PG’s Thoughts (such as they are)

Amazon Will Pay a Whopping $0 in Federal Taxes on $11.2 Billion Profits

16 February 2019

From Fortune:

Those wondering how many zeros Amazon, which is valued at nearly $800 billion, has to pay in federal taxes might be surprised to learn that its check to the IRS will read exactly $0.00.

According to a report published by the Institute on Taxation and Economic (ITEP) policy Wednesday, the e-tail/retail/tech/entertainment/everything giant won’t have to pay a cent in federal taxes for the second year in a row.

This tax-free break comes even though Amazon almost doubled its U.S. profits from $5.6 billion to $11.2 billion between 2017 and 2018.

To top it off, Amazon actually reported a $129 million 2018 federal income tax rebate—making its tax rate -1%.

. . . .

ITEP notes that its non-existent federal tax payment is a result of the Trump Administration’s corporation-friendly tax cuts. The think tank writes that the 2017 Tax Cuts and Jobs Act not only decreased corporate tax rates from 35% to 21%, but it also didn’t close “a slew of tax loopholes that allow profitable companies to routinely avoid paying federal and state income taxes on almost half of their profits.”

Link to the rest at Fortune

PG apologizes for the annoying auto-play video with an accompanying audio track in the OP.

PG also notes that Amazon doesn’t write the federal or state tax codes and PG hasn’t seen any reports that Amazon has violated any of those laws.

As far as tax “loopholes” are concerned, one person’s loophole is another person’s reasonable provision for calculating a fair tax rate.

One of the most commonly-used deductions for individual taxpayers is the mortgage interest deduction. If an individual or couple purchased a home and borrowed money to help fund that purpose, the interest they pay on that loan is deductible from their gross income.

The rationale for this loophole is a belief by the elected representatives of the people that a great many benefits arise when citizens are able to purchase and own their homes. Community stability and the encouragement of civic virtues due to lower rates of transience within a community, encouragement for couples to have children, the benefits to those children (and future taxpayers) that arise from being able to grow up in a single home and attend neighborhood schools as compared to moving to a new location every one-two years due to rent increases on a rented residence, etc., etc., etc.

While there are counter-arguments, PG suggests the home mortgage deduction is highly-valued by a large majority of the adult population of the United States.

When dinosaurs walked the earth, PG took a couple of income tax law classes in law school and several of his classmates earned their Masters of Law in Taxation after completing regular law school.

The complexity and weirdness of the US tax laws cannot be overstated. There are tax attorneys in the United States who earn a good living for their entire careers by specializing in the application and avoidance of taxes imposed under a couple of provisions in the tax law that most people have never heard of and would have difficulty in understanding without extensive prior tutoring in the nearly impenetrable language and concepts and conflicting interpretations of such underlying those laws.

Each of the 50 states have their own individual tax laws and the potential number of unintended interactions between state and federal tax laws probably cannot be calculated.

Speaking only of the US tax laws, there are disagreements about how long they are. In 2015, the Tax Foundation said the Federal Tax Laws and Regulations total more than ten million words.

This figure includes the federal internal revenue code (2,412,000 words long) and federal tax regulations (7,655,000 words long). It does not include the substantial body of tax-related case law that is often vital to understanding the tax code.

The length of the federal tax code and regulations has grown steadily over the past sixty years. In 1955, the two documents were 1.4 million words in length. Since then, they have grown at a pace of about 144,500 words a year. Today, the federal tax code is roughly six times as long as it was in 1955, while federal tax regulations are about 2.5 times as long.

. . . .

Americans spend 6.1 billion hours and $233.8 billon complying with the tax code. Due to increasing tax complexity, over 90 percent of taxpayers now hire professional tax preparers or use tax preparation software.

Why is the federal tax code so complex? In part, it’s because politicians have used the tax code to administer dozens of areas of federal policy – from healthcare to energy to education. In part, it’s because defining income and determining tax liability are inherently difficult tasks. And, in part, it’s because politicians have not made any serious effort to simplify the federal tax code for at least thirty years, instead adding on new provisions on top of one another.

The federal tax laws are so lengthy that there are disputes about how long it actually is. Again, from The Tax Foundation in 2014:

Andrew Grossman, the legislation counsel for the Joint Committee on Taxation that helps write tax laws, attacked us in Slate yesterday for saying that the tax code runs 70,000 pages, countering that it’s “only” 2,600 pages.

. . . .

There’s the literal statutes that Congress has passed (Title 26 of the U.S. Code). The Government Printing Office sells it spread over two volumes, and according to them, book oneis 1,404 pages and book two is 1,248 pages, for a total of 2,652 pages. At perhaps 450 words per page, that puts the tax code at well over 1 million words. (By way of comparison, the King James Bible has 788,280 words; War and Peace runs 560,000 words; and the Harry Potter series is just over 1 million words.)

. . . .

However, a tax practitioner who relies just on the tax statutes will go to jail, because so much of federal tax law is in IRS regulations, revenue rulings, and other clarifications. Congress will set down a policy and leave it to the IRS to write all the rules to implement it. These regulations aren’t short: the National Taxpayer Advocate did a Microsoft Word word count of the tax statutes and IRS regulations in 2012, and came up with roughly 4 million words. Again at roughly 450 words per page, that comes out to around 9,000 pages. The National Taxpayer Advocate also noted that the tax code changed 4,680 times from 2001 to 2012, an average of once per day.

. . . .

But, a lawyer who relies just on cases and regulations isn’t a very good lawyer, because most court decisions are made on the basis of previously decided cases. The respected legal publisher Commerce Clearing House (CCH) puts out such a compilation, the Standard Federal Tax Reporterof 70,000 pages, with notations after each statute containing relevant cases and other information. CCH itself considers this volume to be representative of “the tax code,” since an expert needs to know all 70,000 pages to understand the tax code in full.

So, has Amazon paid its “fair share” of income taxes? PG is highly confident that Amazon has used well-qualified tax experts to prepare its tax returns and calculate its tax liabilities.

For a long time, Amazon had no taxable profits at all. Indeed, it had losses. One of the concepts contained in various parts of the federal income tax laws is a “tax loss carry-forward”. Investopedia describes this as follows:

A tax loss carryforward is a provision that allows a taxpayer to carry over a tax loss to future years to offset a profit. The tax loss carryforward can be claimed by an individual or a business in order to reduce any future tax payments.

Amazon operated at a loss for the first several years of its existence and very thin profits for a lengthy period of time thereafter. To the best of PG’s knowledge, Amazon received no material payments from the US government to help it survive during those years.

