Introduction

A legal thread runs through the fictional world. Writers of novels, short stories, plays, screenplays, and television scripts often find themselves telling stories that involve legal issues—whether those issues are central to the plot, fill in the backstory, or illustrate an aspect of a character’s personal history. Mysteries and thrillers in particular involve the “real world” of the law, courts, and crimes. Writers want to use the law realistically and accurately, while telling a good story.

But the law can be complicated and confusing. Even writers who enjoy research can be daunted by the volume of resources available or overwhelmed by misinformation. Writers can easily feel like Alice after she’s fallen down the rabbit hole, unable to sort truth from illusion. With a better understanding of the legal world, writers can use the legal aspects of their story to full advantage and avoid the mistakes that annoy readers.

Books, Crooks and Counselors teaches you, the writer:

•  The Facts. With fifty states plus the federal and tribal systems, the American legal system is enormous and varied. Figuring out the terminology and procedure takes time away from your focus on plot and character, language and setting. Is the prosecutor known as the district attorney or DA (New York), the county prosecutor (Washington State), or the county attorney (Montana)? Will a grand jury be called? Might a character’s conviction be appealed? How long does an appeal take, and will the process affect your story’s time line? Books, Crooks and Counselors shows you how to identify critical legal issues in your stories and handle them correctly, using the right terms.

•  The Thinking. Lay people don’t think about the law the way lawyers and judges do. Courtroom behavior follows its own code, largely unwritten and largely unknown to the public. This book gives you the insight to create more compelling characters and action.

•  The Dialogue. Courtroom dialogue is a unique language. This book answers writers’ questions about common legal terms and phrases.

•  The Procedure. Whether the protagonist is a professional or an amateur, crime stories often involve both an official and an unofficial investigation. This book answers questions about legal procedure, such as when a suspect is arraigned, how bond is set, and other inside details that will add veracity to your story.

•  The Setting. This book helps writers visualize how a law firm works, how a courthouse runs, and how a lawyer navigates his or her way through the system.

Books, Crooks and Counselors answers questions on more than 160 legal topics in twelve chapters. Because state law varies, answers focus on legal concepts and principles, and on common variations. Some questions relate to civil law, such as adoption, probate, and malpractice. Where civil and criminal procedures differ significantly, I’ve explained the differences. I’ve also included a short guide to research, with resources for finding local laws and procedure.

Readers expect writers to get the facts behind their stories right—or, at the very least, to create a plausible scenario that seems logical and true. Yet it’s not enough to know what the law is; writers need to possess the knowledge of how best to use a legal problem, procedure, or scenario to advance their story. I’ve practiced law for more than twenty-five years, in two states, in the federal system, and in tribal courts. This book gives writers the benefit of my experience, tempered by my perspective as a published fiction writer.

A Few Notes

Of course, nothing in this book is intended as legal advice, and nothing included here should be relied on in handling specific “real world” legal problems. These pages are intended solely for use by writers devising fictional plights.

Keep in mind that because laws and procedures vary widely and sometimes change, you should check the status of any law that affects key elements of your story. I’ve been as accurate as I could be, but the law is always in flux. I hope by the end of this book you’ll know how to research key issues yourself.

Many resources and references mentioned here are websites. Whenever you see “Check Book Links” in the text, you’ll find a link on the “Book Links” page on my website, LawAndFiction.com.

Most of the questions in this book came from writers; however, I created others to address topics writers often ask about at mystery conferences or on Internet discussion lists. A few involve problems I’ve seen in books and manuscripts. I give my thanks to the writers who’ve asked the questions. I hope my answers give writers of all variety of stories concrete, reliable information so you can portray legal predicaments credibly and accurately, and keep on thrilling us all with the stories you tell.