I'm writing a memoir about Iraq that includes mention of myself, other individuals and a large company participating in criminal, immoral and unethical activities. Just changing the names isn't going to disguise enough to keep people from recognizing the company. What type of attorney do I need to find to review the manuscript and advise me? If the possibility of a lawsuit is high enough then this is going to have to be a fiction novel.
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What type of attorney reviews memoirs?
- Thread Starter Ruhg
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Dharmatess
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(This is where my final year thesis came in handy!)
Generally speaking, a memoir or nonfiction work would be considered safe provided the details are accurate and truthful (even if such details portray a person or company in a poor light). Having said that, if you were engaged in criminal activity, you are generally not permitted to profit from that activity....this can include writing memoirs or accounts if they're sold for profit (of course, you have to be charged and convicted of the crime before this applies - I'm not entirely sure how it would work retroactively). A business or individual generally cannot sue for damages unless the following criteria are met:
1. The statements are false
2. The statements "were made maliciously and intentionally with full knowledge of their falsity or in complete and reckless disregard of their truth or falsity, for the purpose of injuring and destroying a personal and professional reputation" (a mouthful, but one worth remembering!)
3. The person "acted with actual malice" when making the statements.
Be aware though that in the US some states have enacted laws enabling civil actions to be taken, even if the statements are actually true, if it can be proven that the statements were made with the intent on causing harm.
Another considering for you might be that the content may be considered harmful to national security, which would tend to muddy the waters a great deal.
There are many "tell-all" and/or "whistleblower" accounts on the market, as you'll know, and the vast majority (if not all) will have been vetted by the publishing company's legal department prior to publication (OJ Simpson's memoirs notwithstanding....
) - that's certainly the first place I'd check.
There's also a pretty good site here .
HTH.
Generally speaking, a memoir or nonfiction work would be considered safe provided the details are accurate and truthful (even if such details portray a person or company in a poor light). Having said that, if you were engaged in criminal activity, you are generally not permitted to profit from that activity....this can include writing memoirs or accounts if they're sold for profit (of course, you have to be charged and convicted of the crime before this applies - I'm not entirely sure how it would work retroactively). A business or individual generally cannot sue for damages unless the following criteria are met:
1. The statements are false
2. The statements "were made maliciously and intentionally with full knowledge of their falsity or in complete and reckless disregard of their truth or falsity, for the purpose of injuring and destroying a personal and professional reputation" (a mouthful, but one worth remembering!)
3. The person "acted with actual malice" when making the statements.
Be aware though that in the US some states have enacted laws enabling civil actions to be taken, even if the statements are actually true, if it can be proven that the statements were made with the intent on causing harm.
Another considering for you might be that the content may be considered harmful to national security, which would tend to muddy the waters a great deal.
There are many "tell-all" and/or "whistleblower" accounts on the market, as you'll know, and the vast majority (if not all) will have been vetted by the publishing company's legal department prior to publication (OJ Simpson's memoirs notwithstanding....
) - that's certainly the first place I'd check.There's also a pretty good site here .
HTH.
Thank you. I'm so glad you did that thesis.
This gives me something to go on. I have to decide if I should continue this as a memoir or market it as "based on a true story" fiction. I suppose the publisher's legal department could always tell me to change it if being a memoir is too tricky. But, as you mentioned, the circumstances around OJ Simpson's book cause me a little worry.
And thank you for the link. You aren't by chance in Texas are you?
This gives me something to go on. I have to decide if I should continue this as a memoir or market it as "based on a true story" fiction. I suppose the publisher's legal department could always tell me to change it if being a memoir is too tricky. But, as you mentioned, the circumstances around OJ Simpson's book cause me a little worry.
And thank you for the link. You aren't by chance in Texas are you?
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