Absent the benefits of loss carryforwards during the first years of lean profits, it’s possible that Jeff Bezos would have given up on the possibility that Amazon was ever going to be worth the very hard work he was putting into the company and closed it down so he could spend time working in another more financially-rewarding business.

Amazon currently reports it has 613,300 employees. PG suspects Amazon pays far better wages than McDonald’s does and each of those employees pays individual federal income taxes. From the standpoint of federal government tax revenues, is it a good thing for a company to employ over half a million people who each pay taxes? Would the country be better off if Amazon paid some corporate income taxes, but only employed 50,000 people?

PG will also note that, for its US employees, the company pays a huge amount of money into Social Security and Medicare as its employer’s share of those taxes, which are based upon the wages of its employees.

What Happens When Billionaires Battle Gossipmongers?

9 February 2019

From The Washington Post:

Both men have gobs of money.

They didn’t make it the old-fashioned way, with steel and brick, but instead with big, disruptive, life-changing ideas.

After they got rich, after they’d achieved a titan status imaginable only in the digital age, that’s when the tabloids came for them.

And that’s when they went to war.

Theirs is a tale of two billionaires — Jeffrey P. Bezos of Amazon.com fame and Peter Thiel, who birthed PayPal. So different in style and temperament, the two men have each found their sex lives splashed in public against their wills in separate tabloid “gotchas.” But they have tangled with the merchants of salacity in completely opposite ways.

Bezos, who also owns The Washington Post, blasted his disdain into the maw of the Internet, essentially delivering the equivalent of a lawyer’s opening statement with the entire planet sitting in the jury box. Thiel operated in sotto voce fashion, secretly maneuvering to exact revenge and not surfacing until he had triumphed.

Bezos is locked in a conflict with the National Enquirer, which last month published intimate text messages he’d sent to Lauren Sanchez, with whom he was having an extramarital affair, and photos of them together. In a Medium post Thursday, Bezos accused the supermarket tabloid, which is owned by American Media Inc., of blackmail and extortion for threatening to publish additional intimate photographs if he and his representatives did not agree to stop their investigation of the how the material was obtained. Bezos suggested that the tabloid, whose parent company is run by a friend of President Trump, had political motives to run stories about his affair. Trump has frequently attacked Bezos over his ownership of The Post.

Thiel’s battle took place against Gawker, the sassy and sometimes raunchy website that earned his eternal enmity by outing him as gay in 2007. He got back at the site in 2016 when he surreptitiously funded a successful lawsuit by Terry Bollea, better known as the wrestler Hulk Hogan, over the site’s 2012 publication of a tape depicting Bollea having sex. Gawker went out of business after a jury awarded $140 million in damages.

“They are two fundamentally different approaches to similar problems,” said Ryan Holiday, author of “Conspiracy: Peter Thiel, Hulk Hogan, Gawker, and the Anatomy of Intrigue.”

When Thiel’s involvement in the Bollea case was revealed, Bezos was less than enthusiastic about his fellow tech titan’s actions. At a conference in June 2016, Bezos was asked about the Thiel-Gawker slugfest. He responded with an old saying: “Seek revenge and you should dig two graves, one for yourself.”

“Is that really how you want to spend your time?” Bezos went on to say. “As a public figure, the best defense to speech that you don’t like is to develop a thick skin.”

Those remarks came to mind for Bezos watchers after his posting on Medium, a self-publishing website.

. . . .

In the first paragraph of Bezos’s post, he frames his decision to publicize letters he had received from the National Enquirer as evidence of wrongdoing — a step beyond berating the tabloid for publishing details of his private life.

“Rather than capitulate to extortion and blackmail, I’ve decided to publish exactly what they sent me, despite the personal cost and embarrassment they threaten,” Bezos wrote.

The saga is drenched in a hailstorm of theories and counter-theories. Bezos’s team, headed by famed security consultant Gavin de Becker, has cast a suspicious eye on Michael Sanchez regarding the leak of the texts and photos. Sanchez is the brother of Bezos’s girlfriend, former TV host Lauren Sanchez. Michael Sanchez is a Trump supporter, and his potential involvement is part of a theory that the leak is a political hit.

. . . .

Both Sanchez and de Becker have, at times, explored the possibility that the text messages were obtained by a foreign government or a business competitor, according to interviews and a Post review of emails and text messages. Sanchez has even posited that Israel’s Mossad, British intelligence or the U.S. National Security Agency might be involved. (De Becker ultimately concluded that hacking was not involved.)

Link to the rest at The Washington Post

PG hopes he is wrong, but, more than once, he has had the feeling that, a few years down the road, we may look back on this series of events as a turning point for Amazon.

From the beginnings of Amazon, Bezos has put his distinctive personal stamp on the company in the same way that Steve Jobs and Bill Gates built very large companies which seemed to be reflections of their very different personalities.

Jobs, of course, was forced to give up his management position due to cancer while Gates retired from Microsoft in an orderly fashion, but neither company has been the same since the person with the dominant vision that drove its tremendous growth departed.

For PG, Microsoft has become the most boring large tech company in the world. Windows continues. MS Office continues. Like a power utility company, each relies primarily upon its quasi-monopoly position to keep the dollars rolling in.

New Microsoft products seem to be lame derivatives of products originated elsewhere. Microsoft Surface is an iPad wannabe. Why does Edge even exist? MS is into producing products and services that are derivative of its own ancient good ideas or the ideas of others.

On the other hand, Apple is much less boring because post-Jobs management has made the mistake of believing it can continue to raise prices without doing anything really new. Now it’s in the process of cutting prices on its iPhones and iPads to stem a significant decline in sales and the new ideas in mobile phones are all coming out of China.

So what do we make of Bezos and Amazon?

Has Bezos lost his mind? He’s supposed to be reliably brilliant.

The year is 2019 and intelligent people don’t take nude selfies and text them to other people. That’s a mistake that any intelligent sixteen-year-old who wants to get into a good college will not make.

Additionally, intelligent people haven’t gotten into big fights with The National Enquirer for decades. Bezos already bought The Washington Post. He should have purchased The National Enquirer and fired everybody he didn’t like.

When he spent a lot of his time in court, PG had to talk more than one client out of suing someone because the collateral damage to the client’s reputation would far exceed any monetary benefit the client would derive. On such occasions, he would sometimes quote George Bernard Shaw.

I learned long ago, never to wrestle with a pig. You get dirty, and besides, the pig likes it.

