The Never Ending Story: Indie v. Tradtional Publishing

I usually do not like to weigh in on this subject because I see value in both. However, today I will make an exception. Back in 1990 – yes, non-boomers, this indie trend began way back in the dark ages when Netscape was the only HTML game in town and the internet was just coming into its own with regard to public access – myself and a couple of other gamer/computer geek types saw internet publishing as the next big thing. E-pub was tried, but failed, because there was no platform to make hard sales – i.e. – no kindle, nook, iPad or other reading devices – the MS had to go to a desktop which is tedious.

The obvious reason for easily spotting this trend that merely required tweaking is that it gave access to digital formatting that had formerly only been held by traditional houses. By the early 2000s, even the big houses used offset printing for only large runs of books, while Lightning Source – gasp – the much maligned “POD” print house was being utilized by a number of the large houses. I doubt anyone today would disagree that since then, pretty much anyone can format a MS for e-book distribution and print runs with a conservative investment of time and brain function.

Once the reality of self publishing influencing the book sales market set in – and yes, it exploded with Amanda Hocking – then the predictable boom in titles happened. As with the Clint Eastwood movie of the same name, some were good, some were bad, and some just ugly – witness, “Baboon Fart Story” or something, where this guy wrote 100 pages of the word fart or the like with a nasty photo on the cover. Hilarious and heinous all at once. Good grief and no joke, and it lasted 12 hours on Amazon.com. Although I give many snaps to the wunderkind who came up with that brilliant intellectual spark to test his/her theory that most companies like Amazon don’t even monitor what goes into the e-book ethersphere ( yes, I just made that word up so don’t bother looking it up). He was right, by the way.

Likewise and predictably, many traditionally published authors, editors, executives, and others making a living off the traditional model became shrill. They had to give up their rights for years – even if their titles did not sell or hit mid-market sales levels – they had to live on top ramen, etc. How dare the reading public ever give an upstart indie rogue element the time of day? Ah, ego again, so much ego invested in this debate. Yet the answer is pure and so simple: publishing ANYTHING is a business; and in business what is the goal? Ah, yes, to make money.

Not prestige, not fame, not fortune. None of these matter – nor will they happen – if a book does not SELL since that means nobody is making money. I don’t need to beg the obvious, but if nobody makes money because the book is not selling, you won’t gain the three ego-based motivators.

Besides, if an author is concerned only about egocentric issues like fame and prestige, you might want to try another business. That is just a goofy idea to begin with.  Money is, was, and always will be the bottom line of ANY type of publishing endeavor, right? Tell me that you write for art and not money and I will laugh. The author, agent, publisher(s), and their respective staff who made the book happen all get paid. More importantly, they do it because they want to get paid one way or the other. This rule applies whether they are on a tradish house payroll or are independent contractors working with indie authors. Am I wrong? Did I miss something? I don’t think so – obviously I like rhetorical questions.

A blog by two respected authors that I follow – Pro Writers Toolbox – has been hashing out the issue of what the benefits and pitfalls of each form of publishing offer. I think the reality is that those starting out in this profession need to follow a hybrid business model that makes best use of both. The reason is simple: in 2014, they are both equally viable ways of making a living IF the author is “good” as indicated by the very objective criteria of whether the products (aka books) SELL.

I will probably get blasted by all of tweendom for this, but I do not really care – witness the phenomenal and inexplicable success of the Twilight series. I could go on for days about the flaws in this work, but the people who bought the book gave it phenomenal success – ironically, the same cannot be said for Lord of the Rings and The Hobbit started out as a children’s book. Super irony: The Silmarillion is one of his best, yet least known, works and my personal favorite.  Another little known factoid: he wrote all of these books to showcase his creation of languages – that drives the stories. It’s so cool but I digress yet again.

Yes, so Twilight was a phenom – the author hit the trifecta: book deal, movie rights, and royalties from both and on it goes. The publisher made a LOT of money. Likewise, Amanda Hocking, who has since signed on with a traditional house. Hocking’s success clearly lends credence to the theory of a hybrid model being the most effective use of a new author’s talent. Then there is the indie tradish phenom, “Go the F**K to Sleep” (my fave title ever, by the way) has yet to be sold off to a big publisher. It allowed a more truthful approach to the children’s book where parents, and what they go through, was finally outed in a hilarious manner. Predictably, the large houses poo-pooed it because of the non-p.c. language. Reality bites sometimes, but it was wonderful, effective and it sold like crazy. That house sent out PDFs to stimulate future sales. It worked.

I will always support the idea that both tradish and indie publishing are equally valid forms of written expression in 2014 and beyond. Self publishing is what it is, but I would argue that many tradish books suck. They are simply bad. Awful. Plech. Yet they sell. Oh wow, de gustibus non est disputandum – old dad at work there – there is no accounting for/disputing taste.

I also have a friend who makes a comfortable living at six figures a year selling her darker fiction. People snap it up. Once again this goes back to the main argument: if it sells, whether indie or tradish, then the author has a measure of success and should be proud of their accomplishment. Nobody should take that away from them by denigrating the format, forum, or method of putting book to market. The indie success stories are just as valid as the tradish ones, and it is high time to stop this crazy debate. The numbers tell the story. Both indie and tradish are alive, well, and making tons of money for the right people.

