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In my day job (the one I use to hide my secret identity as Superfiction–not be be confused with SuperChicken), I work in a law office. Much of my job involves writing legal documents, or what I like to refer to as “creative non-fiction.” Given the type of law our office routinely deals in, I have a certain latitude not available to scribes in more constrained areas of practice, a circumstance which lends itself well to my talents.* I can give a freer rein to my literary spirit than others might, and this serves very well. I am, in short, very good at my job.

Oddly enough, I find that is far easier to become emotionally involved in writing legal non-fiction than in my fiction. There are two likely reasons for this: First, we represent consumers who have been wronged, often horribly, by large corporations. It’s not hard to take a harsh stance under such conditions. Second, legal complaints and briefs are designed with a specific goal in mind. You never have to wonder about character motivations, or whether you want an ambiguous outcome. Motivations and desired outcome are already determined, and you simply have to work toward them. As a bonus, the time it takes to receive a ruling on a legal argument is often less than the time it takes to get an answer from a lot of magazine editors (and in my case, the incidence of positive returns is much higher).

So if creative non-fiction is easier, more focused, and more fruitful, why do I prefer the other kind, the hard stuff, the things that may take years to sell (if they ever do)?

(Yes, I’m probably not right in the head. We’ve been over that.) The difference is what I need to write versus what I want to write. Complaints are what I write for other people; fiction is what I write for myself. If I write a brief that brings a ruling in our favor, I might high-five the boss. If I write a story that sells to a pro market, I dance around the room like an idiot. (No one who has seen me dance will argue that point.)

When you write a brief, you gather up case law and arguments that other people have made and incorporate them into your situation, and it’s all perfectly fine, but at the same time it’s not all you. But a short story–that’s all you. At most you put your draft (after you’ve written it, alone) out in front of beta readers and they make suggestions, but it’s still your idea, and your draft, and your decision what to use in the end.

Is it, then, creative control that determines the issue? Is it the personal stakes? Is it, perhaps, the very fact that the odds are so much more daunting? Which of these explains the conundrum?

The answer, I think, as so often occurs in life, is “all of the above.” Oh, and that insanity thing, too. Don’t forget that.

*And by “latitude,” I mean strictly in the stylistic sense.

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