Use the BOSS System to Save Time and Reduce Frustration When Writing Your Next RFP

Writing a Request for Proposal (RFP) doesn’t have to be stressful. No really, stick with me.

Some corporations and all governmental agencies issue RFPs when they are looking for a company to fill a need. For example, a city may issue an RFP when they need medical staffing companies to create and bid on emergency operation plans in case of a natural disaster. Or a corporation may issue an RFP when they need a software specialist to overhaul their current system.

RFPs are an issuer’s method of relaying their problem or project to potential vendors and asking for a solution. They then use the process to identify the right vendor based on a number of factors, including their experience, ideas, and adherence to the RFP requirements.

Why RFPs Make You Feel so Overwhelmed

The process sounds simple enough, doesn’t it? But here’s where it gets complicated: RFP issuers have one goal in mind: to find the perfect vendor to fill their needs. And to come to that conclusion, they ask a lot — and I mean a lot — of questions. They want to know your background, your experience with similar projects, your plan for helping them reach their goal, along with every single detail related to it.

No wonder the process stresses you out.

Take the Stress Out of Writing with Organization

Here’s the thing: with a little thoughtful organization, the RFP process doesn’t have to be all that complicated. It’s true that you’re facing a monumental task — some RFPs can run 100 pages — but instead of looking at it as a whole, let’s talk about how to break it down into bite-sized, organized pieces. Doing this will take away some of the stress, and allow you to concentrate on creating a masterpiece that will win the bid.

The RFP BOSS System

I remember the first time I wrote an RFP response. I stared at the endless list of questions and multiple documents that held the answers and wondered how in the world I was supposed to extract all of that information and present a cohesive proposal.

And I struggled for a while. First I would read the question and then search the documents until I found the right information to compose my answer. And sometimes I would have to read through several documents to get all the information I needed.

Not a very effective method.

So, I stopped working on the RFP and regrouped. What I really needed was a system. I could continue hunting and pecking my way through the RFP, but that seemed like a monumental waste of time.

Something had to give.

And so I created the RFP BOSS system. If you’re faced with an RFP, use this system to organize your information before you begin writing your proposal, and you may come to love RFPs as much as I do.

I know, weird, huh?

B: Before You Start

The key to mastering RFPs starts the minute you receive the RFP document. If you completely understand what’s expected of you before you begin organizing your documents, it will make the process a lot easier.

That’s why you should read the RFP from front to back. Read it slowly and take in all the information the issuer is trying to convey. Don’t be tempted to skip over the parts of the document you don’t think you need, because often, there are nuggets of valuable information tucked away in them.

As you read the document, make notes of anything that’s unclear. Before you reach out to the issuer for clarification click on the link included in the first pages of most RFPs that takes you to the “answered questions.” There, you will find asked and answered questions from other people who read the RFP and probably had the same questions as you.

O: Organize the Information

Now that you understand the scope of the project, it’s time to organize the information in a way that makes it easy to use. Start by summarizing the RFP requirements into a list of its major sections. For example, you will probably have an executive summary, qualifications, technical plan, and more. To keep it simple, don’t make sections for subsections. In other words, if the executive summary includes subsections for history and experience, you should only include the executive summary in your list of sections.

After you’ve made a list of every section you will address in the RFP, highlight each one with a different color. For instance, the executive summary could be blue; the qualifications could be yellow, and so on. Don’t use red for this step because you will use it for a different purpose later on.

In the end, you will have a brightly color-coded RFP section list.

Put that aside for now.

Next, create a Word document (or whatever document system you use), and copy and paste all of the documents into it that you will pull from when putting together the RFP. For example, you might have an old RFP for reference, a company brochure, charts or graphs, and other documents that contain the notes you’ll need. Paste them all into this document.

Don’t worry about putting them in order just yet.  

Here’s where understanding the RFP is crucial. You now have a large, unwieldy document full of the information you need for your RFP. At first glance, it looks like an unorganized mess. But you’re about to change that and turn it into the key for your RFP success.

To do this, read the document and highlight each paragraph according to the correlating RFP section. You can only do this effectively if you’ve truly read and understood the RFP in its entirety.

For example, if you realize that you will use some random notes for the executive summary, highlight those notes in the color assigned to that section. If you see anything you don’t think you will use, copy and paste it into a separate document because you never know if you will need it later on. But delete that section from your main document.

Do this for the entire document. In the end, the entire thing should be color-coded. If you want, you can now organize the document according to color. In other words, put all of the yellows together, the blues together, and so on.

Now you’re ready to start writing.

