Category Archives: The Writing Life

Welcome to Legal Month at the Fictorians!

Writers are business people. We own our enterprises and are responsible for them. While we often focus on the craft of writing on this site we felt a walk on the business side was necessary. We’re going to spend much of March looking at issues writers, and all business owners in fact, need to know about the law such as taxes, necessary record keeping, agents, contracts, indemnification and reversion clauses, copyright, creating your business, creating publishing company, and much more. An important note about this month: We’re not providing legal advice and if you have specific questions about the law and how it applies to your situation, please contact an attorney where you live.

Five facts about the law every business owner needs to know:

FACT 1 – Anyone can sue you.

Legal disputes are part of the cost of doing business. For the fiscal year ending September 20, 2012 (the most recent one I could find statistics on), the United States Federal Courts had 278,442 new civil law suits filed. http://www.uscourts.gov/Statistics/JudicialBusiness/2012.aspx While this number represents a decrease in filings from the previous year it’s still a respectable number. Keep in mind too that this figure doesn’t take into account new cases filed in a state court. While there are rules against frivolous or harassing law suits it is often difficult to show that any specific case was completely baseless and the other side should have known that their claim wasn’t legitimate when they filed.

Litigation is VERY expensive. A bit of prevention (and expense) can save you thousands on the back-end. A business lawyer’s job is to anticipate what could go wrong and try to give you the best possible protection in case the worst happens. Nothing is perfect though, and the more successful you become the bigger the target on your back. Which brings me to my second point…

FACT 2 – Becoming a Corporation is Inexpensive and Provides You with a Level of Protection.

You are almost always better off operating under a corporate umbrella rather than being a partnership or a sole proprietor. Corporations are considered separate “people” from their owners under American law. As a general rule a person suing a company can only collect their judgment from the company’s asset, not the owners’. Incorporating also allows you to keep profitable ventures separate from more experimental ones or ones losing money. It is fairly common practice for a real estate developer, as an example, to form a new company for every project that way if project X fails the business does not have to use its revenue from successful venture Y to pay off X’s debts. The owners merely pay off as much of X’s debts as they can with whatever assets X has left without jeopardizing their or that of their other ventures’ financial health. Is it necessary for a writer to have a new company for every book? Not generally. Writing is not generally considered a high risk enterprise.

Another advantage to operating through a company is the ability to give yourself a salary and issue yourself a W-2. Being a W-2 employee has several tax advantages. It also means you qualify as an employee and not self-employed when the time comes for you to get a loan, whether business or personal.

FACT 3 – You Are Responsible For The People You Hire.

Employees are a mixed blessing. They are fabulous because they let you do the things you love doing about your business – like writing – and delegate the things you like least or take too much time away from your main focus – for example, maintaining a website or social media presence. The also present their own special set of legal challenges. But I’m to not going dwell too long on theses since that’s a several post long discussions. Let me point out two though.

Your employees are part of your public face. Their acting badly reflects on you. Choose your agents, publicists, editors, lawyers, accountants, and employees with care. In this highly visible world a stray (or not so stray) comment on a social media site can bring down an empire. After all, it only took the Doctor six words to bring down an administration.

Ensure you classify the people who work for or with you properly. While it might be tempting to classify your helpers as independent contractors spend time with a lawyer to make sure they qualify under the IRS guidelines. Understand that all exempt (from United States Federal Overtime requirements) employees are salaried, not all salaried employees are exempt. There are also state laws governing when an employee must be paid overtime. Again this is a classification issue and some up front time with a lawyer can save your business.

FACT 4 – You Will Be Deemed to Know the Law and What Your Contracts Say Even if You Don’t.

Ignorance of the law is not a defense. Don’t sign any document you haven’t read. If litigation results a court will deem you to have known and understood a contract’s terms. Lots of nasty upsets can be avoided simply by reading a contract. Know what you’ve agreed to. If you don’t understand, I mean really understand, what you are being asked to sign, DON”T SIGN IT and seek legal advice first. Renegotiate the unacceptable terms. Sometimes walking away from a bad deal is the best you can do.

