Career Alternatives for Attorneys: Writer / Author
Earlier this year, we presented a series of threads on career alternatives for attorneys. As it turns out, there are things you can do with a law degree other than working for a large law firm — and now that large law firms are laying off lawyers and even dissolving, now is a good time to revisit the topic.
One career alternative we didn’t include in the first go-round was living by the pen — probably ‘cuz it’s pretty hard to pull off. As one commenter quipped about another daunting alternative (entrepreneurship), “maybe I should try out for the Yankees while I’m at it.”
Not everyone can be John Grisham or Scott Turow. Being a writer is not so much an alternative to being an attorney as it is something you can do on the side.
Unless your spouse is willing to let you quit your job and pursue the literary dream. Malcolm Gladwell of the New Yorker wrote a piece recently about creativity, and how it is not the sole provenance of the young. The piece revolves around an attorney who quit his job at Akin Gump to become a full-time writer and spent 18 years at it, eventually writing a book of short stories that won the Hemingway Foundation/PEN award. All the while, his wife, a Thompson & Knight partner, acted as his literary patron (i.e., the family breadwinner).
If you have a patron, or if you have lots of creativity, or if you just love spinning tales, perhaps you should think about trying your hand at the writing craft.
Last night, we attended a panel discussion at the New York City Bar Association: Non-Fiction: True Crime Stories & the Truth about Being a Lawyer-Writer. Speaking were JD-holders Thomas Adcock of the New York Law Journal, former Brooklyn prosecutor Dennis Hawkins, and legal PR maven Rosemarie Yu. Thomas Adcock has written seven books, including Dark Maze, which received an Edgar award. Hawkins and Yu have recently had their work published in the non-fiction anthology Brooklyn Noir 3.
All three are patron-less, balancing work with writing. Check out their tips for other aspiring writers, from getting started to getting published, after the jump.
Adcock started the panel off by promoting the New York Law Journal’s Fiction Contest. Lawyers and law students from across the country can enter. The winners gets $1,000 and has their story published in the New York Law Journal Magazine. The deadline has passed for this year’s contest, but you can start working on your submission for next spring.
Lawyers and literature
There was a little conversation about why lawyers can churn out great fiction — e.g., John Grisham, Lisa Scottoline, Linda Fairstein and Scott Turow. Hawkins speculated that both lawyers and authors know that “the right word, and the right sentence matter.” We chuckled a bit when he went on to raise appellate briefs to the level of great literature.The first sentence of every brief is “simple, clear, and dramatic.”
How do you get started?
Adcock, who also teaches creative writing, suggested an exercise for those who want to start writing for the first time. When you’re out on the street, let your eye fall on the most interesting person. Follow that person to see where she goes, whom she talks to, and what she buys. Closely observe her clothes and mannerisms. Then start creating a story around her, imagining her politics, her marital status, her job, her ambitions, etc.
(Around these parts, we call that stalking. But whatever works for you!)
Also, read John Gardner’s On Becoming a Novelist.
How do you get published?
Okay, so you stalked someone, and wrote a great book. Now what? You need an agent.
To find an agent, go to the library and check out a big yellow book called The Writer’s Market (or get it online). It lists agents and the type of material they are interested in representing. Make sure you contact an agent who is (1) licensed and (2) based in New York. New York is the literary hub of the universe.
Alternately, pick up books that are similar to what you’ve written, and find out who those writers’ agents are.
When you reach out to an agent, send them the first chapter or two of your book, along with a capsule summary of what the book’s about. Don’t send the whole manuscript.
Copyright Law
There were a bunch of attorneys in the room, so copyright law inevitably entered the conversation. You don’t need to copyright your work before sending it to a publisher — the work is copyrighted “as soon as you put pen to paper.” But if you’re super paranoid, it’s easy to do, said one copyright attorney/writer in the audience. Just go to copyright.gov, fill out an online form, and pay 45 bucks.
So there’s the outline. And, of course, all writers will tell you this essential piece of advice: you have to sit down and write every day. And writing legal memos does not count.
To all the aspiring writers out there, good luck.




