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Tuesday, Aug 15
Real Life Legal Fiction Writers on Writing Legal Fiction (In Real Life)
Lawyers are folks who like results. So what's the best way to go from lawyer-slash-aspiring-writer to lawyer-slash-successful-writer? "The best way to get published is to have an agent," advises Kermit Roosevelt, Assistant Professor of Law at University of Pennsylvania Law School and author of In the Shadow of Law. "Making it out of the slush pile otherwise is very unlikely. So the more important question is probably how to get an agent, and there I'm not sure I can be all that helpful beyond suggesting that people look in some of the books, like The Writer's Market, identify agents who rep their kind of material, and send a letter with maybe a sample chapter. Agents are frequently willing to read unsolicited submissions, and it's better for a writer to have an agent screening their work than whoever reads the unsolicited submissions at a publishing house." "The most important thing is to write the book!" says Jonnie Jacobs, who writes a series of mystery books about attorney Kali O'Brien like Intent to Harm and Cold Justice. "Reading critically in the field you want to publish in is helpful. Read a book first for enjoyment and then go back and read it again, taking note of plot structure, how characters are introduced and developed, how dialogue in handled etc. There's no one single right way to do any of this, but writers can learn a lot by analyzing what works (and doesn't work). Mystery conferences (focused on writing) and conventions (with panels of authors but aimed more to readers) are good ways to key into the field. An agent is a must these days. Conferences and conventions can be useful in this regard, but contacting agents by mail works well, too. Most ask for a synopsis and the first three chapters. A good synopsis is harder to write than the novel, but it's critical. Writer's Digest Books publishes a directory every year of literary agents and it's a great resource. They also publish books on the art and craft of writing." But do you need to be a lawyer to write compelling legal fiction? Award-winning legal fiction writer Stephanie Kane, author of books such as Seeds of Doubt and Extreme Indifference thinks so. "I have pretty strong feelings about non-lawyers writing legal fiction, and equally strong ones about lawyers who have never practiced law doing so. It's not so much having a JD or knowledge of law as it is the experience of actually representing flesh and blood clients. You can usually tell within the first few pages if the writer knows what it means to get his hands dirty. That's the point at which I read on or close the book. Which leads to the question, what kind of legal fiction does the aspiring writer want to write? A thriller in which the protagonist uses his briefcase to dodge bullets, or one in which the lawyer knows what it means to go to the ends of the earth for the client? I'm not knocking writers who choose the former - they're certainly more likely to be published. So maybe the real question is, do you want to get published or not? The best advice for any writer, regardless of genre or education, is to write about something he or she cares deeply about. Experience and respect for craft may come second, but they're a source of humility which ain't a bad thing for a writer (or a lawyer) to have." "As far as legal education goes, it depends on what kind of legal fiction your readers want to write," says Roosevelt. "If the plot turns on particular legal issues, then it's probably a good idea to have some academic preparation. But it doesn't take that much preparation to write an insider account that's believable to non-insiders. I spent two years in law firms before writing my firm novel, but Jeremy Blachman wrote Anonymous Lawyer after doing nothing more than spending a summer there, and he's done very well. Likewise, you could probably learn most of what you need by doing some research rather than actually going to law school. Preparing to write legal fiction isn't the worst reason to go to law school (that would be "keeping my options open"), but it would be a better use of the time and money to, say, pay yourself to write for three years instead." There is hope, though, for those of you for who can only live variously through "Law and Order." "I don't think it's necessary to have a law degree to write legal fiction," says Jacobs. "John Lescroat is a prime example of that. He's successful and his books are good. He does have a close friend who is/was a district attorney and John uses him for a lot of "research." I think authors need to get it right, however, and someone who is familiar with rules of evidence, or with the inner workings of a law firm, for example, will be able to add a richness of detail to their writing that someone without that background might not. My dad is a lawyer, and as a profession, they seem like a busy sort. So how does an attorney without a lot of free time make room for writing? "The challenge is the same for other writers: finding the time to do it without quitting your day job," says Kane. "One law professor I know writes during the summer or on sabbatical. Some lawyers turn to fiction as an act of catharsis. I started when I got my first computer 10 years ago and pounded out a manuscript at the office on weekends and early in the morning before the phone started ringing." In the meantime, aspiring legal writers may have to look hard for venues other than the novel to publish their work. "There may be short stories published from time to time whose protagonists are lawyers, but it's hard to imagine a shorter form doing justice to the complexity of the lawyer-client relationship which is the central drama," says Kane. (Blogs may be an exception - Anonymous Lawyer originated as one.) "
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