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Writing about family in a memoir without a lawsuit or a family rupture

TL;DR: Family is the most complicated part of writing a memoir, legally and personally. The legal risk is real and much narrower than most authors think, and the family fallout is the harder problem, one memoir writers have been working out for decades.

Your family is part of your story, and I don’t think anyone should have to leave a mother or a marriage out of a memoir because of a lawsuit they imagined. The law draws a narrower line than most authors fear. The family draws a wider one, and I want authors to take that line seriously before they write a word.

The fear of getting sued by family stops more memoirs than anything else I see. Most of that fear is overblown, and some of it isn’t, and knowing which is which is the job.

What does the law prohibit in memoir?

Three legal concepts cover most of the territory where memoir authors get worried, and only two of them produce real legal risk.

The first is defamation. That’s publishing a false statement of fact about a living person that damages their reputation. Second comes invasion of privacy. It has variants, and the core one is public disclosure of private facts, in a way a reasonable person would find highly offensive and that carries no legitimate public concern.

The third is intentional infliction of emotional distress, a high bar to clear that rarely applies to memoir.

A memoir about your difficult relationship with your mother isn’t defamation if what you say is true.
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Notice what’s missing from the list. Truth about living people, even unflattering truth, isn’t by itself any of those three.

A memoir about your difficult relationship with your mother isn’t defamation if what you say is true. A book about your father’s drinking isn’t invasion of privacy if your father drank publicly and the conduct affected family members materially. For more, see Is my life interesting enough for a memoir? Probably yes, and here’s the test and memoir, autobiography, and biography.

The law is narrower than the worry. Most of what authors fear is uncomfortable.

Very little of it is illegal. If your book could end up in court, have a lawyer read the manuscript before it goes out. The working principle is that truth and matters of legitimate concern are protected. See my memoir process for how I handle it.

What do memoir writers worry about besides the law?

Most memoirs stall on the relational questions. Even when nothing in the memoir is legally actionable, the family members who appear in it react in ways that change the author’s life afterward: a mother reading herself in chapter three, a sibling whose dignity comes back rearranged, or a former spouse whose affair becomes public. The reactions are predictable: anger, hurt, withdrawal, sometimes estrangement that lasts years.

Authors who want to write the memoir but can’t tolerate the relational consequences are facing a real choice. The choice is which version of the relationship matters more. The version after publication, with whatever rupture or repair comes from the family reading it. Or the version that exists without the book.

Both are defensible choices. The mistake is pretending the choice doesn’t exist, or that legal precautions will eliminate the relational risk.

Most writers protect themselves legally and forget about the relationships until something blows up in their face. The relationships are usually what makes an author finish the project or drop it.

Divorce and bad-marriage material comes up in my memoir work all the time, and the client almost always starts out hurt and wanting revenge.

I talk them down from that and coach them toward balanced wording about the ex. Clients end up liking the result, and it’s legally safer. I also think it’s the version the kids can stand to read someday, and a memoir that settles a score usually costs the author more than the score was worth.

Technique one: name changes and composite characters

The simplest technique is changing the names of living people whose privacy concerns you, with a brief disclaimer in the front matter saying so.

The technique is widely used in memoir and recognized as standard practice. It doesn’t eliminate legal risk, because context can identify a person even with the name changed. It does reduce the obvious version of the risk, and it signals to readers that you took reasonable care.

Composite characters merge two or more real people into a single character in the memoir.

The technique is more controversial than name changes because some readers feel composite characters compromise the memoir’s truth claim. The professional middle position is simple. Composite characters are acceptable for minor figures, where identifying an individual doesn’t matter to the story. They’re unacceptable for major figures, whose identity does. Memoir writers who use composites should disclose the practice in front matter so readers understand what they’re reading.

The Book Discovery Intensive handles these structural decisions early in the engagement so they’re settled before the writing begins, instead of discovered as problems in chapter eight.

From the podcast

I put it bluntly on the Adulting with Autism podcast: if somebody’s doing you harm, go no contact with them. It doesn’t matter who they are. If a simple communication won’t stop it, you’re done. That’s exactly the tension a family memoir has to work through on the page.

Technique two: scene reconstruction with disclosure

Memoirs can’t reproduce decades-old conversations verbatim, because no human memory works that way.

Memoir writers reconstruct scenes from their best recollection, sometimes with help from journals or letters of the period. Then they disclose it, in the front matter or an author’s note, saying the scenes represent memory instead of recordings. The technique is standard, readers accept the disclosure, and the practice has been the norm in memoir for as long as memoir has existed.

The law draws a narrower line than most authors fear.

The reconstruction has limits. A scene where you put specific defamatory statements in someone’s mouth that they didn’t say is invention with legal risk. The line is between reconstructing the substance and emotional tone of conversations that happened, protected, and inventing conversations to support a claim about a person, unprotected. Memoir writers usually know where this line sits because they’ve crossed it once and learned. New memoirists need someone to help them see it before they cross it.

This is the line I care about most when the book is somebody’s family. A person who was wronged wants the villain to say the cruel thing out loud, word for word, and if the villain never said it, it doesn’t belong in the book. Invented dialogue is where a truthful memoir turns into a legal problem and hands the family member a real grievance to wave around.

Technique three: advance conversations with family

The technique that protects relationships best is having direct conversations with family members who will appear in the memoir, before the book is published, about what you’ll be writing and why. The conversation is about giving the family member information they’d otherwise discover on publication day, the timing that produces the worst reactions.

