In Defense of Defending Our Work as Authors

/in , , , , , , , , , /by

Are authors allowed to defend their work? Is an author a bad actor for speaking out in his or her own defense?

When I published my first novel, Dance for A Dead Princess, in 2013, I quickly learned that, according to prevailing professional standards, an author exhibited bad manners if he or she responded to a critical review. Fellow authors informed me that no matter how wrong a reviewer had gotten the plot or the characters or even the spelling of my name, it was strictly forbidden to answer back. Strictly. Even the ad hominem attack, the lowest form of argument, could not be answered. I was also informed that, by and by, I wouldn’t even bother to read the reviews.

I can’t say that I ever stopped reading reviews entirely. Feedback from readers is important. Language is inherently ambigious; and sometimes the words that seemed so clear when I wrote them didn’t fulfill that promise. Reviews help authors understand what their readers understand. And obviously that is critical to being a good storyteller.

But based upon the views of other authors, I came to see the review arena as off-limits to me as an author. I could stop by like a hovering ghost and observe what was taking place below, but I couldn’t reveal my presence in any way. For a long time, I abided by the notion that authors were supposed to suck it up in silence no matter how foul or untrue the blow the reviewer administered. Sometimes it felt like being slapped across the face and not being able to cry out in pain.

I think the first time I wrote a response to a reviewer was after I published my first legal thriller, Dark Moon.  In Moon, Sarah Knight, the main character takes on the defense of Alexa Reed, who allegedly has killed her ex-husband, the son of Coleman Reed, a sitting United States Supreme Court Justice, and a psychologist who has been a fixture in the San Diego legal community for longer than anyone can remember. The legal community is solidly against Sarah’s efforts to prove her client innocent because of Coleman Reed’s influence and because of the community’s loyalty to the psychologist. The story makes it clear that both law enforcement and the judicial system are stacked against Sarah’s efforts to help Alexa Reed. So when Sarah has a nearly fatal accident in her car, she doesn’t call the police because she knows the police would do nothing for her.

A reviewer lambasted this portion of the plot as “unrealistic.” The reviewer’s theory was everyone calls the police when in danger and the “good cops” show up and dispense justice on the spot without regard to their personal bias. Of course, nothing could be further from the truth. So I wrote a few sentences pointing out that Sarah would have received no benefit from calling a law enforcement agency because all of them wanted her dead just as much as the person who had damaged her brakes.

Not long after that, someone else jumped on the “unrealistic” bandwagon. One of the things I have noticed about reviewers is that when one of them strikes a critical blow, several will crowd in quickly to try to strike harder blows on the same subject. To me, it looks like “roughing the kicker” in football, except there is no referee. And no fifteen-yard penalty.

After the “cops are unbiased and always good” reviewer left the building, another reviewer showed up to complain that the whole plot of the novel was “unrealistic” because “judges aren’t biased.” Actual case law will tell you this is not true, and I once reversed a murder conviction on that very ground: the trial judge was biased. So I quietly pointed out to “unrealistic reviewer number two” that I have been an attorney for more than thirty years.

After that, I made it a practice to point out inaccuracies here and there when I felt that a false statement in a review would deter another reader from giving one of my books a try. Not always and not often. And never to try to persuade the hater reviewer that he or she should have liked the book. Not everyone likes every book, and some people derive great delight in handing out poor reviews to every single book that they read. But I have made a few comments here and there to some of the more inaccurte reviewers because I would like the door to remain open for new readers to give my books an honest try.

This practice seems perfectly normal to me. In my “day job,” I regularly write replies. An appeal in California consists of the Appellant’s Opening Brief, a Respondent’s Brief, and an Appellant’s Reply Brief. In the Opening Brief, I tell the client’s story and give it five stars for reversal. In the Respondent’s Brief, the Attorney General gives my opening brief a one-star review. The AG says I’m wrong about the law and the facts and my client couldn’t be more guilty. And then in the Reply Brief, I explain why the AG is “mistaken” and has “overlooked” critical facts, giving the AG a two-star review at best. This whole process is more like a stately dance than an argument. Both sides use carefully chosen professional rhetoric. I suppose my decision as an author to break the “no reply to reviewers” taboo was simply an offshoot of what is expected of me in my “day job.” A lawyer is not supposed to remain silent in the face of a verbal attack on his client.

Recently, I encountered two criticisms of me for defending my novels. Someone on a Goodreads forum said “she answers back,” and in a Facebook forum that had nothing to do with books or reviews or even being an author, a gentlemen accused me of always replying to “one-star” reviews. He meant to vilify me as someone who refused to accept criticism. He had called me “childish” because I had written that I did not think Neil Gorsuch was an appropriate choice as a Trustee of the Williamsburg Foundation. I had replied that I am an attorney and in my professional view, the Foundation made a poor choice. The gentleman then shot back his purportedly damning “childish” label and made it clear that a woman who “speaks out” in any forum is a woman who does not know that “nice” women do not express or defend themselves. “Seen but not heard” was his major premise. And my crime was even greater because I am an author who defends her work. His position was based upon his belief that all Supreme Court justices deserve nothing but unswerving hero worship merely because of their positions on the court. (He should do some historical research on Justice William O. Douglas.) His logic was similar to that of the “good cops are never biased” reviewer. Enough said.