Posted in humor, Writing | Tagged , , , | Leave a comment

Lawyer Ninja Truth No. 2

Not all lawyers are wealthy and very few are as wealthy as the hotshots you see in movies and television shows. Many are just as vapid, however. I, for one, am not wealthy and probably will never be. I have much more in common with the 99% than the 1% other than the ability to use the anachronistic “Esq.” behind my name. It is a throwback to another, ahem, imperial time in British history and an homage to the Guilded Age I suppose.  That is fine with me.

I decided that the people who hire me are more important than the dollars a “great case” can bring. If dollars came from a case I handled, great, but it is not my goal to chase that green like many attorneys. But most attorneys who lack a trust fund do have to consider money in pricing their services. The average law school debt in 2013 was well over $100K. Most have to take out student loans and, well, listen to the flap. The jobs are not as available as they used to be.

What brought all of this to mind was the movie, The Rainmaker,  which was based on the John Grisham novel. As I watched Rudy Baylor muddle through his first case, I recognized him. He was me and I was he only absent the “but he’s a guy” thing. I find its principles as apropos today as they were when the movie came out. After all, who doesn’t favor the idea of an inexperienced, young lawyer taking on the well-oiled litigation machine that is most insurance companies? He makes a name for himself for doing the right thing. I think that is pretty sweet.

As a lawyer whose entire career to date has pretty much been dedicated to public service, I relate well to the character played by Matt Damon. I have known lawyers just like Danny DeVito’s character, too. Grisham clearly writes from experience. Sometimes preliminary investigations do become a, “You don’t wanna know who I know” type of situation when you are looking into the stranger aspects of private cases. As you become experienced, your sixth sense about the creepier aspects of human nature become well developed. I inadvertently proved a sound byte one of my law professors told the class: “As a lawyer, you will be part academic, but mostly counselor. People will come to you and you will have to listen to their problems.”

When I became a prosecutor six years out of law school, I got dumped head first into the very dirty water that is the criminal justice system. I would note that the terms “criminal” and “justice” do not go together anymore if they ever did – they are neither married in concept nor execution, no pun intended. It was Newark, New Jersey, and crime was off the hook. Newark had a reputation for being a very busy town for drug dealers, prostitutes, and violent crime. I was paid next to nothing – as a matter of fact me and my buddy Vinny instigated the start of a criminal prosecutor’s union since Essex County prosecutors had it. No, Vinny was not my cousin although I adore that film. We became pariahs at City Hall, but that’s ok. Our successors then received the pay they should have for the volume of cases that came through our office every year – thousands of cases.

As a prosecutor, I learned something: not all criminals are bad people. In fact, many of the younger kids were super smart. I asked the court to sentence them to attend school and learn a legal outlet for their intelligence. Was I able to make my student loan payments? Are you kidding? Never. Unless you get one of those cush jobs that started at over $100K a year in 1990 – the year I graduated from law school – you were instantly swamped by student loan debt.

For me, the debt load was worth it. What I never anticipated was the lack of work and the strange hierarchy in the legal world that damages many young attorneys that also makes them doubt their self worth. People who worked in “big law” a.k.a. the huge law firms that represented high profile clients like tobacco companies, insurance companies, and the like. Firms like Bill Gates’ father’s firm in Seattle were always viewed from the ground, literally, by lawyers like me. They were in huge office towers, gleaming tributes to Bauhaus architecture, and the lawyers reeked of leather furniture and bourbon poured from crystal decanters after five on a Friday. I started in more humble quarters: a cool hideaway in Smith Tower helping an attorney formulate the arguments to re-legalize the personal use of marijuana (which used to be ok until the federal government put marijuana on one of the prohibited substance schedules).

The glass tower attorneys looked down on those of us who were in the trenches. They had assistants who had assistants. I wrote about them for a legal newspaper in Seattle, and further bolstered their egos. Shame on me. But I did enjoy getting the scoop on the divorce case involving one of the senior partners in one of the cloud lawyers’ firms. Yes, I did. His wife blabbed to every press outlet available that she had email evidence confirming that he had been engaging in a lot of extra work with his secretary that involved not a lot of clothing and locked office doors. Suddenly, one of the cloud lawyers was just like us on the pavement below.

Ultimately, I became friends with a couple of them and found out how miserable they were. Their work hours were insane and few to no women occupied partner level positions (a fact that is still true today). They were also Native American men, but through them I discovered that perhaps the rarified air stunk a little up there in cloud lawyer land.

The years went by and the money came, kind of, but mostly it went. It went to bills and student loan payments…the life stuff we all need it for. The cases and demands on my time increased exponentially, though. Even when I had a salaried position, I could not put money away because I simply did not make enough. When I started private practice, the see-saw of income became worse.

I have been in private practice for 5 years. I have been a lawyer for 24 years this May. By not getting wrapped up in the chase the dragon of the dollar game, I look like I am 30 and live a full life. BUT I am also able to finally put a little away. New programs came out that help me pay my student loans. Finally, it seems, the world has recognized that we Rudy Baylors of the world are not so bad. I am the 99% even with a law degree.

If I won the lottery tomorrow or somehow found a hidden treasure in my broom closet, I would not be upset. But a humble life lived well with true friends and love and a small-but-cool house in the middle of nowhere – hell, that’s alright, too. As for the whole lawyer thing, as Mr. Grisham said in The Rainmaker,

“I am motivated by thoughts of my sorrowful little client and the screwing that he got. I’m the only lawyer Donny Ray has, and it will take much more than paper to slow me down.”


Posted in humor, law | Tagged , , , , | 3 Comments