Can you be sued for writing memoirs

PinkAmy

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Any potential plaintiff would probably get to pick where to file-- the state in question, the state the book was published in, the state the plaintiff is living in--it's all about where the damages occurred so it would depend. If there isn't much money to get, a lawyer won't take the plaintiff's case on a contingency fee (i went thought that when a doctor accidentally blinded my eye instead of fixing it during surgery. Because the damage wasn't permanent and only lasted 6 months, it wasn't worth suing, according a few lawyers). If the plaintiff is wealthy and wants to sue just to get on your nerves, well then all bets are off. Proving a case is winnable isn't that difficult with expert witnesses (a psychologist for mental duress, loss of income from needing time off a job) and getting a report from a doctor isn't that hard, I don't believe the defense gets a say in refuting any evidence. Obviously you would think the case was frivolous (and it might be), but there could be others who disagree. It's messy. Plus there are always appeals to higher courts and constitutionality etc.
You're spending a LOT of energy into this. Run the exact situation by a lawyer to see what she says.
 

metamemoir

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Any potential plaintiff would probably get to pick where to file-- the state in question, the state the book was published in, the state the plaintiff is living in--it's all about where the damages occurred so it would depend. If there isn't much money to get, a lawyer won't take the plaintiff's case on a contingency fee (i went thought that when a doctor accidentally blinded my eye instead of fixing it during surgery. Because the damage wasn't permanent and only lasted 6 months, it wasn't worth suing, according a few lawyers). If the plaintiff is wealthy and wants to sue just to get on your nerves, well then all bets are off. Proving a case is winnable isn't that difficult with expert witnesses (a psychologist for mental duress, loss of income from needing time off a job) and getting a report from a doctor isn't that hard, I don't believe the defense gets a say in refuting any evidence. Obviously you would think the case was frivolous (and it might be), but there could be others who disagree. It's messy. Plus there are always appeals to higher courts and constitutionality etc.
You're spending a LOT of energy into this. Run the exact situation by a lawyer to see what she says.

good points
 
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PinkAmy

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i talked to a lawyer today and she was quite reassuring. she wasn't very "impressed" by the "controversial" elements i was worried about.

i was pleased that she pointed out a few things "in my favor" that i previous thought were irrelevant. 1) the "characters" i was concerned about have extremely minor presences in my story (unlike, say, Running with Scissors where the plaintiffs were heavily focused on). 2) it helps that I present all quotes or 2nd hand accounts AS SUCH. and it helps that I am only including conversations where I am confident in the sources.

anyway, I certainly have a lot more research to do on this issue, but I am optimistic after this conversation, and recommend others seek out the various resources available (law libraries, non-profits) to find answers.

That's great to hear! Sometimes points that we think are controversial aren't to readers but we don;t have the perspective to see it. I would bet that agents have developed the ability to know if something jumps out as "suable"in memoirs, it seems like a precaution everyone has to worry about.
 

PinkAmy

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Well, my whole memoir is pretty much about the impact of having lawsuits about me that didn't include me as a party--so I have a lot of reluctant first hand knowledge. I'm lucky in that 80% of what I'm writing about is public record and can be verified. I have all the copies of the suits sitting right by my computer. But, I change everyone's name but mine (and I might have to change mine) for the privacy and confidentiality of others and to be respectful of people who I wouldn't want to be hurt by bringing up the shit that went down 15-20 years ago. The folks I don't care about---well they are litigious so I don't want to be sued, but I could give a crap about their feelings. :D
 

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This thread has been really interesting. Not sure if I'm any clearer. I'm confidnet my memoir is honest to the best of my memory, but every time I think of submitting it I start fretting that someone might sue.