FACT 5 – Words Matter.

This last one shouldn’t surprise you. After all, who knows that words matter than a writer? Fellow Superstar Attendee Mignon Fogerty aka Grammar Girl once asked me if it was true that lawyers litigated over the placement of a comma. The answer is “sometimes” as comma placement can change a sentence’s meaning. I’ve litigated the meaning of “unique”, and “exclusive” and, yes, exactly what a clause modified (i.e. did the comma mean anything?).

Do not accept a word you do not understand. Contracts, especially older ones, use the word “witnesseth.” When I’ve struck the word and asked the other attorney what the term meant…well, let’s just say I manage to get it struck most of the time. Why? Because it’s unnecessary. “Witnesseth” means “to take notice of” rather than to “witness” a document. Since the word comes before the signature lines it’s a bit obvious that the person signing has “noticed” the document. We’re going to have posts focusing on specific words in indemnification and reversion clauses so I won’t belabor the issue about the meaning of words here.

Keeping these principles in mind won’t guarantee that you’ll never have a legal dispute. But they just might let you know when to seek professional help from lawyers or tax professionals.

I hope you enjoy the upcoming month, and come back for more great information.

Disclaimer:

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney
to obtain advice with respect to any particular issue or problem. No attorney-client relationship has been created. Legal information is not the same as legal advice — the application of law to an individual’s specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.

Lovable Monsters

February 27, 2014

Tristan Brand

The Writing Life 1 Comment

I’ve loved my share of monsters.

As a reader, I mean. Usually, they’re the kind of monsters who kill bad people. But sometimes, even when they don’t, you can still understand them, empathize with them, and even connect with them, a topic that Colette and Nancy have touched on in their posts this month.

Then, I met a really nasty sort. A crippled torturer by the name of Sand dan Glokta who lurked within the pages of Joe Abercrombies First Law trilogy. Glokta is even one of the major PoV characters. He’s exactly the type of character that seems designed to be hated. Funny thing is, I didn’t hate him. In fact, he may be one of my favorite characters ever, and judging by discussions I’ve read online, I’m not alone.

The writer in me wants to know why Glokta is so compelling. On the surface, he seems indefensible. His sense of morality is anemic at best. Some of his victims may be deserving, but others are less so. There’s no obvious “save the cat” style scene early on to create likeability. Instead, I think Abercrombie uses a more subtle series of techniques that allows readers to connect with Glokta.

First, introspection. Immediately upon being introduced to Glokta we find him asking himself, why do I do it? This motif continues throughout his character arc. Many of us find ourselves, at some point in our lives, questioning what we’re doing, trying to figure out how we got there. Glokta’s inner reflections also give us hope that he might redeem himself still. That he might realize what he’s doing is wrong. They turn him from a monster to a flawed human.

Second, he’s understandable. Once a famed officer and accomplished duelist, Glokta was captured by his enemies and tortured for two years. The experience left him badly crippled and in constant pain. Returning home, he found himself turned away by many of his friends and left with few options, ended up joining the inquisition. Though we might find him morally repugnant, we can still imagine how bitter the world most look to Glokta, filtered through so much bitterness and pain, for we all have our own dark moments where we contemplate, if briefly, doing dark things.

Third, his enemies are worse than he is. The old adage ‘the enemy of my enemy is my friend’ is an adage for a reason. Glokta serves as antagonist to some truly vile people. In comparison, he seems downright heroic at times, as he fights against deeply rooted corruption and powerful organizations.

Fourth, Abercrombie makes deft use of authorial sleight-of-hand. Whereas we get many pages of Glokta reflecting on things and plotting against his enemies, torture is given relatively few, if any at all. Abercrombie often fades to black before the worst parts, especially early on in the series. This speaks to the power of editing. Just as in reality shows, real people can seem heroic or villainous depending on which few minutes of the day we see them, so can characters in books.

