Tuesday, January 29, 2008

HOW TO GET REJECTED

The road to publication, just like the road to hell, is paved with good intentions. Most writers don’t intend to shoot themselves in the feet, but somehow that gun just seems to go off when they least expect it. While the crippling shot may occur during the actual writing of the manuscript, it often occurs during the query or the submission stage. Either way, it can undermine the best of intentions and derail the publication train before it ever leaves the platform.

On the other hand, some writers seem deliberately determined to shortchange themselves and their chances, particularly when querying agents. They don’t accidentally shoot themselves in the feet; instead, they appear to intentionally pull the trigger and fire as many shots in rapid succession as possible. So, if you’re one of those writers who fears success – who wants your query letter to exuberantly leap into the large “rejection” pile instead of finding its way into the much smaller “please submit” pile – this article will give you helpful hints for achieving rejection.

Tell your potential agent or editor you’ve written a fiction novel. Even though a novel is fiction by definition, calling it a fiction novel allows you to destroy, up front, any confidence they might have that you know what you’re doing. Better yet, call it a fictional novel – that means your novel doesn’t actually exist and they can send a fictional rejection.

Tell your potential agent or editor too much about yourself. Sure, they’d like to know what writing experience you have and how your background gives you credibility for your subject, but I’m not talking about that kind of information. I’m talking about information like this from an actual query: “I’m 34, having trouble finding work & am living with my parents.” George Costanza, is that you?

Tell your potential agent or editor that your book is a surefire bestseller. Or tell them how much money you’ll make for them. “Send for my screenplay, read as much as you like, then when you see how great it is and how much money we’ll win, put it on your schedule to market it. I would like at least $800,000. (It’s that good.)” Most agents move e-mails like these into a special mailbox along with other “special” e-mails. Then, at the end of the day, they’ll sit back with a steaming cup of Kona coffee and read about winning the UK lottery, opportunities to help Nigerians invest money in the U.S., and the promise of untold wealth from commissions off your future bestseller. They’ve already got the money spent.

Badmouth yourself or your own work. This is the converse to the previous tip. I saw one query that said, “I never made it out of high school and have been in the army since the age of 17 so my actual writing skills may not be up to par with what you would be used to.” Another said, “My writing style needs a lot of assistance, please do not reject the story based upon my ability to tell it on paper.” Yet another said, “I do not consider myself a good writer, my key board [sic] skills are poor, my spelling is awful and I have forgotten most of what I learned about punctuation.” Need I point out the irony of these correspondents seeking representation as writers?

Misspell as many words as possible. Pretend your computer doesn’t have Spellcheck. Consider this actual e-query: “I have just complete my frist drama script of a series of twenty. I want an anget who can work with me until it gets to the move production house.” Or consider this: “I, am writeing ahorror story. Ti is about a teenage girl that is hoving dream,s about people walking to her with there arm,s out crying asking her to help them.” I pitty the pour riters who kan’t spel or punkchuate any better then that.

Conversely, rely too heavily on Spellcheck. A writer who was writing about the world of magic wrote: “My family holds patents on some elusions reviled in this novel. They were performed during their world wild acts.” I’m just guessing, but I think the writer meant “illusions revealed.” I’m open as to whether “world wild acts” is correct or should have been “worldwide acts.”

Don’t follow submission guidelines. One query started, “Yes, I know it was recommended that I not exceed one page. However, I do not believe the ‘four or five sentences’ of the ‘preferably one paragraph’ is enough to communicate what I am asking you to consider.” Just look at the genius of this statement: This writer went so far as to let the agent know he was intentionally disregarding the submission guidelines. That way the agent wouldn’t think he was simply making an innocent mistake. Genius, I tell you – pure genius.

Respond unprofessionally to rejection. Don’t just accept rejection with grace and dignity. No, instead fire off a reply that says something like “Your loss” or “Your mistake” or better yet, “You strike me as pathetic.” (So what does that make the writer? After all, he’s the one who got rejected by the pathetic.) Or perhaps best, “I’m a 69 year old retired man, who used to chew people like you up and spit them out for practice.” Yikes! I’m not ashamed to admit I actually trembled when I got that one. I still tremble today when I re-read it.

Be overanxious. If you haven’t gotten a response to your e-query within 48 hours, send something like this: “Is it that no one reads e-mail or you just don’t answer any? I find your agency to be totally lacking in business ethics – typical of an attorney who couldn’t make it in private practice.” What a low blow – attacking an attorney when he’s down. That one made me weep. Even today, my self-esteem is so low I can’t look myself in the mirror. Excuse me – I’m getting a little misty here.

Be partially incoherent: “I Am A Freelance Journalist and Columnist writes to YOURS from remote India REGARDING FOR HELP FROM YOURS LITERARY AGENCY HELP – FOR A BREAK TO MY FUTURE AND RECOGNITION FOR MY WORKS.” I think I know what this writer is asking. It’s in the subtext, you know. Plus there’s that subliminal thing of slipping the word HELP in there twice HELP. And don’t we all want a break to our futures and recognition for our works?