S: Start Writing

Now that you have a complete understanding of the RFP and the information you will include in it, it’s time to start writing.

And trust me, it will be a lot easier now that you’ve done this preliminary work.

Start by choosing one color and focusing on that section of the RFP. You can start at the beginning of the RFP or the end — it doesn’t matter. Using your highlighted information, answer each of the questions in the RFP.

If you come across a question that you don’t have an answer for, highlight it in yellow in the RFP document. This will make the last step in the process much easier.

As you use each piece of information in the large document, change the color to red. By the time you complete the first section of the RFP, all of that section’s notes should be red.  

Now, go to the next section of the RFP and do the same thing. Continue writing the proposal this way. By the time you’ve answered each of the RFP questions, all the sections in your large document should be red.

S: Supplement

As you answered the questions in the RFP, you undoubtedly realized you needed information that wasn’t in the large document. Now is the time to find that information and fill it in. For example, maybe you needed to provide a phone number for a staff member but didn’t have that information.

Because you highlighted each piece of information you needed in yellow as you went along, all you need to do now is make a list of the required information and get it. And then enter it into the proposal.  

Guess what? You’ve just completed the RFP like a BOSS.  

Copywriter Q&A: Suzanne Kearns Talks the Ins and Outs of E-Book Publishing

The Writers For Hire (TWFH) team member Suzanne Kearns is our very own e-publishing guru. She’s written and ghostwritten more than a dozen e-books and her extensive list of published works includes a variety of genres, from how-to and business books to Christian fiction.

In this installment of Copywriter Q&A, Suzanne answers all of our burning e-book questions and clears up some common misconceptions about self-publishing (spoiler alert: writing and publishing your own e-book is way less complicated than you may think).

TWFH: How long have you been writing and publishing e-books?

SK: I’ve been writing e-books since 2016. I’ve published about 13 since 2016. I released two traditionally published books before that, but you don’t make any money that way.

TWFH: Why did you make the switch to e-books? Was it about the money?

SK: It was the whole experience. I published a non-fiction and a fiction book using a traditional publisher, and I had no creative control. Everything was very regimented, and I was operating on their schedule. Finally, I said, “Okay, there’s got to be a better way.” That’s about when the e-book thing started coming about. I said, “I can do this on my own.” I’m glad I did.  

TWFH: What do you like best about self-publishing e-books vs. traditional publishing?

SK: Control. When I published my first fiction book, the publisher changed the cover and title without my input. But probably the biggest eye-opener for me happened when I wrote my second fiction book and sent it to the publisher. That book didn’t have a happy ending. But I loved it! The ending was the best part of the book! My publisher said, “We have to change the ending. Readers want a happy ending.” I felt like I was a commodity and they were going to wrap me up and package me how they wanted, rather than just letting me be creative.

TWFH: One of your non-fiction e-books was a guide to publishing e-books. How did that come about?  

SK: When I decided I wanted to publish my own e-books, I started researching and I went to every webinar and read everything I could get my hands on. Everything that was published was a half-book that ended with a sales pitch: “Buy my $1,000 course to learn more about publishing an e-book!” It’s really predatory.

TWFH: What about marketing? There are a lot of companies that say they’ll do all of the marketing for your e-book.

SK: All they do is write press releases — and they usually charge you thousands of dollars to do it. There are two problems with that. A: Press releases don’t work for books, and B: You can market a book yourself if you learn how Amazon’s algorithm works.

TWFH: So, a press release isn’t the best way to market an e-book?

SK: People don’t buy books that way. I tried doing press releases in the beginning. They don’t work. They just don’t. Really, the thing that works with selling e-book is getting your book seen on Amazon. That’s the only thing you want to do. Amazon has algorithms, and there are very specific ways to get your book up in their algorithm.

TWFH: What’s the key to getting a place on Amazon’s algorithm? Can you explain the basics?

SK: It’s changed over the years. In the past, what authors would do is start out with a promo so the book would shoot up in rankings. So, let’s say you released an e-book and you sold it for 99 cents for one day. You might get 100 sales on that one day. And that used to be a way to move up quickly in Amazon’s rankings. But they’ve changed their algorithm now. The one-day promo doesn’t work anymore. They want to see a long, steady dribble of sales. Best way is to pre-release your book, and get the word out if you have audience or email list. Have sales dribble in. Run a promo and leave your book at 99 cents for a week. Then you’ll have sales every day. Amazon’s algorithm likes that. Then after two or three weeks, you can move it to regular price.

TWFH: What are some other things you can do to make your e-book stand out?

