Can you be sued for writing memoirs

Anthony Ravenscroft

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JR is, as usual, completely right. If someone can get a court to give their complaint a slot in the schedule, they can bring suit. That's not a slam-dunk, & many such cases end in "not found" after as little as prelim discovery.Then again, I know a woman who spent more than $400,000 defending herself from empty claims, & had to take two weeks off a high-paying job to live 1,000 miles from home in a hotel in order to appear day after day. This kinda mitigates the concept of "winning."But I think you're getting ahead of yourself in order to leap to an incorrect assumption:
I'll be publishing through LULU because no publisher would believe this really happened.
So... how many publishers have you queried? or agents? How long is your query letter? Do you have an outline or an overview, or both?When you get a hundred rejections, then go ahead & Lulu.Why? Because the publisher carries insurance specifically for this sort of thing, not to mention a legal department in many cases.
 

johnrobison

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Because the publisher carries insurance specifically for this sort of thing, not to mention a legal department in many cases.

It's good someone brought this up. Most businesses - my own automobile dealership (which is what I do besides write and take pictures) included - have insurance that covers us for legal defense costs if we are sued.

Big, reputable, publishers all carry this sort of insurance coverage.

In addition, and more important, big publishers have legal staffs that vet new books and ask for changes to minimize the exposure to lawsuits.

You won't get either of those benefits if you publish on your own.
 

Citizen Rob

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I'm following this thread with great interest, as my own memoir is in the editing process as we speak. My book is about raising a daughter who has a rare heurological disorder, and that means that a number of teachers and doctors who did not serve her best interests very well are in the book. Any parent of a "special needs" kid (god, I hate that term) who chooses to write about their experiences is going to have a good number of stories to tell about the obstacles that others placed in their paths; like any other memoir, eventually it's unavoidable that you'll write about a conflict with someone.

I think the key for me is to be mindful of the truth and the objectivity of what I'm writing. Obviously, I'm going to have feelings about people who may have been a detriment to my daughter's development, but I figure that if I let them represent themselves through their actions and I stay as close to verifiable material as possible (thank god we saved all those medical and school reports) with a minimum of opinion on my part, I'll be on safe ground. But I still worry.

Ironically, my publisher is St. Martin's. I suspect they'r reading those passages very carefully, too.
 

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JR is, as usual, completely right. If someone can get a court to give their complaint a slot in the schedule, they can bring suit. That's not a slam-dunk, & many such cases end in "not found" after as little as prelim discovery.Then again, I know a woman who spent more than $400,000 defending herself from empty claims, & had to take two weeks off a high-paying job to live 1,000 miles from home in a hotel in order to appear day after day. This kinda mitigates the concept of "winning."But I think you're getting ahead of yourself in order to leap to an incorrect assumption:
So... how many publishers have you queried? or agents? How long is your query letter? Do you have an outline or an overview, or both?When you get a hundred rejections, then go ahead & Lulu.Why? Because the publisher carries insurance specifically for this sort of thing, not to mention a legal department in many cases.
Hi Anthony, yes isn't JR just the coolest? You're right, I haven't queried anybody about it, probably should. Thanks for bringing that up about the insurance, I didn't think of that. I just thought a publisher wouldn't touch it if I told them it was a true story. Probably send out the men in the white coats to pick me up. But those are quite horror stories, and why I'm so worried about doing this. Maybe I'll name it after Ken Hensley's album, "Proud Words on a dusty shelf" and put it in the closet for another 33 years. Thanks for jumping in. It is very much appreciated!
 

Penny Graham

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It's good someone brought this up. Most businesses - my own automobile dealership (which is what I do besides write and take pictures) included - have insurance that covers us for legal defense costs if we are sued.

Big, reputable, publishers all carry this sort of insurance coverage.

In addition, and more important, big publishers have legal staffs that vet new books and ask for changes to minimize the exposure to lawsuits.