Fifth, tone. The world in the First Law is not a happy one. The novel sets different expectations from the start. The characters are all heavily flawed. There is no immaculate hero for us to set Glokta next to. His pain, his shades of gray, even his acts of evil, fit well within the world.

Not all readers will enjoy a character like Glokta. I’m sure more than a few are so repulsed by him that they wouldn’t finish the series. But, as Abercrombie and other authors like George R.R. Martin have shown, there’s clearly an audience for such characters. They take a great deal of mastery to write without alienating your entire readership, so I wouldn’t advise writing one lightly, but if you do, study Glokta carefully. And maybe you’ll find yourself loving a monster too.

Making the Fear Personal

February 26, 2014

Leigh Galbreath

Character Craft & Skills Horror Leigh Galbreath Storyline The Writing Life No Comments

Over the last month we’ve been looking on the darker side of things, and at the way love and terror go so very well together. And they should, really. They are the most basic and universal of human emotions. They are intertwined and hardwired into our psyches, a part of the survival instinct that keeps our species alive and multiplying. They transcend culture, class, and temperament.

For instance, people feel envy over different things and react to it in different ways. I may never sympathize with someone enraged by some slight or another, even though I may understand it on a logical level. But someone who is terrified?

Absolutely.

The funny thing is that, many of us silly humans, seem to still feel that our emotions are unlike anyone else’s. “No one else can understand my heartache or my terror,” we tell ourselves. “They can’t know what I feel. Not really.”

Well, actually, yes, they can. That’s the basis for group therapy, after all, but we do like to feel like we are all the beautiful, unique snowflakes our mothers told us we were, don’t we?

From a writer’s perspective, the universality of these emotions and the vaulted position people like to place their own emotional experiences rather works in our favor. Love and fear are so ingrained in the human psyche that it’s hard to write compelling fiction without tripping over them both while gazing off into the clouds of our imaginations.

Fear is probably the first and most vital of emotions. The need to not get eaten by something big and bad, after all, is the primary instinct of most creatures on this planet. The fear of death, failure, disappointment, loneliness, and pain is prevalent across the fiction board. Fear is the root of tension and plants doubt in every protagonist in just about every book ever written. Small or large, incidental or monstrous, we all recognize the people we’re reading about when their fears are put on the page, and we all hope they overcome their fears somehow, even if (or especially because) we often cannot overcome our own.

At the same time humans are pack animals, and so it’s no surprise that we feel the need to include the binding emotion of love in our stories. The characters don’t necessarily have to be involved in the affair of the century. They simply have to care about something or someone. A character who cares for nothing, is…well…rather boring, to be honest. The anti-hero, Riddick, doesn’t care about anything or anyone when we first meet him in Pitch Black, but it is through his slow turn toward caring for the individuals around him that he becomes human to us, someone to sympathize with. I don’t think anyone could ever say that his caring strays to the romantic—the man is, after all, a psychopath—but his attachments motivate and drive him through multiple films. He changes from a monster himself, into one of us.

Or rather, I should say, his attachments mixed with the inevitable fear of losing those attachments, is what motivates him. It all comes back to the fear in fiction, doesn’t it? Loving or needing something might be readily recognizable, but it’s the fear of losing those things or of them turning against us, that really makes it worth reading.

Anytime love and fear end up on a page, we’re using the universal to make a moment personal. We give the readers something almost subconsciously familiar, made interesting by being seen through someone else’s eyes. We show a window into emotional lives that, at first blush, looks nothing like the reader’s, but in actuality uses their personal experiences to pull them further into the story.

We writers often struggle to write something compelling and moving. It’s nice to get a free-bee every so often.

How to Build a Murderer

February 25, 2014

Nancy

Character Craft & Skills Horror Nancy Greene The Writing Life No Comments

Horror and mayhem are all about the villain. Your murderer has to be as real as and smarter than your hero, whether your hero is a street smart cop, a yoga teacher framed for the killing or a busy body old lady. And really, why would anyone invite Ms. Jane Marple (Agatha Christie’s heroine) or Jessica Fletcher (Murder She Wrote) to a party? People are falling down dead all around them. All the time.

