Creative Nonfiction and the Law
August 29, 2011 § 18 Comments
An article from the Associated Press exploring the question of whether a former law clerk must “adhere to the same ethical and legal obligations as an attorney,” what constitutes confidentiality, and further, how these issues apply to a work of creative nonfiction published in the Bellingham Review. Brevity author and respected teacher Brenda Miller notes the dilemma faced by small magazines when embroiled in such issues:
NEW ORLEANS (AP) — A New Orleans law office specializing in death penalty cases is suing a former summer intern who wrote an essay about her work at the nonprofit group, accusing her of disclosing confidential information and undermining clients’ defenses.
The Louisiana Capital Assistance Center is seeking a court order blocking Alexandria Marzano-Lesnevich from publishing any privileged information she obtained while working as a law clerk for the center for several weeks in 2003.
Her lawyer says she is writing a book that is part memoir and “part literary journalism” about the prosecution of Ricky Langley, one of the center’s clients. Langley, a sex offender, was convicted of strangling a 6-year-old boy to death near Lake Charles in 1992 and sentenced to life in prison in 2009.
Marzano-Lesnevich, a Harvard Law School graduate who is pursuing a writing career instead of practicing law, wrote an essay on the same subject that was published by the Bellingham Review. The literary journal, based in Bellingham, Wash., removed the piece from its website after the center complained.
Brenda Miller, editor-in-chief of the Bellingham Review, said in an email that Marzano-Lesnevich’s essay is a “wonderful piece of creative nonfiction” that the journal was proud to publish last year. Although the edition in which the essay appeared is still for sale, Miller said the Bellingham Review complied with the center’s demand to remove the piece from its website.
“We are a small journal, with a mostly volunteer staff running the journal on a shoestring, and so could not afford the time or resources to get involved in a legal process,” Miller wrote.