You won't get either of those benefits if you publish on your own.
thanks for adding your additional info. If I can find a publisher who would take this on, I wouldn't have to worry, as you said. Hey, YOU did it right? And your brother who is going through this very thing and HIS publisher is handling it, so you guys have really given me food for thought. I really haven't tried to send it anywhere since 1978, and that publisher loved it but said it was too big and at that time, it would have been too expensive to expect anyone to pay for a book. Things have changed in the typesetting department since then. She never did say to cut it. That's the one and only time I sent it out.
 

Penny Graham

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I'm following this thread with great interest, as my own memoir is in the editing process as we speak. My book is about raising a daughter who has a rare heurological disorder, and that means that a number of teachers and doctors who did not serve her best interests very well are in the book. Any parent of a "special needs" kid (god, I hate that term) who chooses to write about their experiences is going to have a good number of stories to tell about the obstacles that others placed in their paths; like any other memoir, eventually it's unavoidable that you'll write about a conflict with someone.

I think the key for me is to be mindful of the truth and the objectivity of what I'm writing. Obviously, I'm going to have feelings about people who may have been a detriment to my daughter's development, but I figure that if I let them represent themselves through their actions and I stay as close to verifiable material as possible (thank god we saved all those medical and school reports) with a minimum of opinion on my part, I'll be on safe ground. But I still worry.

Ironically, my publisher is St. Martin's. I suspect they'r reading those passages very carefully, too.
Hey Citizen Rob,
First congratulations on your book. I read a lot of books by St Martins, and good for you that you have someone, like the guys said, to be your protector. I think you are on safe ground as you have documentation, and the publisher will know what to do, or their lawyers. Oh, where or where is Jaws?
I'm sure your little girl is very special!!!
 

Citizen Rob

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Hey Citizen Rob,
First congratulations on your book. I read a lot of books by St Martins, and good for you that you have someone, like the guys said, to be your protector. I think you are on safe ground as you have documentation, and the publisher will know what to do, or their lawyers. Oh, where or where is Jaws?
I'm sure your little girl is very special!!!

Thank you! Yeah, if this book does well, it'll be because of her. This is all her story, I'm just taking dictation.
 

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Hi All, regarding your quote, Penny, "there were a couple unimportant things that happened that I didn't feel the need to put it in there, no reason to add in a negative that had nothing to do with the story anyway. The last thing I want to do is upset someone, especially when it was unnecessary and could be omitted."

I have spent the past couple of years interviewing people my age who I grew up with, as well as some older people who were adults when I was a child, to see what my family was like back then, from their perspectives. This has provided me with invaluable information for my memoir. One thing I have found interesting is that what seems to me to be the littlest thing can be upsetting to someone else. Therefore I agree with John that it is impportant to be as honest as possible with anyone included in our writings.
As an example, a couple of friends and I used to break into houses when we were kids. But when I had lunch with the ring leader last summer and told her about my writing, she was most concerned that I might write that she used to walk around without a shirt on in the summer time. We were about ten at the time! It's not like she had grown anything she could have been arrested for! But she was more embarrassed about the toplessness than the vandalism. It blew me away. But it reinforced to me that you just never know what someone is thinking and feeling, and I told her I would not include it in my book.
On the other hand, I cannot be "sensitive" to everyone who will be included in my book. For example, as an adult I confronted someone who sexually abused me as a child, and although he admitted it to me privately, he has denied it to mutual friends, even though there were witnesses and in fact he bragged about it years later, which the people he bragged to will attest to. Even if I approached him to get his permission to include him in my memoir, he would not grant it. But I do not believe that should cause me to leave this important event out of my book. To me the key is to write about it honestly, from my perspective, and make it clear that I am doing so for sincere purposes, and not to slander him or cause him emotional distress in any way. Yes, it will upset him, and yes, I am sure my future publisher will insist on changing some names, but I will write about it.
John, I asked your brother about this very issue a couple of years ago, and he replied to always be honest and true to myself, and write about my experiences, and let the lawyers and publsihers worry about things like name changes later. I have adhered to that advice as I have written and it has been very helpful.
 