~ George Bernard Shaw

The Growing Importance of Intellectual Property

31 January 2019

From Kristine Kathryn Rusch:

I need to be clear as I start this post. We writers create intellectual property. We license our copyrights. We do not sell stories. In fact, the stories we tell, along with their titles, are often not copyrightable. The form in which we tell that story—the order of the events, the order of the words we use,—those things are copyrightable, but the basic boy meets girl, boy loses girl, girl discovers she’s fine on her own storyline can and does fuel a thousand books and movies. (That’s why so many memes over the holiday season made fun of the romance movies on Hallmark. Because the movies—all copyrighted in their own right, all different in the copyright sense—share a lot in common.)

If you don’t understand copyright and you consider yourself a professional writer, then you do not understand the business you are in. If you have published a novel, traditionally or indie, and you do not understand copyright, you are volunteering to get screwed over and over and over again. I say this often, and I’m saying it loudly again, because the trend for 2019 and beyond is that every organization you do business with will try to take a piece (if not all) of your copyright on each and every one of your projects.

Your job is to protect that copyright.

. . . .

Forbes actually published an article in fall of 2018 titled “What Authors Should Do When Their Publisher Closes.” You can click over there if you want. The advice isn’t good, because as someone in the article says, what an author should do varies based on the author’s contract. And if the author has an agent, then they’re probably screwed. If the author doesn’t understand copyright, then they’re definitely screwed.

. . . .

I recommend publishing indie, because that’s the best way to protect yourself and your writing income. You’ll have a career if you do that. Your career might vanish on you if you try to remain traditional. Or, rather, you will write as a “hobby” while you make your living doing something else.

Yes, I’m being harsh, but that’s because the intellectual property apocalypse that I’ve been warning you about is upon us. The trends are there, and the signs that traditional publishing (and all of the other big entertainment organizations) know about the value of intellectual property are becoming clearer and clearer.

. . . .

For years now, the Big 5 traditional publishers have had contracts that essentially transfer the entire copyright of a novel from the author to them. The contracts don’t say that explicitly, but when you read the contract as a complete document (which is how you should read it), you realize that the sum total of what the clauses mean is that the writer retains no part of the copyright, and is only entitled to a tiny percentage of the money that copyright earns.

The reason these contracts changed about a decade ago had nothing to do with publishing and everything to do with mergers. As these publishing companies became part of big international conglomerates, many of them entertainmentconglomerates, the legal teams redrafted the contracts to do the copyright grabs.

Most writers had no idea what they were signing, and most of their agents didn’t either. Agents are not trained lawyers. A handful of the big agencies have lawyers on staff, but most of those agencies are concerned with making the agency money, not with making the writer money. So a lot of the contracts are structured to pay and protect the agent, while bilking the writer.

. . . .

Up until a year or so ago, most of the Big Five continued to operate like traditional publishing companies have since the 1990s—a focus on publishing a lot of titles, hoping that some will stick and become bestsellers. But that strategy isn’t working, and sales are down precipitously.

. . . .

[Simon & Schuster] has been in a media conglomerate since the 1980s. I’m not going to go through its tortured history, which runs from Paramount to Viacom and beyond, but realize this: It became part of the CBS Corporation officially in 2005. Around then, it became impossible to get book rights reverted, which is one of the tricks that is recommended for writers in the Forbes article I cited above. (How 1995. Sigh.)

S&S has experimented with electronic books since the 1990s. Dean and I personally made a lot of money in the early 2000s when S&S realized they hadn’t licensed e-rights for Star Trek books. (Dean and I wrote a bunch of them in the 1990s). S&S has tried to have a self-publishing arm since 2012, and they’re doing a lot of things that require writers to pay for services that publishers used to provide.

. . . .

The more IP a company acquires, the more its value goes up. Even if they don’t create anything from that IP. Acquiring a novel’s copyright—with all its potential spinoffs, TV shows, toys, comics—increases a company’s value tremendously.

Read that paragraph again, because the information therein is the key to this whole piece.

The more IP a company acquires, the more its value goes up. Your novel is IP. If they acquire it, their bottom line goes up, even if they never do anything with that IP. Got that?

That’s why S&S stopped, in 2000 or so, reverting the rights to the novels they acquired. Those novels equal more earnings potential—and they allow the company to maintain a value that it wouldn’t have otherwise.

I’ve been warning writers about this copyright grab by corporations for some time, but it was easy to ignore me because the Big 5 have not been (for the most part) exploiting (the legal term for developing or making use of) that copyright.

S&S finally is. That’s what Simon & Schuster’s CEO Carolyn Reidy’s heady year-end report was really all about. She called 2018 “the most successful year in Simon & Schuster’s history,” and yet she didn’t cite a single print bestseller as something that caused the success.

Instead, she touted the rise in audio . . . as well as a mention that sent a little shiver through me.

She wrote:

…[backlist sales now] comprise a higher portion of our revenue than at any time in memory…while readers wanting the tried and true is an industry-wide phenomenon, our concerted effort during the last few years to acquire books with the potential for long-term backlist sales has yielded dividends.

This article does not specify what exactly she means by “backlist sales.” Does she mean actual ebook and print sales, or other licensing, such as foreign rights and so on? Clearly S&S is exploiting the audio rights clauses in their contracts.

What is clear, however, is that a big traditional publisher has finally figured out that not only does their backlist have value in raising the company’s worth, but it also has earnings potential that can be exploited in 2019.

Why does this send a chill through me? Because if one traditional publisher learns it, the others will learn it as well. And the ability of writers who have sold their work into traditional publishers to get the rights reverted will go down to almost nil.

Big traditional publishers will finally join their counterparts in the entertainment industry—the movie/TV companies, the music studios, the game companies—in demanding control of every aspect of the copyright from the original author.

Which means that if an author signs one of those agreements, the author will get pennies on the dollar (if that) for any rights—audio, movie, TV—rather than the kind of earnings writers could have gotten as recently as 10 years ago.

. . . .

And those of you who licensed mass market rights a few years ago, thinking you’d get your ebooks into stores, you probably already signed away most of the copyright, particularly if you went with Harlequin or Simon & Schuster.

Link to the rest at Kristine Kathryn Rusch

Here’s a link to Kris Rusch’s books. If you like the thoughts Kris shares, you can show your appreciation by checking out her books.

As usual, Kris incorporates a lot of intelligent business thought and advice into the OP (and her other posts in this series).

As PG has mentioned before, he has negotiated, drafted and/or reviewed a great many contracts during his legal career, including some large technology copyright and patent licensing agreements. As he has also mentioned before, the typical contracts between authors and traditional publishers are some of the most unfair and one-sided agreements he has seen.

In a prior era during which it was impossible for an author’s works to reach any sort of meaningful audience without a publisher to cover the costs of printing books and provide meaningful access to buyers for large numbers of physical bookstores, perhaps the value of a publisher’s services was an extremely large portion of the income generated by sales of a book.

