[image error]Write what you know . . .

That has been an adage for writers for a long time. It’s not write what you like.

And many times, before the advent of the Internet, authors travelled to the places, and did the things they wanted to write about. Today, we have information, and facts right at our finger tips, literally (well it’s only literally there if you’re in front of a keyboard). Still sometimes we take license with facts. Perhaps, some may think it’s just for the fun of it, but to me, it makes the reader have to suspend disbelief more and more with every egregious misuse of a fact. And more importantly, as self-published authors, readers and critics are scrutinizing us even more.

I mix fact with my fiction. I research the truth about a matter, and write my stories around that. I have been called a Fact Czar, because I can see logic gaps that perhaps others wouldn’t. I think I can because of my training as a lawyer.

When I attended law school, we were trained to see, and argue, a point from both sides – to see the entire picture. When reading, that ability is both a “blessing and a curse.” And it brings me to the point of this article – using WRONG LAW in books.

Oh, how that bothers me!

Life isn’t like on TV, and we should know that. But so many writers take what they see on TV and put it into their books. In my opinion, if you are writing about something you are not sure of, then take the time to look it up. It is worth it to research.

Sure, I get things wrong, we all do, but it isn’t because I didn’t take the time to find out. So, here, free of charge, I will give you tips on writing law into your books.

Miranda Rights. Every writer wants the police officer to tell their suspects, “You have the right to remain silent . . .” Only this is incorrect law. A police officer will never read a person he is arresting his Miranda Rights because they are only read if a person has been arrested AND is being interrogated. Click for Quick & Dirty Law Here. So please, unless your character is in custody and being interrogated, don’t have anyone read Miranda Rights to them.

Divorce Papers. When you get married, you have to go in front of an official to make it legal, so guess what? When you undo it, you have to go in front of an official, too! A divorce is a legal proceeding. You cannot just send papers in the mail, sign them, and viola, be divorced. Just think what kind of ramifications that could cause down the line. There is something called a dissolution, whereby both parties agree to the property division and sign a separation agreement that a judge then signs – with them present to make sure it wasn’t forged or signed under duress. But when there is a disagreement (even when one party disagrees on getting the divorce) it is called a contested divorce, and no signing of papers will do anything – no matter how long your character stares at that brown envelope on the kitchen counter . . . Click for Quick & Dirty Here. Let your character have to go to court, it is true in ALL cases, and it will make your story more realistic.

The Legal System is Slow. No one in real life goes to trial in a week or two (or three). It is a very, very long process sometimes taking months or years to bring a criminal to justice. Click for Quick & Dirty Here. There are different phases of the trial process, so certainly you can have your villains get thrown in jail, and processed, but arraignment and pre-trial is probably as far as you can get with the timeline in most books.

There are No Surprises in Court. A prosecutor or defense attorney is not allowed to spring surprise witnesses or information on the other party. That is called a “trial by ambush,” and is grounds for a mistrial. What happens is that each side is allowed discovery where that information is provided beforehand. Sure, information comes up where one side wants to hit home a point made by a witness that has taken the stand, but any new information has to be shown to the other party and approved by the judge before anything or anyone else is allowed into court. Click for Quick & Dirty Here.

And last (for this time), but not least . . .

Lawyers DO NOT Talk to Each Other During Trial. There is a certain decorum and deference that lawyers have to abide by while in court. They are allowed to speak to the witnesses and with the judge, not to each other unless they are at sidebar. So there is no yelling going on between them, no, not even a small conversation. So please, authors, keep your lawyers quiet! Shhh!

Yes, it’s fun to write courtroom scenes, and justice for our characters, but it’s also important to get it right!