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Hi All, regarding your quote, Penny, "there were a couple unimportant things that happened that I didn't feel the need to put it in there, no reason to add in a negative that had nothing to do with the story anyway. The last thing I want to do is upset someone, especially when it was unnecessary and could be omitted."

I have spent the past couple of years interviewing people my age who I grew up with, as well as some older people who were adults when I was a child, to see what my family was like back then, from their perspectives. This has provided me with invaluable information for my memoir. One thing I have found interesting is that what seems to me to be the littlest thing can be upsetting to someone else. Therefore I agree with John that it is impportant to be as honest as possible with anyone included in our writings.
As an example, a couple of friends and I used to break into houses when we were kids. But when I had lunch with the ring leader last summer and told her about my writing, she was most concerned that I might write that she used to walk around without a shirt on in the summer time. We were about ten at the time! It's not like she had grown anything she could have been arrested for! But she was more embarrassed about the toplessness than the vandalism. It blew me away. But it reinforced to me that you just never know what someone is thinking and feeling, and I told her I would not include it in my book.
On the other hand, I cannot be "sensitive" to everyone who will be included in my book. For example, as an adult I confronted someone who sexually abused me as a child, and although he admitted it to me privately, he has denied it to mutual friends, even though there were witnesses and in fact he bragged about it years later, which the people he bragged to will attest to. Even if I approached him to get his permission to include him in my memoir, he would not grant it. But I do not believe that should cause me to leave this important event out of my book. To me the key is to write about it honestly, from my perspective, and make it clear that I am doing so for sincere purposes, and not to slander him or cause him emotional distress in any way. Yes, it will upset him, and yes, I am sure my future publisher will insist on changing some names, but I will write about it.
John, I asked your brother about this very issue a couple of years ago, and he replied to always be honest and true to myself, and write about my experiences, and let the lawyers and publsihers worry about things like name changes later. I have adhered to that advice as I have written and it has been very helpful.
Thanks Pollykahl for your advice and input. I have been wrestling with this a long time, and everyone at the cooler has had very helpful insights and advice. I pretty much did stay true to the story and know I still will have to change names and locations. It is the invasion of privacy issue I am more worried about than slander or libel since nothing was invented. Still wrestling, I guess. Thanks.
 

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My two cents. . .

I am reading this thread with great interest, as I am also a memoirist who has written a very shocking and graphic memoir dealing with growing up in a family with severe mental illness issues. This memoir is currently under review at several large houses (including Augusten Burroughs' publisher St. Martins). I know for a fact that I will likely lose friends and alienate family over this memoir, but that is something I'm willing to live with in order to tell what I believe is an important story that is designed to help people and families dealing with severe mental illness.

As far as how I'm handling "changing names", et cetera, in my current manuscript, some people's (not my family members') names have been changed; others' have not (although in many cases I use first names only), and I have not changed any locations. My agent advised me that I should write as straightforward a manuscript as possible, only changing names in this version in cases where I thought it unavoidable or people specifically asked me to do so. In the event I am offered a contract, my agent advised me that I would likely have a sit-down with the publisher's legal department who would advise me line-by-line on anything I'd need to do to minimize lawsuit risk, et cetera, and I plan to follow that advice as it is given. I am also following the Burroughs' case quite closely; I am very glad St. Martins is working hard to defend the case.

As far as my own process is concerned, a few of my family members started threatening to sue when I even told them I had the _idea_ to write this book. They told me they would go to court and tell everyone I am lying, even though I have the capacity to prove my story. (This is due to some of my family members' being so afraid of the stigma of mental illness they would rather lie on the stand than admit to being ill). I am frankly not worried about these threats, because I know they are nothing more than threats. None of my family members who are even now threatening to sue have the gumption, stamina, or financial ability to follow through on those threats, so I am frankly not worried about it. They also would not be able to prove I'm not telling the truth.

