Legal Question in Civil Litigation in New York
protection from a suit
As a counselor and a minister, I have written a book where some of my former cases are profiled. I have fictionalized each case by changing dates, locations, names, gender, age and in some instances, even the part of the country where the contacts were made. No one would be able to recognize them. However, a few of the clients and most of the former church members will know who I am writing about because they know the substance of what happened between us. I changed the names and locations of the churches where I pastored, fictionalized dates, etc. with a statement in the beginning of the book indicating that these are fictionalized characters. I need to know if this is enough. I deal with Author House, a publisher that does no editing of the book. I have malpractice insurance as a social worker but not as a minister at the present time, but I can get it. I am not trying to breach anyone's confidentiality and I feel that if I water the book down anymore, it will be of no therapeutic value. One character in particular I am concerned about. She actually has a wheelchair and is Peurto Rican. I changed the wheelchair to crutches and her ethnicity to Cuban as well as her age and the location and dates where I met her.
2 Answers from Attorneys
Re: protection from a suit
If the subjects are recognizable to ANYONE, changing their names are not enough to defend against an appropriation or defamation lawsuit. Your best bet would be to secure the rights to publish from the subjects or otherwise get a release from these people. While there may be a malpractice concern, a bigger concern would be a breach of any confidentiality or the subject of any defamatory material which may be published. It is likely that your malpractice insurance will not cover these causes of actions but you may want to check with your agent or otherwise review your policy.
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Re: protection from a suit
I disagree with my colleague. Changing the names and locations is enough to insulate yoiu from legal liability.
The question is whether a person from the community where the subject lives would easily recognize the person from the book. Would the identity 'jump out at' a person from that community.
It sounds like you have done plenty to make the identity less than obvious. (Doesn't your publisher retain lawyers for just these questions?)
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