The conversation is hard. A family member’s first reaction is often objection, and the author has to be prepared to hear it without committing to changes that compromise the memoir. It gives the family member time to get angry in private, so by publication day the worst of it has already passed. They may still be unhappy. They’re usually less unhappy than they would have been discovering the material in the published book without warning. Authors who skip this step and surprise family on publication day produce the ruptures that are hardest to repair.

What if family asks you not to publish?

Some family members will ask the author not to publish, or to remove specific material, or to change the book in ways that would compromise it. The author has to decide what to do with these requests, and there’s no formula. Some authors decide a particular request is reasonable and accommodate it. Others decide the request would gut the memoir and proceed despite the objection. Either choice is defensible, and either way you’re the one who has to sit across from them at Thanksgiving.

The wrong move is making promises in the moment that the author can’t keep. “I’ll think about it” is acceptable if you will. The phrase “I’ll change it” shouldn’t be said unless the change is going to happen. And “I won’t publish it” shouldn’t be said unless that’s the decision.

Family relationships survive plain disagreement better than they survive broken promises. The author who’s upfront about what they will and won’t change keeps more of the relationship than the author who promised everything and changed nothing. That second kind of author is a cheat, because the family finds out on publication day that they were being managed.

My take

Warn your family before the book comes out. A hard conversation months ahead lets them get angry in private, and surprises on publication day cause the ruptures that are hardest to repair. Never invent the cruel line the villain didn’t say. An invented quote can turn a true memoir into a legal problem. Don’t promise changes you won’t make, either. Families survive honest disagreement better than broken promises.

Before publication, a legal review by a lawyer experienced in memoir or publishing is worth the cost on any book that involves heavy material about living people. The review identifies the passages that carry legal risk, suggests revisions that reduce risk while preserving the memoir’s truth, and produces documentation that the author exercised reasonable care. The cost is typically one to three thousand dollars depending on book length and complexity, and the protection is meaningful.

Authors who skip the legal review usually do so because the project budget didn’t include it. The fix is to include it in the budget from the start, the way editing and cover design are included. The cost is small relative to the cost of a legal dispute, and the peace of mind for the author and the family is worth the line item. A piece on the all-in cost of a ghostwritten book covers where this fits in the overall budget for memoir projects.

Write the truth, write it fairly and keep your notes. Get a legal read if the book is going to sting somebody. Your story belongs to you, and I think it’s a damn shame when someone gives it up over a lawsuit that was never coming, or blows up a family over a chapter that a little care would have made fair.

From the author
The Ghostwriting Advantage by Richard Lowe

The Ghostwriting Advantage
Family material is where a good ghostwriter earns trust. The Ghostwriting Advantage is my book on how to get your memoir or business book written for you.

Frequently Asked Questions

Can I get sued for writing about my family in a memoir?
Possibly, but the legal risk is narrower than most authors fear. Defamation requires false statements of fact, not unflattering truths. Invasion of privacy requires public disclosure of private facts that aren’t of legitimate concern. Truth and matters of legitimate concern are generally protected, but consult a publishing lawyer for your specific situation.
Should I change names of family members?
Often yes. Name changes are standard memoir practice and reduce the obvious version of legal risk. The change should be disclosed in front matter. Identification can sometimes still be inferred from context, so name changes are protection but not absolute protection.
Can I reconstruct conversations from years ago?
Yes, with disclosure that scenes represent memory instead of recordings. The reconstruction has to be honest to the substance and emotional tone of conversations that happened. The invention of conversations to support claims about a person isn’t reconstruction and carries legal risk.
Should I talk to family before publishing?
Usually yes. The conversation is hard but produces better outcomes than surprising family on publication day. The point is to give family members information they’ll otherwise discover in print, the timing that produces the worst reactions.
Do I need a legal review before publishing?
For any memoir with real material about living people, yes. A publishing lawyer reviews the manuscript for legal risk, suggests revisions, and documents reasonable care. Cost is typically one to three thousand dollars. The protection is meaningful and the cost is small relative to potential disputes.
Can I write about my children in my memoir?
Yes, it’s your life and they’re in it, but they didn’t choose to be in a book. Stick to what shaped your story, change or drop names where it protects them, and leave out anything that would follow a minor child around. Ask them first if they’re old enough, and have a lawyer read anything that touches a custody matter or another parent.
What if my kids learn things about my past from my memoir?
Tell them before the book does. Hearing it from you first gives them a chance to ask questions, and finding it in print feels like an ambush. Give adult children the relevant chapters before publication and let them react, and be ready to cut; a family once asked me to leave them out of a book, and a whole chapter came out.

About the Author
Richard Lowe, professional ghostwriter

Richard Lowe is a professional ghostwriter and author with 113+ books authored and 54+ ghostwritten. Before writing full time he spent 33 years in enterprise technology, including 20 years as Director of Computer Operations and Technical Services at Trader Joe's. He writes nonfiction, fiction and memoir, and works with executives and experts on books that build authority.

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Disclaimer

The views and opinions expressed in this blog post are solely those of Richard Lowe and are based on personal experience and research. This content is for informational purposes only and should not be construed as professional legal, financial, accounting, or business advice. Always consult with qualified professionals before making important business or legal decisions. Richard Lowe is not a lawyer, accountant, or licensed professional advisor, and this content does not establish any professional relationship.

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