As far as some of the more tangential people in the book, I am frankly not worried about them, either. The thing is, anybody can threated to sue or even file a suit, but having the stamina (and vast financial resources) to actually mount a major lawsuit against a major media outlet is something else altogether. We authors thankfully have the First Amendment on our side---provided we aren't outright fabricating malicious statements about people. Since I'm not doing that, I've decided that losing a few friends and alienating a few family members a worthy price to pay for telling a story that I believe has the potential to benefit many millions of people suffering from mental illness. I don't have that great of a relationship with my family anyway, so it's not even that much of a loss.

John, I look forward to reading your book when it comes out.
 

johnrobison

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Sakamonda, all I can add is that you've got to be careful of invasion of privacy claims and carefully consider the feelings and expectations of those people who appear in your story.

If I were in your position I would move very cautiously because I don't want my stories to make people feel worse.
 

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"carefully consider the feelings and expectations of those people who appear in your story"

I agree with this statement. While we cannot anticipate everyone's feelings, or necessarily decide not to write just because what we are writing about may be upsetting to some people, it is of utmost importance to consider the consequences of our actions. Kindness goes a long way in not only making our material more palatable to the general public, but also in demonstrating to those included in our life stories that our intentions in telling our stories are clean and pure. It is possible to be honest, even about very painful things, and still be kind. To me this means that when we are recounting painful experiences, it needs to be clear that our writing is for a higher purpose than just telling a story. There needs to be a lesson or meaning to it. Otherwise it can appear to be merely either expolitative of the experiences, or revenge seeking toward the abusers, which only continues the abuse and negativity.
 

southernwriter

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I've been reading this thread with great interest because a couple years ago, I walked your walk and talked your talk. I know precisely where you're coming from.

My "memoir" is paranormal women's "fiction." It is the story of a close group of friends who were torn apart by the death of one, and how they come to be reunited thirty years later. It was a true story as I wrote it (some of it as it was happening), and I had the very same concerns. We each shared a history and had kept painful secrets. I supplied each of the members of the group with a copy of the manuscript. Some wanted me to use their real names, others asked me to use something different, but similar.

Only one person objected completely. That person was my best friend for those thirty years. Her life is very different now, and she has not come clean with her husband of twenty years. He knows nothing about her past, apparently, and she doesn't want him to. She knew I was writing the story. She filled in blanks for me. She told me of situations I could add to it, including some that were extremely painful for her. One in particular was so poignant and gut wrenching, I knew it would make the story sensational. She said she wasn't worried about her husband finding out because he doesn't read. When the first draft was complete, I sent her a copy. It ended our friendship. Her husband became curious and wanted to read it. She told me she had expected me to bare my soul, but didn't expect me to bare hers. She is so entwined in the story, there is absolutely no way I can take her out of it. I was hurt that she provided so much information, knowing full well what I was doing with it, let me spend two years of my life writing it, and then wanted me to burn it so no one would ever find out. At that point, I discovered I had already lost her friendship, so there was nothing left to lose. Hold that thought, because I'll come back to it.

The love interest in my story is the deceased, and when a person dies, they lose their claim to privacy, so no problem there. Like your friend, he was someone who inspired me, and changed my life and concept of reality forever. His impact was life-altering, and the end result mind-blowing. I know what you mean when you say, "No one would ever believe it's true." I would. I did not write anything about him that I would not write if he were still living. I think that's something you need to ask yourself. If this man means as much to you as you say, if you love him that much, are you willing to incur his wrath, or live with knowing that you hurt him so much, he will never forgive you? Can you live with that? Is that what you do to people who had such a profound impact on your life that you still care this deeply about him thirty years later?

You also need to consider the impact it will have on your own husband, if you have one. Mine knows about my past, but has never been faced with a lot of the intimate details that went into the story. Have you considered that? If you think your story is going to hurt him, you need to sit down with him and do some explaining.