My position is this, right or wrong: I believe that all who participate in the artistic process have the right to be heard. The consumer has a right to describe his or her honest experience with that piece of art, however inaccurate that might be. And I believe that all creators, whether authors, painters, actors, or musicians, have the right to defend themselves and their art under appropriate circumstances and using appropriate words. I don’t think that being an artist takes away the right to speak up in one’s own defense. What do you think?

Chapter One, Keeping Secrets, A Legal Thriller

/in , , , , , , , , , , /by

THE EXECUTION ORDER

“I am dying in my own death and in the
deaths of those after me.”

T.S. Eliot

CHAPTER ONE

Tuesday, January 3, 2017, I-95 South from Richmond to Death Row at Sussex State Prison, Sussex, Virginia

Brendan Murphy drove south on the I-95 toward Sussex that morning with his heart aching. He glanced over at his briefcase on the passenger seat next to him, wishing he could toss it out the window. He imagined it coming to rest in a half frozen puddle of dirty snow along the shoulder of the freeway, languishing there with Edward Wynne Carter III’s execution warrant unread and unnoticed.

If only saving Ed’s life could be that direct and simple. Brendan had been trying for thirty-one years to make the Commonwealth of Virginia admit that Ed had not killed his barely pregnant wife, Anne Fairfax Carter, on a cold November night in 1983, while their four-year-old son Wynne slept in his crib, behind the locked door of his nursery. But to no avail. The Commonwealth’s Attorney, Gordon Martin Fairfax and Anne’s first cousin, was so hell bent on vengeance that he had thrice convicted the wrong man.

“Why did you take this case?” his wife Emma had asked him last night as they sat in front of the fire in the spacious great room of their six-thousand-square-foot, three-story, brick colonial in Richmond’s exclusive Windsor Farms.

They were slowing down at sixty-six. The thought made him smile as he drove. Now they liked to sit in front of the fire at night, talking and sipping good scotch, instead of going to concerts and dinner parties, and charity events. Well, he didn’t mind. He’d spent his career in the Richmond office of Craig, Lewis, and Weller. He’d officially retired last October. He was still a partner, but now his name appeared in the “Of Counsel” column on the firm’s letterhead. He went to his office only three days a week, and he had handed off most of his cases to other attorneys. But not Ed’s. He hadn’t wanted to give up his hard-charging career this early, but Emma, an accomplished pediatric cardiologist, had insisted. Stress had taken its toll, and he’d had a serious heart attack last spring.

To encourage him to back down from long hours at the firm, she had reduced her own hours at the Medical College of Virginia. She taught only one class and saw patients in her office only two days a week. Now they had time to spend with their grandchildren, five-year-old Jamie, Timothy’s son, and four-year-old Gwen, Ellen’s daughter. They spent days at King’s Dominion and Williamsburg, and went to visit the animals at Maymont Farms. And at Christmas, Brendan had overseen Jamie and Gwen’s delighted squeals as they had sledded on the softly sloping hill in the backyard that Ellen and Timothy had loved so well.

But now the magical Christmas snow was nothing but gray slush, and Brendan was on the saddest journey of his life. He glanced down and saw that the Range Rover was picking up speed too easily. He wanted the fifty-minute commute to last as long as possible to delay the minute when he’d have to look into Ed’s kind brown eyes and tell him that he would draw his last breath on Friday, March 3 at 9 p.m. in the execution chamber at Greensville State Prison at Jarrat, Virginia.

“Ed’s mother asked me to take his case,” Brendan drew Emma closer as they cuddled on the sofa under an afghan she had knitted.

“Caroline Randolph Carter?”

He nodded. “She knew me from church.”

“I’m surprised the firm let you accept it.”

“I wasn’t. Although my section of litigation accepted only white collar crime for our corporate clients, Craig, Lewis wasn’t about to turn down the matriarch of the Carter and Wynne families of Carter’s Grove Plantation.”

“Why didn’t you represent Ed in his first trial?”

“Caroline wouldn’t help him the first time around. She thought it was beneath a Carter to get himself arrested for murder. He was represented by Brad O’Connor over at the Public Defender’s Office. But when the Virginia Supreme Court threw out his first conviction, she decided she’d better spend some money to get the truth in front of a jury. But damn it, Emma, no jury has ever understood that Ed was in Charlottesville presenting a paper at a legal conference the night Anne was murdered.”

Emma rubbed his cheek softly. “I know how hard this is for you. Promise you won’t let the stress get to you.”

He kissed her softly on the cheek. “I wish I could make you that promise. But I only have sixty days left to save Ed’s life.”

“So you’re going to try for a stay?”