Comments
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First?
crickets.......criCKETS!
first
2nd
The Ass of Cravath compels you! The Ass of Cravath compels YOU!
Elie should pursue a career in writing.
David Baldacci (U. Virginia Law) is another attorney turned author. But, he writes general "thrillers," not law-specific novels, which may explain his success.
Brooklyn, WHAT!
It was a dark and stormy night. While I pondered over a circuit split in the application of "the RCRA" and the application of res judicata in MO, suddenly there came a tapping on what passed as my cubicle "door". As I sat there, nearly napping, the senior attorney came to rapping, rapping about "the RCRA" and how to get a state to act, to act we would implore. Act to enforce subchapter 4.
*writes memoir about the trials and tribulations of the 1L job search...crosses fingers for pulitzer*
-nervous T-10 1L
please email me job information at nervoust101l@yahoo.com
Ah, the dream... And the stalking thing was pretty damn funny. I was thinking the same thing.
writer is an alternative career for anyone.
this post blows.
more about firms opening offices, closing offices, etc.
9:
golf clap to you
$1000.00 and 1 night with Kash to the man who brings me the head of nervous t-101L.
UVA2L
T10 - Noone cares. Just make sure you save your rejection letters for winter fuel. I've kept mine over the last three years now that I have my gov job I will be creating an unemployment pyre to banish the evil spirits that prevented me from employment throughout my law school career.
F Biglaw! May they all go bankrupt.
More on the S&C guy. PLEASE!!!
More on the S&C guy. PLEASE!!!
More on the S&C guy. PLEASE!!!
Guys at my high school looked into career alternatives all the time. It was no big deal.
I don't ever want to see "John Grisham" and "great fiction" in the same sentence again.
More on how to kill nervous guy please. Will the $ 1000 be placed in my paypal account? What will Kash be wearing? etc etc.....
I second 20. Entertaining, perhaps, but not anywhere close to "great fiction."
13. TY. You can see I'm clearly enjoying "the RCRA" as termed by Harmon v. Browner.
20. Amen.
14 - it sounds like you just commissioned a hit. I am going to notify the proper authorities.
14: will you consider $1500 and transportation from ann arbor?
*ponders taking head over to charlottesville...*
-nervous T-10 1L
email me about job information: nervoust101l@yahoo.com
The Ass of Cravath compels you! The Ass of Cravath compels YOU to take out nervous t-10 1L with extreme prejudice!
Can ATL please hire nervous? He provides more entertainment than the actual blog posts.
Best short story ever: Newish Thelen associate doesn't see the train coming. The End.
More on DB!
More on DB!
More on DB!
More on DB!
More on DB!
More on DB!
More on DB!
More on DB!
30-37 - Least entertaining 8 comments ever. At least you could try humor.
38 - Where is your humor? SUCK IT!
38 - new least entertaining comment ever. At least you could try humor.
38...the fact that I was 37 was humor. Suck it.
Former Thelen partner Tom Glascock (aka Glass Cock) here, reminding everyone to have a safe halloween, and don't let the kiddies accept anything made of glass.
I'm just going to go out on a limb and spoil this post. If the reason we are trying to look for alternate jobs is because we are in a full-scale recession, why in the world would it seem like a good idea to write and sell books. 1. Writers make no bank anyway, unless you're John Grisham, Stephen King or JK Rowling; 2. When the nation's economy is in the toilet, the first items people stop buying are entertainment related; 3. if you write thrillers, don't even bother right now because people are depressed about the economy, and when that is the case, they want stories of hope or humor, not thrillers of dramas.
That said, I bet a book on the story of DB would be amusing. Or I bet nervous T10 1L could become a suicidal alcoholic author, whose book we shall never read. Or Elie Mystal could make a dummies guide to mauling the English language. Or I could shut up now. Any of the above.
I agree. Becoming a writer even in good times is like buying a lottery ticket. Indeed, why on earth try it now? I think people will still buy entertainment but it'll be on a monthly subscription to World of Warcraft or to Netflix, not buying anyone's Great American Novel.
I expect publishers -- who are hurting -- to become even more conservative and market only those sure bets who've made their name already, so you can forget about anyone investing in an unknown. Writing for lawyers is an illusory alternative career, which benefits writing coaches and anyone else profiting off people's unrealistic hopes.