But I digress.

The challenge in writing a murderer is to push past your own personal revulsion at what the character does and see why he does it.

Why do we love Professor James Moriarty as much as Sherlock Holmes?

Because Moriarty is a whole and terribly wounded person. He has wants, needs and his own (internal) code of conduct. He is at least as clever as, if not more clever than, Sherlock. Moriarty is who Sherlock could have been if he’d been nudged down a different path.

My current work in progress is an urban fantasy thriller. So how did I create a murderer? I did what any writer would do. Research.

I’m probably on the NSA’s watch list based on the serial killer searches I ran from my computer. I read lots of thrillers, murder mysteries, and true crime novels. I took notes. I read craft books including James N. Frey’s How to Write a Damned Good Mystery: A Practical Step-by-Step Guide from Inspiration to Finished Manuscript. I highly recommend Frey’s book to anyone writing in this genre.

My research confirmed a lot of what I suspected. What makes a good murderer? According to Frey:

“1. Our murderer will be evil.” Frey defines this as someone who is acting out of his or her best interests. I’ll add that this drive toward self-satisfaction will be overwhelming. Our killer doesn’t care who he hurts as long as he gets his selfish desires.

“2. Our murder will not appear to be evil.” Sadly, real life bears this principle out. Ted Bundy, John Wayne Gacy, and Aileen Wuornos all looked respectable. Bundy worked a crisis hotline. The idea of evil lurking just under the skin is central to horror stories. Also, if the bad guy is the obvious suspect you fail to create the tension needed to maintain a horror, mystery or thriller.

“3. Our murderer will be clever and resourceful.” Sherlock would not spend his life trying to catch Moriarty if he wasn’t clever or resourceful. The near miss, the hero arriving moments too late, creates tension and makes the chase all that more thrilling. We read thrillers and murder mysteries for the chase and inevitable capture.

“4. Our murderer is wounded.” A deep psychological wound drives our murderer. After all, he’s taken a step (or several dozen) past the line. He’s gone from thinking of ending someone’s life to actually doing it. Like Jack the Ripper, he may take his crime beyond mere murder and mutilate his victims. He’s shattered the veneer of civilization we all live with, and something outside the normal has made him do it. He (often) justifies killing because of this emotional wound. This is probably the step that most “failed” (defined as stories that didn’t capture my attention) stories miss. Without this driving force shaping your murderer he will feel like a two-dimensional character or a cliché.

“5. Our murderer is afraid.” Even with the thrill of the kill the murderer must worry about apprehension. His fear mixes with an intensifies his other emotions. Your character needs to feel fear whether fear of discovery, losing what he’s built or something else. Fear is a defining human trait. We all fear something. Often many somethings. Fear of failure. Fear of being not good enough. Fear of being discovered as a “fraud.” Without fear a character is a sketch.

Lots of craft books spend time on getting you to flesh out your characters. Your killer should be the most fully realized. You need to know his history and all his actions even though most will never make it into the story – only the results. The psychology of a killer is in many ways more important than his physiology. Merely hitting the high points of psychopathy – like most serial killers in their youth have tortured or killed animals – isn’t enough. Merely hating women isn’t enough. Something in the killer’s path has pushed him over the line from malcontent to murderer.

Did he accidentally kill someone in a fit of temper and “get away” with it but now he has to kill again to protect the life he’s built since (the example Frey uses in his book)? Did he like the thrill? What is he afraid of?

Simply put, if you don’t know how your killer got to the point we find him in this story he’s not going to be very compelling.

Frey spends about 20 pages on developing your murderer and becoming intimate with him. Obviously, I can’t do justice to Frey’s advice in the space of a blog post. But let me leave you with this:

Murderers are three-dimensional characters. They are clever, not just lucky. They are “evil” in the sense that their desires are the most important thing in the world to them. They are highly damaged people. Unless you know what drives your killer (his wound) you can’t know how he kills and won’t keep your reader engaged.

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