You said your memoir is too long. How long is it? I was there, too, at 222,000 words. Like that would ever get published! I cut characters and subplots, edited, rewrote, edited, rewrote, and somewhere along the way, learned to be a better writer. I learned that a string of events does not a plot make. Does your story have a plot? Do the characters grow and change? Is this guy you're concerned with a Mary Sue character (or whatever we're calling the male equivalent these days)? Have you edited the story? Because a funny thing happens when you start correcting all those things. It becomes less true. It becomes partially fiction (can you say James Frey? I'm almost sure that's what happened with his "memoir.") While trying to get my story down to a manageable size, I started learning a lot about writing. Remember the thought I said to hold? One of the things I learned is to never make a secondary plot character more interesting than the protagonist. I was on the verge of doing just that. The poignant, gut-wrenching truth about my old friend will not make it into the final draft of my story. I know she'll be relieved. I am. I never intended to hurt any of the people in my story. These are people I've loved most in my life.

So, there's more fodder for you to think about. I know it feels like the worst thing in the world to even consider giving up all your hard work. You put your blood, sweat and tears into it, your heart and soul. I would never ask you to give up on it, but would it be the end of the world if you changed a few details and called it fiction? The story would still be told, wouldn't it? And isn't that your point? You want people to be changed by it, and inspired by it, but is there a reason they can't be, if the characters names are changed, and it takes place in a small town instead of a big city, or whatever else you can do to disguise the identity of the man? My advice is to get a couple beta readers, and start editing. You might be surprised how much you can let go of in the editing process. Good luck.
 
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Sakamonda

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"Carefully consider the feelings". .

My response to John and others to "carefully consider the feelings of those who appear in the story":

Those persons who I personally care about, yes I will consider their feelings. But I will not allow them to dictate to me what I can and cannot include, what I can and cannot say. I will change names as necessary and recommended by a publisher's legal department, but I won't change details/rewrite history because someone asks me to. That would go against my journalistic integrity.

Those persons I don't personally care much about, I really have no motivation whatsoever to consider their feelings----especially when the actions I describe them doing in the book show that they never, ever considered my or others' feelings when they engaged in actions that damaged people. My main motivation for writing the book is not personal revenge or anything like that, but rather to help expose injustices and abuses in the mental health system, and also to help show how our defective US mental health system damages people in general. My motivations for writing the book overall are to help and educate people, but in order to do that, I will have to expose some very ugly things.

My main guide for what to reveal will be my own gut feelings, and the advice of my publisher's lawyers. I am not afraid to anger people or alienate loved ones to tell the truth----and indeed, my loved ones are the ones who taught me that the truth is important above all other things. I think in the long run, they will see that.

As far as right to privacy issues go, I think the Burroughs' case, assuming it is decided in Burroughs' favor (and I hope/think it will) will go a long way in setting a legal precedent protecting memoirists and journalists.
 

Anthony Ravenscroft

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Over the past few years, I've reviewed a couple dozen proposals for memoir-type books.

One of the things I notice is that memoir seems too often to "hide" between categories. If the facts are too pat, they generally turn out to be embellished (to put it kindly), & the memoir is defended as storytelling -- yet, when there's no plot & little enough discernible structure, the same manuscript will be defended as journalism.

And it's not unusual that memoir serves dubious purposes: self-aggrandisement with minimal creative effort; inflating the author's sense of self worth (which too often turns into a "pig/lipstick" situation); highly personalised therapy; lashing out & venting.

For any credible publisher to undertake a book project that has more chance of getting them sued than does (say) having a bank account with a positive balance, it is -- first, foremost, & having only rare exception -- going to have to be a very good story.

And if you want to defend yourself as a "journalist," then you'll need to have some sort of paper trail, & be able to demonstrate absence of malice, something that's gonna be tough if an objective disinterested observer would readily agree that it looks like you've got motive to want to "get even" for past grievances. As to the former: if you go & pull up old hurts from years ago that no person other than you & the alleged perpetrator have ever been aware of, it's going to come across as you casting aspersions & at the very least invading others' privacy. So, you'd better have a good stack of police files, medical records, court documents, sworn witness statements, etc.

