Can You Be Sued for Writing Your Memoir? Let’s Talk About It.

Can you get sued for writing your memoir?

It’s one of the most common fears aspiring memoir writers face. In this episode, we’re breaking it down in a clear, thoughtful way.

While this isn’t legal advice, you’ll learn how to approach writing about real people with greater awareness and confidence. Drawing from real conversations with other writers, we explore the difference between perceived risk and reality—and how to tell the truth without creating unnecessary exposure.

If fear has been holding you back from writing your story, this episode will help you move forward with intention.

In this episode I'll cover:

•  Can you be sued for writing a memoir? 
•  Common legal fears writers have 
•  Writing about real people safely 
•  Why truth alone isn’t the full picture 
•  The power of perspective in memoir writing 
•  How to tell your story with confidence 

Key Takeaway:

You can tell the truth, and still be thoughtful about how you tell it.

Next Steps:

✨ Learn how to write, publish, and promote a memoir that inspires, educates, and entertains. Learn all about my course, Make Memoir Magic
✨ Connect in the my free Facebook group, Memoir Magic for Aspiring Authors

Thank you for listening to this episode of Making Memoir Magic. To learn more about my course, Make Memoir Magic, click here. 

Join my free Facebook Group, Memoir Magic for Aspiring Authors, where we honor your story, provide tips, create community, and help you write the story you were meant to tell. Join here!

