The Problem With Writing Material That Is Derogatory To Someone

Novelists sometimes have a great story on their hip that they’re bursting to tell, but a character in the tale is fashioned around a real person with negative traits. So the question is, what’s the best way to write about an unflattering characterization that happens to be true?
William Goldman Stated It Best
For anyone who might not be familiar with Mr. Goldman, he wrote BUTCH CASSIDY AND THE SUNDANCE KID, WHEN HARRY MET SALLY, and THE PRINCESS BRIDE, among many other works. He mentioned in one of his memoirs that he’d written something which wasn’t necessarily unflattering about a man he’d known years earlier, but for whatever reason the person took umbrage.
Mr. Goldman suggested that no one write anything negative about someone–if the text might be identifiable with the person being written about–until that individual is dead! As strong as that might sound, I think it’s great advice. And to take this one step further, the family of the person can also be offended, and if it could be proved that the material was a deliberate smear, there could be legal ramifications, especially if the party wasn’t a public figure.
Even the Most Innocuous Implication Can Be Misconstrued
Who wants to gamble with the way someone’s waffle might go down on a given day? I know a writer who had to print a retraction because he misstated a man’s occupation from 30 years ago. And this wasn’t as if the fellow was the president of a company and he classified him as a clerk. This offended party was a medical technician and the author wrote that he was a lab technician. Both professions at the time carried the identical pay grade, and each continues to be viewed as a prestigious position. Go figure, but the man was dismayed because he felt that the lab technician title was debasing.
More Serious Scenarios Can Occur
If all it amounted to was a retraction, most writers wouldn’t be too concerned about what they wrote about anyone. But if a character can be readily identified as the one depicted in the story, and the person feels libeled, let the fireworks begin! If a writer is considering someone as a template for a character in a story, and this person for example was a notorious shoplifter as a young boy in Chicago, my suggestion is to make the character a middle-aged woman in Tuscaloosa who reads fortunes. Seriously, it’s not worth the risk. Remember, if the person being written about knows the writer, this individual will be acutely aware of whom the author is modeling the character.
Wait Until the Person Is Deceased and Then Look Further
I touched on this earlier. Even after the person is dead, I’d take a hard look at the individual’s family and assess how the negative material might affect them. Only after every hoop is jumped through, and all the questions fully satisfied, would I then venture onto this turf. And I’d constantly ask myself if it’s worth besmirching this person’s name or family to try to sell my novel–when an imaginary character, adequately removed from the real individual and lineage, would serve my purpose just as well. Please think about this, as leaning to the cautious side of this equation might save a lot of grief and money down the road.