“A stay, a commutation, a pardon. Whatever the hell I can get. He’s innocent, Emma, you know that. I’m not going to let the Commonwealth murder an innocent man who’s become my friend.”

She laid her head on his shoulder and stroked his cheek. “I have some happier news.”

He looked down at her. She was still beautiful. She cut her hair short now to accent her wide, dark eyes, always full of compassion and love. The extra pounds of middle age still sat well on her five-seven frame. She had beautiful hands with long graceful fingers that stitched together tiny hearts in the OR. She’d chosen the right profession, he thought. She was a consummate healer.

“I’d love to hear something cheerful.”

“Claire is finally getting married.”

“Claire? Our Claire? Tyndall’s daughter? Ellen’s best friend from St. Catherine’s?”

“Yes! Isn’t it great news?”

“Not if it’s to that jerk who led her on for years and then broke her heart last summer with some woman he’d just met.”

“No, it’s not him. He lives in San Diego or Los Angeles. I’m not sure which. Ellen said Claire’s fiancé lives in New York. She met him after she went back last spring. He’s a couple of years older than Claire. Ellen said he’s done very well in venture capital.”

“Then he isn’t marrying Claire for her money.” As he spoke, he wiggled out of her grasp and started to get up, but she put out her hand.

“Why do I think you are going to the liquor cabinet for a refill?”

“Because I am.”

“No, you’re not. It’s nearly midnight, and you said you’ll be leaving for Sussex at eight in the morning. Your heart needs sleep, not more scotch.”

“I don’t think I can sleep.”

“Try. But no more scotch. Come on, let’s go to bed.”

How lucky am I, he thought, as they climbed the stairs together. I have her and Tim and Ellen and Gwen and Jamie and more money than I’ll ever spend. Ed was supposed to have those things, too. I can’t let him die. I can’t let him die.

To see what happens next, click on the image below!

 

Daddy

/in , , , , , /by

I stopped buying Father’s Day cards when I was twenty-three.   When the holiday rolled around that year, I considered for the first time what people do who have no one to buy a card for.  After mulling it over for several days, I decided to buy one for my uncle, my father’s younger brother.  It said, “To A Wonderful Uncle on Father’s Day.”  I figured Daddy would have approved.

He died the day before my twenty-third birthday.  He’d been in the hospital for two weeks, and only my mother knew that he wasn’t coming home.  My mother, my sister, and I had just left the ICU where we’d sat with the unconscious shell of him the way we did every day.   We were headed for the parking lot, when a nurse called us back.  He’s just taken a turn, she said.  We’ve thought he was going to pass all day, she said.  He was just waiting for you to come and say goodbye, she said.  As soon as you walked out, he went.

I tell myself that after forty-five years, I can still remember him.  I tell myself that my memories go deeper than remembering that November 10 is his birthday or August 2 is the day he died or that he smoked Camel cigarettes or that he was buried in the brown suit that he’d owned for only one month or that we put yellow roses on his coffin because my sister, ever the bossy know-it-all, thought he liked yellow ones best.

One of my most vivid memories is lying on a blanket with him and my sister in the backyard on balmy August nights, staring up the stars.  His weekend wear consisted of a white T-shirt and khaki pants, a break from the suits his job required all week.  The faint odor of tobacco smoke always clung to him, mixed with the scent of Dial soap and Old Spice aftershave and a trace of what my sister and I would later learn was the cheap, sickly sweet-sour bourbon that would eventually kill him.

He had a soft voice that never lingered long over the letter “r”.  He once spent an entire evening schooling my sister and I to say “cha-uh” instead of “cheer.”  He was born on a very small, poor farm in upper East Tennessee in a town that he called a “wide place in the road.”  Yet, somehow  he escaped the Appalachian twang that calls a “fire” a “far” and a “tire” a “tar.”  He was the first member of his family to graduate from college.  He was a math and science whiz and incredibly bright.

We’d lie on the blanket at night and stare up at that vast black sky, and he’d point to the Big Dipper and the Little Dipper and tell us how to find the North Star.  He’d insist that anyone who could find the North Star could find his way home.  We’d beg him to tell stories, and he would tell us about growing upon the farm.  He would talk about hunting and fishing, and his dogs.  He would never mention being too poor to have an inside bathroom or going to school in a one-room schoolhouse.  Even though he told the same stories over and over, we never grew tired of them.  We had our favorites that we’d beg him to repeat.  They were like jewels that he’d take out in the dark and polish in the starlight, nuggets of family history that only he could pass on to us.

We stopped lying on the blanket, watching the stars on summer nights by the time that I was eleven.  Daddy still did all the things for “his girls” that made me, in particular,  feel special.  A red candy heart at Valentines.  A wrist corsage of pink roses for Easter.  A small gift whenever he came back from a business trip.  But he had old secrets and old wounds that I was too young to understand that ate at him.   As the years went by, the cheap bourbon changed him, and the bottles that he’d bring home in the brown paper bags became more important to him than lying on the blanket finding the North Star.  The pain of his past was too great and he lost his way, despite knowing that our love for him was always his North Star.