If memoir was journalism, then it would be journalism, not memoir, IMNSHO.

Also note that, if you slam enough people in your masterwork, & also feel you're some sort of crusader for freedom of expression, you might find yourself hoist on that petard when one of the aggrieved parties turns out to be a better (or better-connected) writer & you become the subject of a stinging & best-selling book about "abuses of memoir."
 

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... As far as libel, there is none in this book, and while I told no one what was happening, he did share it with other people...not me. I have kept silent all these years, and there were people who were present when a lot of things happened who were "awed" by what went on in front of their eyes, so a lot of this did happen in public. ... A good example of this is, say we both worked at a circus, and he taught me all about the circus animals so I became aware of their feelings and became a more aware person because of his teachings. Now maybe today he doesn't even want people to know he ever worked in a circus ...

Penny,

Let's suppose that in 1970 I belonged to the Merry Order of Mothers (MOM). By now, in 2007, I've moved so far beyond the MOM mode in my thinking that I may avoid mentioning this fact to people who didn't know me back then. But the fact is, I did belong, and if I've said or done anything to lead people since then to believe I didn't, I have not been truthful in my own life.

Building on that background, let's say that you also belonged to MOM in 1970. So did lots of other people, some more public about their membership than others, but nobody took oaths of secrecy.

I find it reasonable to expect that people I knew in MOM would mention the connection to others if it ever arose in a relevant context. "Oh, sure -- I knew her. we were in MOM together back in The Day."

The only way to escape the past completely is to go into a witness protection program, and even that isn't foolproof.

If the events you allude to were perpetuated for the purpose of good, and were genuinely helpful and uplifting, then this person you mention was acting from a center of love. His purpose was to help, to uplift and teach. Perhaps his own understanding has continued to evolve, but if he was operating from a center of love, it's unlikely that decades down the road, he'd do something unloving like sue someone for bringing up helpful things he did in the past. More likely he would feel gratified that you are still feeling grateful and sharing the helpful information still further -- beyond the bounds of the small circle he was able to reach.

The risk you face if you dilute your message by fictionalizing it, or not publishing it at all, is that those who need to hear it will be deprived. Which is the greater risk? Only you can answer that!

My call: Say whatever sort of prayer works for you, and follow your heart in this matter. Go to a quiet, private spot, get comfortable, and have a "virtual" conversation with this man. Ask him what he wants you to do about this matter. Ask for a message to make it clear, maybe a dream. This isn't a decision that can be made with reason and logic, because the message of your memoir obviously goes beyond the bounds of the physical and logic. Use the resources you have learned to make it.
 

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"If the facts are too pat, they generally turn out to be embellished (to put it kindly), & ... it's not unusual that memoir serves dubious purposes: self-aggrandisement with minimal creative effort; inflating the author's sense of self worth (which too often turns into a "pig/lipstick" situation); highly personalised therapy; lashing out & venting."

No offense Anthony but I found these statements to be cliché'-ridden as well as cynical. I have read literally hundreds of memoirs over the past thirty years and other than the Frey fracas there have been very few cases of memoirists being accused of embellishments. When authors have been accused of embellishment, or even outright fabrication, it has almost always been by those who have been disparaged in the memoirs to some degree. (A classic example is Roseanne's parents accusing her of making up her childhood abuse. Well, what would they say? "Yes, we did it, we're sorry, we take responsibility for the harms we have caused, we promise to never do it again..."? That never happens.)

Occasionally in memoirs descriptions are dramatic, but there is nothing wrong with writers using drama to describe their personal experiences, as long as they do not fabricate events, and no one can say how dramatically anyone else experiences events anyway. And to say only that memoirs serve to inflate the authors' sense of self-worth without recognizing the contributions this genre makes seems like an oversimplification to me. Although they may be unique in seeking camaraderie and affiliation, memoirists as a group don't seek ego gratification any more than writers of other genres do. It would simply take too much work and effort, with miniscule chances of success, to write merely for ego gratification.
 