SK: It has to be visible and have a good description on the product page. You have to have a really good cover. If people see it and review it and like it, it will sell.

TWFH: What makes a cover “good”? Are there any rules?

SK: Yes! Your cover should be in line with genre that you’re selling. So, for example, if you’re writing fiction, you want a cover with bold colors and block print. That’s what readers expect to see. Whatever genre you’re writing, go to the best seller list and look at the covers. You’ll see that they’re all kind of similar. They all have the same kind of font; the same theme.

Readers know what their genre’s covers should look like. When they’re scrolling through Amazon, they’re not reading words, they’re looking at covers. And they just see a thumbnail. You have to catch their attention. They’re not going to stop and read what your book is about unless you can grab them with your cover.

TWFH: So, in addition to choosing an appropriate cover, what else can you do to market your e-book and make sure readers see it?

SK: Email lists are extremely important. There are several good mailing lists out there that showcase what’s on sale on Amazon. You buy a spot on a mailing list. There are three I use that work – and they always make their money back. You can buy a spot on Buck Books for and $29 and on Robin Reads for around $60. They always make their money back. There’s another one called BookBub They’ve got an incredible mailing list, but they’re also more expensive. It costs anywhere from $500 to $1,000 to get on their list. I haven’t tried that one yet, but I’ve heard it’s very good.

TWFH: Do you have any advice for a first-time e-book author?

SK: First, don’t buy into the idea that it’s complicated. It’s not. If you break it down really simply, it breaks down like this: You write your book, format it, get a cover, upload it, do a promo. It’s five steps. It’s just not that complicated.

I’d also recommend that if it’s your first e-book, consider hiring an editor. For my first book, I hired an editor and it was well worth it. 

And finally, a lot of new authors think they can put out one book and make a bunch of money. That’s not the case. You’ll need at least three books before you really start seeing some sales. Most first-time book most authors only make $100. Sure, some people publish one book and are runaway bestsellers. But for most authors, you need to be constantly publishing. Once you publish a book, you need to get another one published within 90 days or your books start falling in the Amazon rankings. There’s a lot of back end stuff involved. Amanda Hocking was the first person to make a million dollars self-publishing on Amazon. She wrote a vampire story. Everyone thinks that’s going to be them. It’s not. Well, it could be — but it’s a long shot!

You’ve got to put work in it if you want to get anything out of it.

Pen Names and The Famous Writers Who Use Them

If you have ever read a book and found yourself thinking that the style and way of writing seemed very familiar, it is possible that the book you are reading was actually written by your favorite author —only under a pen name.

A pen name, also known as a nom de plume or a pseudonym, is an assumed name used by an author, in place of their own name.

Some authors write exclusively under their pen name, while others write under both their actual name and their pen name (or multiple pen names, in some cases).

But, why do authors use pen names? And how do they come up with the pen names they use?

While the answer for that varies from author to author, we have come up with a list of 8 famous authors who have used pen names, and the reasons behind their decision to forgo their real names on their books.

Mark Twain (real name Samuel Clemens):

It is a well-known fact that Mark Twain’s real name was Samuel Langhorne Clemens. It is said that Clemens got the name “Mark Twain” from his former job as a riverboat captain. The term, “Mark Twain”, is a river term that means “two fathoms,” or 12 feet. The sounding of “Mark Twain” on a riverboat meant that it was safe to navigate the water. 

What is not so well known is the fact that Clemens also wrote under the names Thomas Jefferson Snodgrass, Sergeant Fathom, and W. Epaminondas Adrastus Blab.

It is said that Samuel Clemens chose to write under pen names as a way to have literary freedom.

It was also a way to protect his family from repercussions due to the content and opinions of the characters in his books.

Dr. Seuss (real name Theodor Seuss Geisel):

Theodor Seuss Geisel is famous worldwide for his children’s books, penned under the name “Dr. Seuss.”

Geisel first started using this pen name in college, after he was caught drinking by the Dean of the school, stripped of his position as editor of the Dartmouth college’s humor magazine, “Jack-o-Lantern,” and banned from writing for the magazine.

In order to trick the administration and continue writing for the magazine, Geisel adopted the name Dr. Theophrastus Seuss, which he later shortened to Dr. Seuss.

Geisel was not actually a doctor of any sort, having dropped out of the PhD program at Oxford.

The “Dr.” in his pen name was in honor of his father, who had hoped that Geisel would someday get his PhD. The “Seuss” came from Geisel’s middle name, which was also his mother’s maiden name.

While not nearly as famous as his “Dr. Seuss” pen name, Geisel also famously wrote under the names Theo LeSieg (Geisel spelled backwards) and Rosetta Stone.