However, in an age in which:

  • Amazon is the largest English language bookseller in the world; and
  • Opens its electronic doors to self published authors on terms substantially equivalent to those it provides commercial publishers; and
  • Ebooks have the highest profit margin of any edition of a book a publisher sells; and
  • Ebook editing, formatting and cover design of a quality comparable to that provided by a commercial publisher can be had for a few hundred to a few thousand dollars;

the real value of a publisher for a typical author compared to the effective cost of a publisher to that author has declined precipitously.

PG was about to discuss the value of branding for either an ebook or a printed book, but he will be uncharacteristically brief.

Does anyone go to an online or offline bookstore seeking out a Random House book? Of course not. They’re looking for an author, a genre, etc.

With respect to promoting and selling books, which brand name is most valuable, James Patterson’s or Little, Brown and Company’s?

Without singling out any particular literary agent or agency, PG will say, as a general observation, that agents famous and obscure don’t do anything significant to improve the contract terms for publishing contracts other than increasing the amount of the advance on some occasions. In particular, agents rarely if ever do anything to address the issues Kris discusses in the OP.

In some types of contracts — consumer loans, for example — federal and/or state legislatures have passed laws that prevent commercial lenders from including some contract provisions that are unfair or harmful to borrowers. Compared to the number of individuals who take out loans to purchase a house, automobile or dishwasher, however, authors are a tiny constituency and elected officials have much bigger fish to fry than commercial publishers.

However, perhaps as a result of such consumer protections, some authors may believe they are somehow protected from  unfair provisions in publishing contracts between themselves and large publishers. That belief is incorrect.

Some of the most unfair provisions in a typical publishing contract are presented in the most innocuous manner imaginable.

 

 

Finally, there is nurturing. Publishers don’t just produce books. They nurture. Literary agents also provide nurturing in case publishers fall short in any way.

Like a baby duckling, a baby author needs to be nurtured and petted and encouraged and gently guided if she/he is to grow into a beautiful swan.

Who better to nurture such a delicate creature than a Kommanditgesellschaft auf Aktien headquartered in Gütersloh?

Off the top of his head, other than publishing, PG can’t ever remember ever having a business discussion that included the word nurture or any of its variants.

PG is reminded of a quote attributed to former president Harry S. Truman, “If you want a friend in Washington, buy a dog.”

PG suggests that if you want someone to watch over you, steer clear of the publishing business.

.



Book Tours Are More Than Just Showing Up

26 January 2019

From Publishers Weekly:

In the abstract, a book tour looks like it might be tremendous fun: packed houses of adoring fans, expense-account dinners in fancy far-flung restaurants. I’ve now promoted three books across a couple dozen states and 10 countries, and my experience has looked much more like bleary-eyed airport breakfasts at one end of the day and modest register tallies at the other, which begs the question, was this worth it?

But that depends on the answer to a different question: what’s the goal?

A dozen years ago, before I’d started writing books and was still publishing them, I asked my brilliant boss, Peter Workman: Why do we expend such a huge effort producing seasonal catalogues? Why do we run around like lunatics to finalize covers, on-sale dates, point-of-sale promotions, and everything else—such a frenetic outburst of redesigning, numbers crunching, consensus building, and decision making—all just to produce this printed marketing item? Who cares?

Peter put things into perspective. All that work, all those decisions—that was the real point; the catalogue was the impetus to get it all done.

I look at going out on the road through a similar lens. I do, of course, want to achieve the obvious immediate goal of selling units of the new title, just as we did, of course, need to get the catalogue to sales conference. But selling those hardcovers is just one component of my goal and my publisher’s too, and the booksellers’ too—we all have bigger long-term priorities: the next book, the one after, all the future books in all the years ahead, keeping the lights on.

For my part, I want to write better and better books, published better and better, making for a satisfying and successful career. And I think it’s the lessons learned, the experiences had, and the people met on the road that can make this achievable. On book tours, I go places I’d otherwise never have visited, I’m introduced to readers I’d never have met, and I make friends and fans and important contacts who’d otherwise be strangers.

I’ve learned about contemporary bookselling over dinners in Scottsdale, Ariz., and Austin, Tex.; about the evolving roles of libraries in Stamford, Conn., and Rockport, Mass.; about the terrific mystery conferences in Albany, N.Y., and Toronto; and about honing elevator pitches for radio in Amsterdam and Dublin.

. . . .

Touring has been my MFA plus my MBA, too—establishing a professional network, understanding the marketplace, polishing creative output, and even inspiring me to generate an entire book.

Link to the rest at Publishers Weekly

As PG has mentioned before, with respect to the value of book tours by authors, he believes it’s no longer 1972.

Do book tours sell some books? Undoubtedly.

But what is the cost per book sold, particularly if an author values his/her time? Had the author not gone on a book tour, could he/she have spent the time and energy doing something that was ultimately more profitable with that time and energy (particularly considering that a great many authors are committed introverts)?

If publishers really believe that face-to-face contact between an interesting and persuasive salesperson and a reader who is willing to come to a bookstore to listen, why not hire a skilled salesperson to do the book tour?

Just like writing talent, the talent for selling products or services, particularly on a face-to-face basis, is not evenly distributed throughout humanity. If you have ever been in the presence of someone who is skilled in face-to-face sales, you will immediately notice the difference between a talented salesperson and a typical author squirming at a book signing.

PG has often thought that James Patterson’s success in selling a lot of books derives in significant part from his pre-writing experience of twenty-odd years as an executive working at the largest advertising agency in the world (where he ended up as CEO). Patterson knows far more about how to advertise and sell products than any employee at any publisher and has used his talent to sell far, far more books than he would have had he permitted his publishers to handle all his book promotion and advertising.

In response to the question, “Who better to sell a book than the person who wrote it?”, PG suggests the rational answer is, “Someone who earns his/her living by selling things.”

‘They Own the System’: Amazon Rewrites Book Industry by Marching into Publishing

16 January 2019

From The Wall Street Journal:

Amazon.com Inc., which over more than two decades made itself the world’s largest book retailer, has created an unrivaled display window that can catapult titles from obscurity to must-reads.

More recently it has built something else: Its own line of published books.

The novel was released in 2017 and featured on Amazon First Reads. The online promotion also is emailed each month to more than 7 million U.S. subscribers and exclusively showcases titles from Amazon Publishing.

“Wham, we get 300,000 downloads,” said Mr. Sullivan, whose title has sold more than 1.5 million print books, e-books and audio books. It was ranked No. 56 on USA Today’s top 100 best-seller list for all of 2018.

