and fraudulent autobiographies happen. Just check out this long list on Wikipediaif you need examples. A writer who lies about stories or events which are later discovered to be false runs a high risk of being sued, usually in a class action lawsuit by readers claiming to have been deceived and possibly by the publisher for breach of warranty in the publishing agreement, …
See more on sidebarsaturdays.com