Sakamonda

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I agree. . .

Polly, you are right on:

"When authors have been accused of embellishment, or even outright fabrication, it has almost always been by those who have been disparaged in the memoirs to some degree"

---This is very true. I anticipate that I will have some of this same fallout myself with my book. Also, memory is an imperfect thing----very few people who go through the same experience will remember it in the exact same way, or even remember it at all. Emotions certainly affect memory.

And Anthony, I disagree with your take on memoir being nothing but a "self-aggrandizing" genre. It is very difficult to do well, and is often quite painful. I know that writing my memoir has been the most difficult writing task I've undertaken. (I've completed several books). I also think it's my best book. In addition to a compelling (and often shocking) story, there are elements of hope, help, and education. If I really were writing a lipstick-on-pig piece of ego-inflation (note: I am not a celebrity or public figure), then I seriously doubt I'd have 10+ major publishers looking at it right now.

When done well, the memoir is a literary form---not just "journalism" or "storytelling." True, there are elements of both journalism and storytelling in memoir, but a good memoir takes both of these things a step further into a bona fide art form. Furthermore, I'd like to note that some of the best writing of the past century has been in the form of memoirs by (previously) unknown people who told a life-affirming, powerful story in a beautiful, literary-quality manner. I'm thinking of people like Frank McCourt, Susanna Kaysen, Dave Eggers, Augusten Burroughs, Alice Seabold, and countless others. I'd challenge you to call any of these authors' books nothing but ego-inflated self-aggrandizement.

In closing, I'd advise anyone writing a memoir to stay true to their story no matter what, to tell it in a compelling manner that captures the emotional essence of the experience, and to not concern themselves with naysayers or persons whose attacks against what you might reveal in your story are motivated by jealousy or self-preservation. And most of all---make sure your story is somehow relevant to the rest of the world, not just "all about you", before you seek serious attempts at publication.
 

johnrobison

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Sakamonda, you appear to have thought through your responses to most of the common questions. I will be interested to hear what comes of the submissions you talk about. Feel free to send me a PM if I may be of help.

Like you, I do not think of memoir being merely self-aggrandizing. But that's the sort of thing critics will say if a book you write about yourself is a huge success. Still, I like to think my book - and hopefully yours - serves a greater purpose than making us look good.

Now, as to memoir being "not just storytelling."

The storyteller's talent is rare, I am told. The editors who read my work say I have it, and they say my book is told in that manner and that's one of its strengths. I don't think the storyteller style is limited to memoir. I could just as well apply my storytelling skills to tell you about a battle in WWII.

I would be interested to hear more about your project.
 

Blair Tindall

Greetings, I'm a friend of John Robison's and new to the board. This is my first post, but on a subject of great interest. My first book, "Mozart in the Jungle" was a memoir peppered with many of the issues discussed here -- and I have insight not only from that, but also from the media law course I took as part of my journalism degree at Stanford in 2000. In addition, writing for the NY Times and other pubs has made me even more vigilant.

I think it's important to realize that lawsuits can be quite expensive for both sides. Someone instigating one must really have a bone to pick -- because many books are covered by their publisher's libel insurance (which often does have a deductible which may be split by the author and publisher, by the way.) Some publishers have the manuscripts vetted by an attorney, who makes recommendations of changes and omissions.

An editor once made a good point to me about writing angrily in a memoir. If a personal scene exists as a vendetta without advancing the real point of the story, it's not compelling reading, and you're going to lose your audience. However, if the author can expose his/her own foibles and weaknesses in the course of simply telling what happened, the results can be poignant and empathetic.

Someone on this thread remarked that using real names makes for a real story. It is, after all, your experience. Going too far afield can get Oprah very, very mad, as we know. One alternative is publishing the pseudonyms (not the real names) on the copyright page, and also keeping their use to a minimum.