The Seattle-based giant houses 15 imprints in the U.S. under the Amazon Publishing banner, turning out everything from thrillers to romance novels to books translated from other languages. Amazon published 1,231 titles in the U.S. in 2017, up from 373 in 2009, the year it entered the $16 billion-a-year consumer book publishing business.

To promote these works, it has tools other publishers can only dream about owning, including Amazon First Reads and Kindle Unlimited, Amazon’s e-book subscription service. Together, they reach an estimated 10 million or more customers who can read offered titles with a few keystrokes.

“They aren’t gaming the system,” literary agent Rick Pascocello said. “They own the system.”

The promotional levers that Amazon has built to lure consumers can boost the opportunities of little-known writers and recharge the careers of experienced authors such as Mr. Sullivan. Amazon Publishing, the company’s book-publishing unit, together with its self-published authors, has made it a fierce competitor in lucrative genres including romance.

To some in the industry, it is an inherently conflicted structure, in which the most powerful retailer has a competing incentive to favor books it publishes and those from authors using its self-publishing technology.

On Wednesday, 16 of the top 20 books on Amazon’s romance best-seller list were titles from its book-publishing arm or were self-published on Amazon’s platform.

Amazon said its marketing and retail programs don’t give its books an unfair advantage, and that it offers all publishers a chance to use them.

“Our focus is on making sure that our customers get great content,” said Jeff Belle, vice president of Amazon Publishing. “The feedback from authors, customers and agents has all been positive.”

Amazon commands some 72% of adult new book sales online, and 49% of all new book sales by units, according to book-industry research firm Codex Group LLC.

. . . .

For authors, the company offers a huge potential audience, especially given the decline in large bricks-and-mortar bookstores. Amazon has more than 100 million Amazon Prime members world-wide, and its U.S. subscribers can pick one title from Amazon First Reads free each month. Non-Prime members pay $1.99.

On Jan. 2, Amazon First Reads sent an email to members about six new titles from Amazon Publishing. By early evening, those books were the top six on Amazon’s Kindle store e-book best-seller list.

. . . .

The scale of Amazon Publishing isn’t readily apparent because many rival booksellers decline to carry Amazon Publishing titles on their shelves.

“They get enough support on their own,” said Lori Fazio, chief operating officer of R.J. Julia Booksellers in Madison, Conn., which doesn’t stock them.

. . . .

Industry trackers say Amazon is shrinking publishing revenue in adult fiction by releasing so many low-price books from Amazon imprints and its self-published authors. Publisher revenue from adult fiction fell 16% to $4.4 billion in 2017 from 2013, the Association of American Publishers said.

“My suspicion is the cumulative impact of Amazon’s highly integrated retail and content programs is cannibalizing traditional publisher fiction sales.” said Peter Hildick-Smith, chief executive of Codex Group, the research firm.

Mr. Hildick-Smith said the decline in revenue for fiction issued by traditional publishers coincided with the Kindle e-book store’s growing share of the overall adult book market—up 43% between 2013 and 2017—to a bit more than a quarter of the total market. E-books skew heavily to fiction, and much of that increase comes from books self-published on Amazon.

Publishers that specialize in genre fiction, especially romance—a fount of publishing profits—are feeling the biggest impact.

. . . .

Independent romance publisher Entangled Publishing LLC offers a small number of erotic titles on Kindle Unlimited. For many titles, the small publishing house uses the distribution arm of a larger publisher to get its books into retail stores, a distributor that doesn’t participate in Kindle Unlimited.

As a result, most Entangled books aren’t likely to reach Amazon’s list of best-selling romance titles, which favors Kindle Unlimited titles. While Amazon has opened a lot of doors for authors and publishers, said Liz Pelletier, Entangled’s chief executive, the extra boost given to Kindle Unlimited titles makes Amazon’s best-seller list less applicable for publishers that don’t participate.

. . . .

Romance writer Lisa Renee Jones pulled her titles out of Kindle Unlimited in 2018 after her income fell by about one-third over a few months.

“I jumped on the bandwagon, but I later regretted it because it devalued me as an author,” said Ms. Jones, whose books have been published by St. Martin’s Press’s Griffin imprint and others.

An Amazon spokesman said thousands of self-published authors in 2018 “earned more than $50,000, with more than a thousand surpassing $100,000 in royalties.” The spokesman declined to say how many self-published books using Amazon technology were published last year. “Hundreds of thousands of authors have self-published millions of book since 2007,” he said.

Some have hit it big. Laurie Ann Starkey, a certified public accountant, quit her job in 2014 to become a full-time writer. She now owns a small independent press and employs 10 people as editors, managers and social-media staff. She generated $1.15 million last year in gross revenue, she said, mostly from her own books. About 89% of her sales were from Kindle Unlimited.

. . . .

Romance writer Inglath Cooper’s self-published novel, “Down a Country Road,” was ranked No. 52 on Amazon’s digital romance list on Jan. 15. She said Amazon has changed publishing, much like Netflix changed the movie and TV business, by making a large inventory of books immediately available to readers.

“Rather than resent the changes,” Ms. Cooper said, “I prefer to choose the opportunities available.”

Amazon Publishing helped resurrect the career of Mr. Sullivan, whose World War II novel found little traction among New York publishers. Previously, he had written more than a dozen novels, including with author James Patterson.

“My son urged me to try Amazon,” he said.

In March 2017, the influential trade publication Publishers Weekly reviewed “Beneath a Scarlet Sky,” saying Mr. Sullivan “lays on history with a trowel in this overstuffed tale of derring-do set in Italy during WWII.”

Amazon told Mr. Sullivan not to worry. “It was such a compulsive read that I knew it had the potential to be a big book,” said Danielle Marshall, editorial director of Lake Union Publishing, the Amazon Publishing imprint.

Link to the rest at The Wall Street Journal

“My suspicion is the cumulative impact of Amazon’s highly integrated retail and content programs is cannibalizing traditional publisher fiction sales.”

Of course, in a well-ordered world, traditional publishers and guys named Leonard would have continued to own the system and handled all the cannibalizing in a far more refined fashion.

We know how Leonard has changed (or not), but PG wonders how such publishers have changed in light of the impact of Amazon.

Of course, (returning to that well-ordered world), Amazon wouldn’t impact anything and nobody who is anybody would live in Seattle.

But order is not to be found in the 21st Century. In its own untidy and ill-kempt manner, change happens.

Or does it? PG hasn’t noticed much change in the cloistered halls of New York publishers. For them, the old ways are the best ways. Are they even capable of change?