If being partially incoherent won’t get you rejected, try being totally incoherent: “Writers address learning, personal &fundamental issues. Some plagued by elusive,idealized understanding. Fears, doubts &mystery . . . Not able to find &use worthy self-venture set-void in endeavor often-obligated &omenous-pulled in,unsettling intent of a writer. In a difficult outstandingly, taught world.” No clue what this one means. Then again, I am a mere mortal and perhaps not on the same intellectual level as the writer. I particularly liked the creative spacing and punctuation. Are mind-altering drugs at work here, perhaps? Groovy, man!

This is by no means an exhaustive listing of ways to ensure rejection. After all, success isn’t for everyone.


Mike Farris

(214) 979-0100

mfarris@tiptonjoneslaw.com

Monday, January 21, 2008

WHAT’S THE DIFFERENCE BETWEEN MEDICARE AND MEDICAID?

Generally, Medicare is a federal program which bases eligibility solely on age and/or disability. In terms of nursing home care, Medicare is limited to covering care in skilled nursing facilities, after a patient has been in the hospital for at least three days. Coverage is restricted to a finite period of time, up to 100 days, but in practice usually only about 10-20 days for rehabilitation.

Coverage through Medicaid, a joint federal and state program administered by the states, is quite a bit broader. Eligibility is based on age, disability, and/or income and financial resources. Medicaid will potentially cover long-term “custodial” nursing home care for eligible individuals. If Medicaid is invoked based on financial eligibility, a “look-back period” of 3-5 years will be used to see if any assets have been transferred for less than market value in an attempt to become eligible. If so, a penalty in the form of a period of denied eligibility may be enforced. The Deficit Reduction Act of 2005, passed by Senate in December of 2005, has tightened the regulations on this.

If you would like more information or would like to speak to an experienced lawyer please contact Tipton Jones.


Paul W. Tipton

(214) 890-09941

ptipton@tiptonjoneslaw.com


Monday, January 14, 2008

The "Ethics" of Contract Attorneys

More and more “solution-oriented” law firms use contract attorneys these days, which raises its own set of problems. How are these attorneys supposed to be treated for billing purposes? May a firm that uses contract lawyers pay those attorneys a set hourly fee, then mark up the fee in their own billing statements to clients?

Or, as the Professional Ethics Committee for the State Bar phrased the question: “May a law firm hire a lawyer who is not an associate, partner, or shareholder of the law firm to provide legal services for a client of the firm and then bill the client a higher fee for the work done by that lawyer than the amount to be paid to the lawyer by the firm?”

In true lawyerly fashion, the answer is that it depends. According to Ethics Opinion No. 577, it depends on whether the lawyer is “in” the firm or not. In determining whether a lawyer is “in” the firm, factors that may be considered include: receipt of firm communications; inclusion in firm events, work location, length and history of association with the firm; whether the firm and the lawyer identify or hold the lawyer out as being in the firm to clients and to the public; and the lawyer’s access to firm resources, including computer data and applications, client files, and confidential information. Examples include lawyers often referred to as of counsel, senior attorneys, and part-time lawyers. For lawyers “in” the firm, a firm may establish an hourly rate that is more than the firm pays those lawyers.

For lawyers not “in” the firm, the firm must bill the outside lawyer’s fees as an expense, without markup, or somehow make a clear presentation of the bill to the client showing no markup based on the attorney’s time. If the firm bills a client a different amount than what it pays the lawyer, that is considered an impermissible division of fees under Disciplinary Rule 1.04(f) unless these criteria are met: the fees are proportional to the services performed or there is joint responsibility for the representation, there is written client consent to the fee division, and the total fee is not unconscionable under Rule 1.04(a). Additionally, the firm may not incorporate the “non-firm” lawyer’s name, work, and time into its own bill unless it does so in a way that identifies the non-firm lawyer as a lawyer who is not in the firm.

Just when you thought it was safe to go back into the water . . .


Mike Farris

(214) 979-0100

mfarris@tiptonjoneslaw.com

Monday, January 7, 2008

Asbestos Disclosure in Commercial Leases

Landlords and tenants very often overlook asbestos disclosures in leasing commercial real estate. Owners and managers of commercial buildings constructed before 1981 must notify their tenants of the presence and location of known asbestos containing materials and presumed asbestos containing materials that the tenant’s contractors or employees may encounter. Tenants must in turn notify their employees and contractors of such materials. Asbestos in buildings constructed after 1981 must also be disclosed as well. Failure to make asbestos disclosures can subject a landlord or tenant to fines and other penalties by OSHA and/or the EPA. The federal rules are set out in 59 Fed. Reg. 40964, 29 C.F.R. Section 1910.1001, 1926.1101, and 60 Fed. Reg. 33974. OSHA has published plain English discussions of its rule for general industry and the construction industry. For more information and to contact experienced legal professionals please visit our website.

Paul W. Tipton

(214) 890-0991

ptipton@tiptonjonesllp.com