The closest that the associates reading this thread will ever get to a literary career is by working as an associate at Barnes & Noble.
Many of you simply do not have good writing skills. Just looking at the briefs and memorandums that are submitted by a nameless top 5 law firm to my company is enough to drive me to despair. Too many people use legal jargon to obfuscate the fact that your argument doesn't hold up to critical thought.
And please -- there's a difference between "reign" and "rein" and "your" and "you're" -- they are not at all alike.
If you make those mistakes, then you are definitely overpaid and should be fired immediately.
~In House Counsel
44 - Chopper to Australia today?
No. Choppered to Kennedy and from there took the company plane to Sydney.
You? A flight on a Southwestern cattle car with kids screaming in your ears.
Who is better off?
Don't hate the player. Hate the game.
~In House Counsel
No. Choppered to Kennedy and from there took the company plane to Sydney.
You? A flight on a Southwestern cattle car with kids screaming in your ears.
Who is better off?
Don't hate the player. Hate the game.
~In House Counsel
This is a great and informative post. I'm bookmarking it for future reference.
44
For some reason I enjoy when individuals call out others on their improper usage of the English language and make mistakes of their own. Thus, I will call you on your mistake.
"Too many people use legal jargon to obfuscate the fact that your argument doesn't hold up to critical thought."
The word "your" is improper; it should be "their," and "argument" should be plural.
Other than that, "obfuscate" is a word with which I can get down.
44
For some reason I enjoy when individuals call out others on their improper usage of the English language and make mistakes of their own. Thus, I will call you on your mistake.
"Too many people use legal jargon to obfuscate the fact that your argument doesn't hold up to critical thought."
The word "your" is improper; it should be "their," and "argument" should be plural.
Other than that, "obfuscate" is a word with which I can get down.
49-50,
Good catch, that.
Thanks.
~In House Counsel
"Just looking at the briefs and memorandums that are submitted by a nameless top 5 law firm to my company is enough to drive me to despair."
I believe you mean "memoranda", Strunk.
In House Counsel is even worse than nervous t-10 1L. Don't give up your day job. The shtick isn't funny.
Now the amount is $2000 and 2 nights with Kash for both nervous t-10's head and In House Chump's head on a platter.
Pride
It's a nice thought, but let's be honest. How many of us have the seemingly effortless writing ability of a Scott Turow or a Hope Winters?
You've really ot to be a skilled writer - on the level of Scott or Hope - to really have a chance in that profession.
Instead of my head, how about a bounty for my wiener? I never use it anyway. I did ride in a helicopter today though!
~In House Counsel
Those are not the only examples of "In House Counsel's" poor writing skills. Here are several more from that same post:
"The closest that the associates reading this thread will ever get to a literary career is by working as an associate at Barnes & Noble."
Your use of "by" is clearly incorrect and unnecessary.
"Many of you simply do not have good writing skills."
More of a nitpick here, but you changed from referring to the readers in the third person in the prior sentence to referring to them in the second person here. That change is not technically a mistake, but it is not an example of "good writing skills."
"Too many people use legal jargon to obfuscate the fact that your argument doesn't hold up to critical thought."
As has been correctly pointed out, your use of "your" is incorrect here. It also fits within the previously noted pattern of unneccessary movement between third and second person. I find the errors to this sentence particularly amusing, given that you tried to use your own SAT jargon to obfuscate the fact that your writing skills are poor.
If you make these mistakes and still have the gall to talk down to others for their mistakes, then you are definitely full or shit and should be fired immediately.
52 - Unfortunately, "memorandums" and "memoranda" are both proper. I happen to believe that "memoranda" sounds a lot better, but that is neither here nor there.
-57
I see the grammar Nazis are out in full force. Why all the hostility? Is it because you're finding out that you failed in life or because you're jealous of my success?
Either explanation seems plausible from my end.
I'm sorry that you feel the need to reinforce your manhood by criticizing my writing. People who do that have serious insecurity issues.