Heaven forfend that Big Publishing would ever examine its treatment of all but a tiny slice of its authors or revisit its royalty structure or (gasp!) test whether reducing prices would increase sales on a commodity that, in the case of ebooks, has absolutely no additional incremental cost of goods for each additional copy sold after the first.

In a rational world, publishers would embrace the business of selling organized groups of electrons. After all, Bill Gates got rich selling electrons.

They wouldn’t even have to gather their own electrons. Amazon would collect gobs of electrons and sell them to people who liked to read while destroying nary a tree and then large bank transfers (more electrons!) would decamp from Seattle to Manhattan.

It’s so much easier to hang out with other publishers, whine about Amazon and reassure one another that, any day now, people will come to their senses and flock back to real bookstores to buy dead-tree books from impoverished clerk/drones, just you wait and see.


Clandestine

15 January 2019

PG has discovered an enthusiasm for Field Notes.

He admits this is somewhat irrational because they are paper and PG mostly keeps note-like information in digital form.

OTOH, if you were to spend more than 4 milliseconds examining PG’s desk and its surrounding environs, you would discover that the last thing PG needs is more paper.

However, Field Notes are not normal notebooks. They have a unique persona and, although more expensive on a square-inch basis than a ream of printer paper from Costco, are less expensive than a passion for antique automobiles or a drug habit.

The latest instantiation of Field Notes is the Clandestine edition, the covers of which are “surreptitious Urban Gray” and which includes a Field Notes Cipher Wheel for coding and decoding messages.

.

Link to the rest at Field Notes

 

Bookstores and Libraries (Planning for 2019 Part 3)

10 January 2019

From Kristine Kathryn Rusch:

If you’re a writer and, more specifically, if you’re an indie writer, there’s a lot of opportunity in the bookstore and library markets. Yes, indeedy, I’m talking brick-and-mortar stuff.

First, a reminder: I’m doing a short series reviewing 2018 with an eye toward 2019. If you have not read the first post in this series, please do so. I will be referring to it throughout the series.  In fact, I’d recommend that you read the entire series in order, simply because I’ll be referring to things in one post that I mentioned in a previous post. Otherwise, I’d be repeating myself ad infinitum.

. . . .

If you only saw my post on Barnes & Noble back in October, you’d think that all bookstores were in deep trouble. Barnes & Noble is in trouble. Despite the happy sunny much-too-upbeat headlines about B&N in December, the trouble remains.

The headlines are great, like this one from goodereader.com which says “Barnes & Noble Plans to Open 15 New Stores in 2019.”Doesn’t that sound wonderful? Thriving businesses expand, right?

But you need to actually read past the headline. Barnes & Noble is actually cutting back retail space, and probably cutting back on expensive leases. They’re going from stores that are at least 17,000 square feet to stores that are 14,000 square feet or less. And they’re moving those smaller stores to “entertainment districts or cultural centers.”

Um, you know, like independent bookstores. Only Barnes & Noble will have a self-serve kiosk and a “book theater” (whatever the hell that is) and “plenty of comfortable community seating areas.”

So, less space for books and less interaction with employees, but also lower rents (most likely) and less money invested in inventory.

In my opinion as a long-time retailer, this is about ten years too late for B&N, and I doubt it will fool their investors.

My analysis from October remains the same. If you’re a writer who wants to be traditionally published so that you have high visibility, you are making a bad choice. With B&N reducing shelf space and putting the final nail in the coffin of what once made their brand unique (having so many books on the shelves that readers could find almost anything), most traditionally published books will not be on the shelves in a brick-and-mortar B&N.

. . . .

The other cloud hovering over the horizon, at least for traditionally published writers, is the possible merger between the two remaining large distributors in the United States. On December 4, Shelf Awareness reported  that the Federal Trade Commission is doing a “preliminary nonpublic investigation” of a merger between Ingram and Baker & Taylor, the two big distributors to see if such a merger would violate antitrust law.

If this merger goes through, the United States would be down to one major book distributor for the entire country. Shelf Awareness opined in its article that the single distributor would have a role that would “be all the more significant because of the closure of most regional book wholesalers over the past quarter century.”

Shelf Awareness also wonders if the changes at Barnes & Noble, and the possible sale of Baker & Taylor by its parent company Follett are related. Shelf Awareness believes that Follett is one of the possible buyers of Barnes & Noble, saying:

Follett may want to sell B&T if it aspires to buy B&N, an approach that would lessen FTC concerns and avoid B&T’s non-B&N retail customers objecting and possibly taking their business elsewhere.

For traditionally published writers, the merger could be a serious problem. If, for example, a writer’s traditional publisher gets into a pissing contest with the merged distributor (Ingram Baker Taylor?) the way that the Big 5 got into a pissing contest with Amazon a few years back (a contest that continues on a small level even today), then many books won’t get into the major print distribution channel, and the very reason the writer went to a traditional publisher disappears.

. . . .

More likely, however, for traditionally published writers in this scenario is that their book is the fourth or fifth on the list published that month by an imprint. Publishers invest a lot of money in the top of the list, but rarely invest in the books farther down. Some of those books don’t even make it into the current distribution system, and might be shut out entirely of a single distributor who might mandate that they only take three books per imprint from a publisher. (These things happen all the time.)

If a writer is going to lose control of her copyright for the life of that copyright by going to a traditional publisher, then the writer needs guarantees that the book will visit all the possible store shelves, and get enough visibility to make such a loss worthwhile. But that kind of guarantee is getting harder and harder, and the physical store shelves have gotten smaller and smaller.

. . . .

The consolidation of the distributors will harm the sales of the blockbusters more than it will harm the smaller titles, further causing problems for the big traditional publishers. And you can already see some cracks in that blockbuster façade. For example, when Simon & Schuster released its year-end letter to stockholders, there was no discussion at all of increased sales of the front list (new) titles. Instead, CEO Carolyn Reidy’s claim that 2018 was S&S’s most successful year appears to be based on the growing audiobook division and a new attention to backlist sales. (And the audiobook division news will be part of the copyright discussions we will have later in this series.)

S&S is developing its own distribution line, which, in turn, will have a benefit for smaller publishers and indie writers. The more the big guns run their own distribution systems, the more they train booksellers to order direct from the publisher, cutting out the middleman.

Which means that small publishers and indie writer/publishers will benefit from the willingness of booksellers to order direct.

. . . .

Retailing is changing. The experience is becoming king. Besides, readers have discovered (remembered?) that it’s fun to go into a bookstore to find a book they didn’t even know existed. It’s easier to browse a brick and mortar store. And it’s not just about buying the book.

According to Washington D.C. economic development planner Ryan Hand (quoted in MarketWatch):

Shopping for a book is an emotional experience. The future of bookstores are small and mixed concept stores. [They will be] social spaces where you develop that emotional connection by books that are curated by literature nerds.

