Q: I am writing a memoir and need to know if I can use real names in the book. I am going to write about some terrible experiences and some don’t show people in a favorable light. Can I use their names? Also, how can I be sure to protect myself from any possible litigation? --Anonymous
 
A: Writing about real people in your life is tricky, especially if you cast them in a negative light. Once you put it into print there’s always a possibility of a lawsuit. Augusten Burroughs, rightly or wrongly, was sued by the family of his psychiatrist for Running With Scissors (the family accused him of making up events to make his book more marketable).

According to legal expert (and friend of “WD”) Howard G. Zaharoff, there are two rights you must respect: disclosure and defamation.
 
“The right to avoid disclosure of truthful but embarrassing private facts is the first right,” says Zaharoff. “For example, I am reading John Sandford's latest Prey novel, in which a well-known politician is accused of having sex with an underage woman. She offers proof that she had sex with him by describing two semicolon shaped freckles on his testicles. Unless they are relevant to an important and truthful account you need to tell, I would avoid that kind of disclosure.”

OK, I’ll give you a moment to get that mental picture out of your head. But you get the point. Don’t share negative or embarrassing information unless it’s absolutely necessary to your story. It can only hurt you. Back to Zaharoff:

“Second, U.S. law prohibits defamation, that is, oral or written falsehoods that hold the subject up to scorn or ridicule. Every negative statement you make about a living person must be true and, ideally, supported by evidence.”

Of course, if you say something so awful about a person you will always risk a lawsuit, particularly where your only support is your word. And, Zaharoff notes, that's a costly experience even if you ultimately win, and there is no guarantee you will.
 
So the real question is, How do you tell your story without risking any form of litigation? Disguise the names and biographical data and make sure that no one can identify the subjects from your description. Use a pseudonym if need be. And ALWAYS (it’s in all caps for a reason) talk with a knowledgeable lawyer first. A little cash now can save you a lot of cash in the future.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Friday as I try to give you more insight into the writing life.

Q: Is there a way to verify the legitimacy of Internet-based sites that offer writing classes? How can I check on their standing in the business community?—Cynthia Cheng

A: Ah, the Internet—where anyone can be an authority on anything. You’re right in wanting to protect yourself, and one easy step is to contact Writer Beware or Preditors & Editors and ask if any complaints have come in about a particular site. Victoria Strauss, a founding member of SFWA’s Writer Beware, also suggests asking the Web site in question for references.

“Whoever’s running the courses should be willing to provide a few e-mail addresses” of others who’ve taken the course, says Strauss. “If this request is refused, caution is in order.”

Other things to look for on the Web site include full disclosure of the writing teachers and their backgrounds, class topics and fees. Strauss says questionable operations will often omit much of this information. Just the same, if you do use a program that turns out to be a scam, contact both Writer Beware and Preditors & Editors and let them know.


Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Friday as I try to give you more insight into the writing life.

Q: I’ve finished my book, landed a contract and have a publication date. Should I hire a public relations specialist to spread the word? –Ozzie G.

A: While most of us don’t have loads of extra cash to drop on hiring a PR specialist, most of us don’t have a bestseller on our resume either. But if your book is purchased by a publisher and you want to see better sales results, it may be worth at least entertaining the idea.

Publishers tend to put few (if any) resources into marketing books, particularly books from first-time authors. Hell, you’re lucky if you get your own page on the publisher’s website. A good PR representative can open marketing avenues that you either don’t have access to or hadn’t crossed your mind. And a great PR rep will help increase your visibility in places where it counts.
 
Searching for a PR rep is kind of like searching for a babysitter—you need someone you can trust, someone who will do a good job and someone who will give your “baby” the attention it deserves. After all, you don’t want to waste your money on someone who will send out a few faxes and call it a day. It’s important to check references. Ask what results she has had with similar books and seek proof of those results. Also, check out the Public Relations Society of America’s local chapter or the communications program at your local university. Here you can find a list of publicists to choose from.
 
The cost of some PR reps can be high—from $500 to $4,000 per month or higher—but you have to think of this as an investment. Always expect a return on this investment. And even if you decide that a PR rep isn’t for you, just by doing some research you may be able to pick up on a few of their best practices.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Friday as I try to give you more insight into the writing life.