I'll be sure to be thinking of you while I'm on a helicopter ride to the company plane to go to the Bahamas while you're collecting unemployment.
Not.
I hear that B&N laid off several associates. You might want to think of applying there. They have discounts for books, I understand. You can use the books in a bonfire to keep yourself warm this winter.
Warm regards,
~In House Counsel
Oh boy, poor little In House Counsel can dish it out, but he sure can't take it. Its totally kosher for him to criticize other peoples' supposedly poor writing, but, oh my god, how dare you criticize him for the numerous actual flaws with his own writing. You would only do that to him if you were a hostile, jealous grammar Nazi with penis envy. Logical argument, IHC, I'm sure you can really feel proud of yourself for assembling that one. Go ahead, pat yourself on the back, you're special. Not.
Can we cool it with flippant Nazi references? Sorry, but grammar nitpicking just doesn't come close to genocide.
in house counsel, its ok, don't cry. I'm sure the helicopter pilot will still be your friend, even if you suck at writing. He's probably not a good writer either.
I may not be perfect at the first draft (let alone on Internet postings), but I think I do better on the second and third (or even fourth and fifth) versions.
What I was criticizing was the published (and presumably partner reviewed) material that I get on a daily basis.
But that's OK. I'll give your partners hell and lower their billing rates. As they say.. shit rolls downhill and you'll have the partners breathing down your neck.
Enjoy.
Oh, I don't need friends. You want a friend in the higher levels of law or business? Get a dog.
~In House Counsel
Actually, Kash, the New Yorker article is a review of a book on people whose creativity peaks later in life and does NOT "revolve" around the lawyer-turned-writer. You must either have not read the piece in its entirety or have the reading comprehension skills of a second grader. Good luck getting to the bottom of stories in your journalism career.
I always find it sad when people with poor social skills claim that they don't need friends. As if they were the ones choosing not to make friends, rather than having other people choose for them.
Actually, Kash, the New Yorker article is a review of a book on people whose creativity peaks later in life and does NOT "revolve" around the lawyer-turned-writer. You must either have not read the piece in its entirety or have the reading comprehension skills of a second grader. Good luck getting to the bottom of stories in your journalism career.
In House Counsel = Elie Mystal
Similarities-mass grammar problems; lack of humor; no friends
William Ayers
65,
I think your thoughts on friends and friendships tells a lot about you -- namely you THINK you have friends, but in reality you don't. Your feelings of inadequacy and poor social skills are entirely justified.
But please, by all means, continue expounding on this subject and make a fool out of yourself. It is a free country.
~In House Counsel
Actually, Kash, the New Yorker article is a review of a book on people whose creativity peaks later in life and does NOT "revolve" around the lawyer-turned-writer. You must either have not read the piece in its entirety or have the reading comprehension skills of a second grader. Good luck getting to the bottom of stories in your journalism career.
I enjoyed this post, probably because I still dream about writing a novel one day. :-)
"I'm just going to go out on a limb and spoil this post. If the reason we are trying to look for alternate jobs is because we are in a full-scale recession, why in the world would it seem like a good idea to write and sell books. 1. Writers make no bank anyway, unless you're John Grisham, Stephen King or JK Rowling; 2. When the nation's economy is in the toilet, the first items people stop buying are entertainment related; 3. if you write thrillers, don't even bother right now because people are depressed about the economy, and when that is the case, they want stories of hope or humor, not thrillers of dramas.
That said, I bet a book on the story of DB would be amusing. Or I bet nervous T10 1L could become a suicidal alcoholic author, whose book we shall never read. Or Elie Mystal could make a dummies guide to mauling the English language. Or I could shut up now. Any of the above."
Or "Jackass grabs $100k advance and movie deal":
http://www.amazon.com/Happy-Hour-Amateurs-Decade-Profession/dp/0061349496/ref=sr_1_8?ie=UTF8&s=books&qid=1225560247&sr=8-8
Or "Clerk scores hardcover deal":
http://www.amazon.com/Chambermaid-Novel-Saira-Rao/dp/0802143725/ref=sr_1_1?ie=UTF8&s=books&qid=1225560538&sr=1-1
The first thing people run to in a recession is entertainment.