I had just such an emotional experience as I was researching this post. I stumbled upon an article in The Wisconsin State Journal about A Room Of One’s Own Bookstore in Madison, Wisconsin. Even though I culled my book collection way down on our move, I still have several books I purchased at A Room Of One’s Own decades ago, and I have very fond memories of the store.

. . . .

In many ways, these trends in bookselling mean that each bookstore will have its own unique inventory. A Room Of One’s Own in Madison won’t have the same books on its shelf as Writer’s Block here in Las Vegas. Some small booksellers will be amenable to carrying print titles from local authors; other small booksellers will not. Some, like a rabid anti-Amazon bookseller that I know in Oregon, refuse to take a book from any writer who publishes through Amazon. As one of those writers, I stopped recommending that bookstore.

The bookstores will develop personalities again, so that when readers travel, they’ll want to stop in the local bookstore—not to pick up the latest bestseller, but to see what kinds of offers that they might have missed in their own hometowns.

. . . .

As ebooks disrupted traditional publishing, traditional publishers have not figured out how to deal with libraries. When a traditional publisher sells a hardcover book to a library, that book gets only so many check-outs before it literally disintegrates and the library has to replace the book. Traditional publishers, faced with unlimited downloads of an ebook sold to a library, had no clue how to price the damn things.

And so began a quiet little war between traditional publishers and libraries that hit its zenith last summer when McMillan decided to “embargo” Tor science fiction and fantasy titles from libraries for four months after release.

Or, to put it in clearer terms, McMillan believed (based on no evidence at all) that library users would spend those four months buying the books they couldn’t get at the library. No journalist asked why they chose to make this move with their Tor book line only.

I suspect the reason was twofold: Tor’s sales have never been all that great, so they’re probably on an internal bubble (about to be chopped off if they don’t become profitable by a specific date) and some stupid logic that all businesses seem to have about science fiction and fantasy—that their consumers are cutting edge because those consumers read about the future.

Traditional publishers have long seen libraries as their enemy. This is because traditional publishers are a B2B (business to business) entity not a B2C (business to consumer) entity. In other words, publishers believe they sell their books to bookstores and retail outlets, not to readers. The bookstore is the B2C business, not the publisher.

. . . .

Let’s look at some information, shall we? This is from the U.S. based Institute of Museum and Library Services, for fiscal year 2016 (the last time these statistics were available):

(The IMLS annual Public Library Survey) shows that public libraries continue to evolve to meet changing community needs. More than 171 million registered users, representing over half of the nearly 311 million Americans who lived within a public library service area, visited public libraries over 1.35 billion times in 2016. Public libraries offered half a million more programs in 2016 than in 2015; 113 million people attended 5.2 million programs in 2016. In addition, the number of electronic materials continued to grow, with public libraries offering over 391 million e-books to their patrons in the United States.

The Library Journal reports that 25% of the collection materials in public libraries are ebooks. Potash told LJ that the publishing industry’s B2B problem means that it has no idea how many (paper) books libraries ordered because the orders were fulfilled by paper distributors.

Potash said,

…prior to ebooks, even the publishers never knew which libraries bought their books or how many copies, because [library orders] were being fulfilled by the traditional wholesale distributors…. Authors and agents aren’t appreciating that libraries are spending hundreds of millions of dollars…in print and digital, which is contributing to their earnings.

That shows up in the behavior of traditional publishers. They continue to treat libraries like a problem rather than an important part of the book ecosystem.

Link to the rest at Kristine Kathryn Rusch

If you like the thoughts Kris shares, you can show your appreciation by checking out her books.



.
A few weeks ago, PG posted a bit about his interaction with an early book wholesaler many years ago. He suggests that the long period of time it has taken for traditional publishers to decide to cut out these middlepersons and ship direct is Exhibit 2,507,438 in PG’s ongoing indictment of what terrible business managers inhabit the world of traditional publishing.

Publishers’ inability to understand the benefits of the marketing and promotional exposure their books gain through libraries is #2,507,439.

PG is less optimistic about the future of physical books and physical bookstores than Kris is.

PG has a long association with physical books. He was fortunate as a child that his mother took him and his siblings to the closest library on a regular basis and made certain there were always books around the house. PG worked in a large university library during his freshman year in college and became an expert at quickly locating books in the huge stacks where few mortals ever trod. When the PG offspring were young, the family visited a Borders on an almost-weekly basis to acquire more books and frequently stopped in at the local library as well.

When Mrs. PG was first published, PG attended a great many book signings at physical bookstores with her. For a period of about three years, the PG’s lived about 10 minutes away from a classic and well-known bookstore, a frequent stop for major authors traveling on national book promotion tours. Mrs. PG did a number of book signings at the store and the PG family frequently visited that bookstore on shopping trips as well.

Even after aggressive culling of the family book collection, PG still sees eight jammed bookcases, each 6 feet tall, whenever he walks out of his office. There are three other large (and jammed) bookcases elsewhere in Casa PG plus books on every coffee table, nightstand, etc., and a few corners where books are stacked on the floor.

PG has inserted that long history as a prelude for saying he doesn’t want to acquire any more physical books, in part because he knows he won’t read them. He can see several examples of unread physical books from where he sits. He much prefers to read ebooks now. The only time he is likely to touch a physical book these days is when he reads poetry to some of the third generation offspring (who are each extremely adept with an iPad).

On those rare occasions when the PG’s enter a physical bookstore, he’s pretty bored and neither of them have purchased a physical book other than as a gift for several years. PG feels no emotional thrill while wandering around looking at the books.

Perhaps PG is an outlier, but he doesn’t think so. He has not been inside a busy bookstore for several years now.

Even assuming that PG’s generation includes many who feel the excitement Kris describes when she discusses some of the attractive and unique bookstores she mentions in the OP, what about the younger generations?

PG submits that music stores were not all that different than bookstores a few years ago, with people of varying ages going in to feel the ambiance, listen to the latest releases and discuss artists and songs with other music aficionados. On Friday and Saturday nights, it wasn’t unusual for a local band to play at some of those stores. Buying a record or a CD in a music store was undoubtedly an emotional experience for many.

What happened to those music stores?

iTunes happened.

Today, only a small fraction of music enthusiasts buy or care about music on physical media. Everybody downloads music from iTunes or other online music retailers. How would you play anything but downloaded music on your smartphone?

PG is informed audiophiles believe that the quality of downloaded music is not as good as music written to CD’s or vinyl, but how many music lovers are interested?