One interesting case is Nora Ephron's "Heartburn," which is officially fiction. It's worth googling what happened between her and her ex-husband, Carl Bernstein, in the aftermath of book and film.
 

Sakamonda

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great points

Thanks Blair. All useful points.

Another issue I'm running up against with the publishers who are looking at my memoir is the fact that despite the fact they find the story compelling and my writing of high quality, they reject the book because I am not already a celebrity with a large built-in media platform. (a case of sales-and-marketing departments trumping editors in making acquisitions decisions). What drives me nuts about this is, most memoirs penned by celebrities tend to be pat and poorly done, even if they do "sell." Any ideas on how to deal with this problem?
 

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HI Blair and Welcome. Your book looks great, love the cover too, and can't wait to read it. (How does one find time to write with all the interesting reading to be found on this site?)

In the law course you took in 2000, did you ever hear of cases being taken by the prosecuting attorneys on a contigency basis? I know how expensive these things can be and have wondered how some of the citizens bringing the suits can afford to do so. It seems to me that otherwise many of them would not be able to afford to do so.

I have been studying memoirs for many years until I was ready to write my own (deeply in progress) and have rarely seen writing that looks purely vindictive. It bothers me that memoirs have a reputation as being merely vehicles for vindication. Hopefully most of them are weeded out prior to publishing through personal feedback to the writer proior to submissions, good agents, good publishers, etc. As someone who is writing about childhood abuse, familial mental illness, addictions and other touchy issues, I would not want to work with agents or publishers who were not well versed in the most current ethical and legal specifications for my genre of work. This would not only be for my own legal protection, but also to ensure that my published work adheres to the highest professional standards.
 

Sakamonda

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Contingency

I don't know of any attorney who will take a libel case on a contingency basis. Libel is insanely difficult to prove, and the burden of proof is on the accuser in libel cases, not the accused. In libel cases, you not only have to prove that the author maliciously fabricated lies about the accused (not easy to prove if the author insists they are true statements), you have to prove that the accuser suffered irreparable emotional and financial harm (i.e., losing a job or business income over the supposedly libelous statements), as well as permanent damage to one's public reputation. Tall orders to prove in court, all. This is why most libel/slander cases are brought only by people who are already quite wealthy and of some public standing.

Since none of the people I discuss in my memoir are wealthy or of public standing (nor would they be able to prove my statements are not the truth), I'm not worried about being sued for libel/slander. I will of course follow my publisher's legal advice on how to protect against potential suits (even frivolous "nuisance" suits) when/if offered a publishing contract. But the fact is, as Blair says, for someone to bring a suit against you, they a) must have a serious bone to pick and b) a lot of money at their disposal to pay lawyers, possibly for years, while the suit drags on.
 

johnrobison

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I'm sorry to disappoint those of you who think you may be protected by an attorney's unwillingness to sue on a "no win, no pay" basis. As far as I know, the attorney suing my brother and his publisher is doing so on that basis, either in whole or in part.

And that same attorney has won multi-million dollar judgements in earlier cases. My brother's attorneys have a good record also. In that case, you have two very capable firms up against each other and the outcome is far from obvious.

So don't assume the people who figure in your story can't sue just because they are poor. If you write a big book, any attorney knows he's got a publisher's insurance company with very deep pockets. Sure, it's hard to win those cases. But if they win, they can win big. There are some good lawyers out there who like those odds.

I would venture to say that a good percentage of the invasion of privacy suits brought against media outlets are handled on a contingency basis for people of modest means.

Many of my good friends are attorneys and I see/hear more of the inside scoop than many. I know that people associate contingency fee billing with personal injury attorneys, but in fact many other lawyers work on that basis, to their great benefit. Two examples I'll offer are the lawyers who brought cases against the cigarette industry, and the lawyers profiled in Jonathan Harr's A Civil Action.
 

Blair Tindall

Polly: There's a lot to be said for persistence. I'd stick with your story and keep trying. Although if you could find compelling marketing strategies for your proposal, that could help.