Transcript

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Welcome to Making Memoir Magic, the podcast where we unlock the power of your story and guide you through the magical process of turning life experiences into memoirs that inspire and impact. I'm your host, Carrie Chrysman, a memoir mentor and storytelling champion, and I'm here to help you find the courage to embrace your unique story and share it with the world. Whether you're just starting out or refining your final draft, this is the place to be for practical tips, inspiration, and the encouragement you need to write the memoir only you can tell. Ready to make some magic? Let's dive in. Hey there and welcome back to the Making Memoir Magic Podcast. I'm your host, Carrie Kreisman. I'm the author of the memoir Accidental First Lady, and I teach aspiring authors how to write, publish, and promote memoirs that inspire, educate, and entertain. Today we're diving into a question that carries a surprising amount of weight and a whole lot of fear underneath it. And that question that is on the minds of many aspiring authors is can I be sued for writing my memoir? Now, I was asked this question by another aspiring author, so I shared my thoughts with her and my opinions and some suggestions, letting her know all along that I am not an attorney, but I decided when I had the opportunity recently, I posed this question to a group of writers, and the responses came in fast and they were honest. One writer said, I have the same fear, and that is a great question. Another shared a much deeper concern. She told me that she's writing about being stalked by a serial killer who is still in prison, and she worries about protecting herself and her family if she tells her story. Let that sink in for a moment. This concern isn't just about writing, it's about safety, exposure, and consequences for telling your story. And so today we're going to talk about it, and I'm going to share some other responses that I got and perspectives, perspectives of others who have faced this conundrum, and I'm going to give you some suggestions for how you can work through it while still writing your memoir. So keep in mind, I'm not sharing this or anything I say is not from a legal standpoint. I am not an attorney, but I am sharing from the perspective of a memoirist and someone who helps others tell their stories every day. Because while the fear is real, it doesn't have to silence you. What struck me most in these conversations wasn't just the answers to the question I asked, but the emotion that was behind it. There was caution and uncertainty because many writers fear that by telling the truth about their lives and their stories, that they're going to get something wrong. One writer shared that they are planning to write their memoir more like a novel based on a true story, because to them that feels safer. Another said that they're holding back right now. They're still researching and still trying to understand potential risks before moving forward. And I get that. Writing a memoir is different than writing any other genre because it asks you to do something incredibly vulnerable. It asks you to not only tell the truth about yourself, your experiences, and your life, but about real people who are also part of your life and who were there during the time that you are writing about. And those people may not always agree with your version of the story. So you know, there might be people who may not even want your story to be told at all. And then your fear creeps in and says, Well, maybe I shouldn't go there. Maybe I should just change everything. Maybe I should not write the book. And just like that, your story is shrunk. So we don't want that to happen. And I'm going to help you through that if this is something you're dealing with right now in your writing. Um, because when I heard answers to that question, can I get sued when I write my memoir? I didn't just hear fear. Okay, I heard a range of beliefs about what's at risk when you decide to tell the truth. Now, one writer told me, you can be sued. It's America. Anyone can sue you. And that is true. And while many lawsuits never make it into the courtroom, they can be costly, disruptive, and stressful. So you don't want to write with so much disregard and abandon in the pursuit of telling your truth and your story. Because if you do get sued, you still have to deal with it. This isn't to say you hold your story back, but there's, I'm going to share away and some suggestions, all right, for how you can do that and not worry so much about repercussions. So another writer pointed out that even changing names doesn't necessarily protect you. And someone else shared that a writer they know was recognized in a story even after details were changed and still pursued legal action. And then there were also some measured responses, like um saying things like, as long as you're telling the truth, you're generally okay. Or it's rare but possible. So do you hear the range? I mean, there's you're fine to you absolutely need to protect yourself. And what you need to do lies somewhere in the middle, probably. So, yes, people can file lawsuits, that is reality, but that doesn't mean every memoir is going to lead to legal troubles. And it doesn't mean that you, as the writer, are powerless. What it does mean is that this isn't something to ignore. So several writers shared that they've worked with legal professionals like literary attorneys who are specialists in libel and defamation to review their work before publishing. They didn't do this out of fear, but because it was the wise thing to do. So the goal in broaching this subject and initiating the conversation around this question wasn't to scare aspiring authors out of writing. The intent was to bring attention to an underlying fear that can keep you from writing or create issues once you publish your book. So that's why I'm not going to talk about what you can and should do as a writer. That is not my place. But I'm going to talk about where you hold the power as a writer. So one of the most common pieces of advice that came up in these conversations was change names, adjust details, get permission. Those are helpful suggestions, but they are not magic shields. Instead of focusing only on what to change, I want you to focus on how you tell the story. So this is where writing a memoir becomes both art and responsibility. What do I mean by that? Instead of writing the words, he betrayed me or he had an affair, those are declarative statements. Some might say accusatory. You might write, I remember the moment I realized something wasn't right, and the way my entire world shifted in that instant. See the difference? You're not softening the truth, you're grounding it in your experience. And that shift does two important things. Number one, it reduces unnecessary exposure and it deepens the emotional connection with your readers. Writing a memoir isn't about declaring facts, it's about revealing your impact and the impact that your experience had on you. So this is where everything comes together. Because perspective-based storytelling isn't only a safer way to write, it is more powerful. All right. The message that you're imparting is delivered, devoid of accusations and anger, but instead from your heart, as only you can authentically do. One writer mentioned to me that they have extend extensive evidence backing up their story, like documents, proof, details. And that may matter absolutely in certain contexts, but your reader isn't looking for evidence. They're looking for meaning. They want to understand what it felt like to be you. They want to see what you noticed in the situation, they want to know what you questioned. Ultimately, they want to know what has changed. Another writer said they are only using first names in their memoir. Someone else talked about waiting until certain people are no longer living before sharing parts of their story. So, do you see what is happening here when people proceed like this, or writers do? The writers are trying to navigate this balance between truth and protection. And perspective, your perspective, is the bridge between the two. Because when you stay rooted in this idea of saying, I experienced, I felt, I began to understand, you're not building a case against someone else. You're building a story that only you can tell. After hearing all of these concerned, thoughtful, cautious, and curious perspectives. I want you to know that if this is something that you're concerned about, that you're not alone. But I also don't want this fear to be the reason that your story remains unwritten. The world needs your honest, thoughtful, and well-crafted story because you are the best person to tell your story, but you're also responsible for how you tell it. And so what I mean by that is that you should write with intention. Be mindful of how you portray others and when necessary, seek guidance from someone who understands the legal side of publishing. So if this conversation stirred something in you, if you've been holding back parts of your story because you weren't sure how to navigate them, I want to invite you to a space where we talk about this openly. Inside my course, Make Memoir Magic, I don't just teach you how to write, publish, and promote your memoir. I teach you how to do it with clarity, confidence, and care. I invite you to join the wait list for the next time I open enrollment. The link to learn more and get on that list is in my bio, on my social media platforms, and in the link in the show notes. And if you're not ready for that step yet, that is okay. I invite you to join my free Facebook group, Memoir Magic for Aspiring Authors. Inside, you'll find other writers asking the same questions, facing the same fears, and learning how to move forward anyway. Because your story deserves more than hesitation. It deserves to be written. So until next time, write bravely, write thoughtfully, and write like your story matters, because it does. Thank you for joining me on this episode of Making Memoir Magic. I hope today's conversation inspired you to take the next step toward telling your unique story through memoir. Remember, your story matters and someone out there is waiting to read it. If you enjoyed today's episode, don't forget to subscribe and leave a review. It helps others find the show. You can also connect with me on my website at carryCreisman.com, on Instagram at Carrie. Until next time, keep writing, keep sharing, and keep making memoir magic.