PG would love to hear a reason why digital music and digital books are inherently unlike each other and why physical books will have a unique ability to survive as a mass medium when music in physically recorded form has not.

As DIY Litigants Crowd The Docket, Courts Step In To Help

7 January 2019

Not necessarily about authors and books, but an illustration of a problem that has been around as long as PG has been a lawyer.

From Law360:

Tarikul Khan turned around and whispered, “I’m scared now.”

Waiting in a wood-paneled Brooklyn courtroom for the first hearing in his lawsuit, Khan was watching U.S. Magistrate Judge Lois Bloom grill a plaintiff also representing himself, in an unrelated matter, about his failure to hand over evidence.

When he eventually stepped before Judge Bloom, though, the judge’s first remark was about how Khan’s complaint for disability benefits was unexpectedly shipshape.

Khan, 68, wouldn’t have been able to create that document without behind-the-scenes help from a key consultant.

“Ms. Cat made this. She did help, everything,” Khan told Law360 in the court cafeteria before the Nov. 8 hearing. “I can’t make this thing myself. I finished high school only, no college — a little bit of college. I have nothing like this.”

“Ms. Cat” is Cat Itaya, the director of the Eastern District of New York’s legal assistance clinic for “pro se,” or self-represented, litigants; it lives inside the courthouse and is run by the City Bar Justice Center. Khan visited Itaya beginning four months before his first hearing, and over six or eight visits — a couple with volunteer lawyers, but most with Itaya — she digested his story and put together a complaint in language the court could parse.

While they remain rare for now, clinics like the one in the Eastern District of New York appear to be catching on in federal court as a way to aid self-represented litigants, for whom putting together a legally coherent complaint can be an insurmountable barrier.

Link to the rest at Law360

PG says there is plenty of blame to go around.

– Laws are made by legislatures. Federal laws are made by the Congress of the United States. State laws are made by the legislatures of each state.

Most legislators are not attorneys. Theoretically, legislatures have access to attorneys who may help in drafting the language of the laws the legislatures pass. In practice, political or business advocacy groups may draft language that friendly legislators then submit for passage.

The legislative process involves a lot of negotiations and the results of those negotiations can be various provisions of the statutes that aren’t consistent with each other or that carve out exceptions to the general application of the statutes. Amendments to the statutes to solve perceived problems may generate additional problems.

It is very unusual for a legislature to simply eliminate laws that prior legislatures have passed without providing replacements. The net result of this behavior is a collection of laws that grows larger and larger over time. The first Congress of the United States met from March 4, 1789, to March 4, 1791 and subsequent congresses have been passing laws ever since.

– Many laws authorize federal or state agencies to write regulations to implement the laws. These regulations typically have the effect of laws. Once passed, regulations may be amended by the agencies without going back to Congress for approval.

Every working day, The Federal Register, publishes agency rules, proposed rules and public notices regarding agency rules and practices. During the past several years, The Federal Register has released 70,000-90,000 pages of new federal regulations each year.

To remain current on every regulation released by The Federal Register, an individual attorney would have to read 200-250 pages of new federal regulations per day every day of the year with no time off for weekends, vacations, holidays, etc.

– A popular idea for providing legal assistance for indigent individuals is to require attorneys to provide free pro bono (from the Latin pro bono publico,”for the public good”) services for such individuals.

For reasons that may already be obvious, no attorney is competent to handle every type of legal matter that may arise under state or federal law. The finest patent attorney in the United States would almost certainly have no idea how to handle Mr. Kahn’s disability claim described in the OP.

Speaking from past professional experience, PG can say that indigent individuals have different legal problems and requirements than school teachers, doctors, and bankers. The types of legal issues that indigent individuals face are within the realm of expertise of a very small number of attorneys. The reasons for this will be obvious – If you wish to earn your living as a lawyer, representing bankers is a better professional decision than representing indigents is.

– Can’t U.S. Magistrate Judge Lois Bloom help out Mr. Kahn with his problems as described in the OP?

A magistrate judge or “magistrate” is what amounts to an assistant judge operating under the direction of one or more US District Federal Judges. (A US district judge is one who conducts trials in cases that fall under federal laws. State trial judges do the same things for cases arising under state laws. In the US, there are many more trials conducted by state judges than federal judges.)

Under US law, judges are supposed to be neutral arbiters of the disputes that come before them, favoring neither side.

The OP doesn’t go into detail, but PG suspects Mr. Kahn’s claim for disability insurance was being pursued because the US Social Security Administration had denied Mr. Kahn’s claim for disability benefits for one reason or another. The SSA is the adverse party and Magistrate Judge Bloom is supposed to decide the dispute between Mr. Kahn and the SSA on the basis of the law and facts as she finds them without unduly favoring either side. If she coaches Mr. Kahn, she compromises her obligation to be a neutral arbiter.

Additionally, most Magistrate Judges are enormously busy handling a flood of various cases, including criminal cases in which the constitutional rights of the accused require speedy trials.

– Legal Aid or other legal assistance organizations as described in the OP can be a very good solution to the challenges PG has described. Essentially, such organizations include groups of lawyers who specialize in representing poor people in the types of legal matters in which poor people are commonly involved.

Unfortunately, funding for such organizations is always a problem. Most are funded by state legislatures. In some cases, the state bar association kicks in some money. In large and wealthy cities like New York City, city government and/or the city bar association may also help provide funding.

Whatever the sources of funding, there are always more indigent people with problems than there are salaried lawyers at a legal assistance organization to provide competent legal assistance.

A significant number of private attorneys provide voluntary legal assistance to indigents, either directly or through legal assistance organizations as described above.

Attorneys who specialize in the more remunerative areas of the law are often not of much use in assisting indigents because of their lack of knowledge about the law outside of their specialties. Attorneys in general practice, who, as a group, earn less than legal specialists, are of the most use to legal assistance organizations because of the general practitioner’s broader and more general scope of legal knowledge.

In a former life, PG was an attorney in general practice in a small town located in an area not known for its wealthy residents and represented a lot of poor people, either through the local legal assistance organization or on his own. He was also a member of the board of directors for that organization for several years.

Although he won’t go into detail, PG will say that some of the most personally-satisfying cases he handled in his former practice were for some of the indigent clients referred to him by that legal assistance organization. The term, “deserving poor,” has most definitely fallen out of favor, but some of PG’s former clients were excellent exemplars of that term.

As he said at the outset, this post is not necessarily about books and authors, but more for the general education of US visitors to TPV. PG knows little about similar problems and solutions in other countries other than to know they exist to a greater or lesser extent.

TPV receives visits from more than a few attorneys and they, along with everyone else, are invited to comment.

 

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