George Orwell (real name Eric Arthur Blair):

When author Eric Arthur Blair was ready to publish his first book, Down and Out in Paris and London, he was concerned that his family would be embarrassed by the stories of their time in poverty.

In order to protect them, he decided to adopt a pen name.

He chose the name George Orwell to reflect his deep love of England.

George is the patron saint of England, and Orwell was the name of a river where he loved to go sailing.

Lemony Snicket (real name Daniel Handler):

It is likely that most people cannot identify any books written by Daniel Handler.

However, one would be hard-pressed to find someone who has never heard of Lemony Snicket and his popular children’s series’ A Series of Unfortunate Events and All the Wrong Questions.

It is said that Handler first adopted the pen name of Lemony Snicket when he was doing research for his first novel, Basic Eight. He needed to contact various right-wing organizations, but did not want them to have his real name. Thus, Lemony Snicket was born.

Stan Lee (real name Stanley Martin Lieber):

Debatably one of the most famous comic book writers in the world, Lieber originally made the decision to write under the name Stan Lee because he hoped to one day graduate to writing more serious literary work, and planned to save his real name for that.

Once it became apparent that he was destined to be known for his comic books, Lieber made the decision to legally change his name to Stan Lee.

Richard Bachman (real name Stephen King):

When King first started his writing career, it was a common belief in the publishing world that an author could only successfully release one book per year. In order to bypass this belief, King created the pseudonym “Richard Bachman,” so that he could release multiple books per year.

King ended up publishing seven novels under the name of Bachman, before the connection between his pen name and his real identity were discovered.

While King claims that he created his pen name in order to get away with releasing more books per year, it is said that he also wanted to see if “lightening could strike twice.”

He wondered if his writing talent alone could launch his Richard Bachman personality into as much fame as he had achieved under his own name.

Interestingly, though, the books he released under the name Richard Bachman did not gain success until it was publicly known that the books were King’s.

JK Rowling and Robert Galbraith (real name Joanne Rowling):

Now famous worldwide for her Harry Potter series, Rowling’s publishers were at first unsure if her target audience of pre-teen boys would accept stories about wizards that were written by a woman. For that reason, they encouraged her to use initials on the books instead of her first name.

Having no middle name, Rowling adopted the “K” from her grandmother’s name, Kathleen, and became known as J.K. Rowling.

What may surprise some, though, is that Rowling has been writing crime novels under yet another pen name: Robert Galbraith.

Rowling has said that she made the decision to write her crime novels under another pseudonym, so that she could freely write without having the pressure from being the author of the wildly successful Harry Potter books.

She liked the appeal of being able to create something completely different, and wanted her crime novels to stand (or fall) on their own merits.

Mary Westmacott (real name Agatha Mary Clarissa Christie):

Known as the Queen of Crime, Agatha Christie created 66 detective novels and 14 short story collections during her impressive writing career.

However, what is unknown to many is the fact that she also wrote six romance novels under a pen name, Mary Westmacott, which she managed to keep secret for 20 years.

It is said that Christie adopted her pen name, so that she could more easily switch genres from mystery and crime to romance.

The Ghostwriter’s Guide To Working With SMEs

Imagine walking into a small conference room where a dozen engineers, all experts in technology design for the heavy equipment business, are seated at two rows of tables, looking like the world’s most disgruntled jury. Their company is launching a thought leadership program and these women and men are tasked with coming up with the copy—something that’s likely way outside their comfort zone.

They are the subject matter experts, the SMEs. And while it’s true they know their subjects better than anyone else and have plenty of expertise, probably very little of it is in preparing marketing white papers or webinar scripts. This is a job that sounds difficult, if not dreadful, and will take time away from what they do best.

They just want to Get. Back. To. Work.

Which is why the company has brought in a professional writer, someone who can take the pain out of the assignment and make it a pleasure, instead.

The marketing manager introduces you. Then, to lighten the mood, he says, “You can’t see her, though, (dramatic pause) because she’s a ghostwriter.”

Crickets.

This is going to be a tough crowd.

Talking Tech to a Non-Tech Audience

In truth, working with subject matter experts can be tough, tricky, and trying for ghostwriters—and, ultimately, extremely gratifying. SMEs are busy people with a lot on their minds, facing grueling assignments and often impossible deadlines. Asking them to concentrate on one more thing is asking a lot.

Yet it has to be done. As thought leadership becomes an even more valuable B2B marketing tool, SMEs and ghostwriters will be collaborating more often—and the time better be well-spent.

Writing doesn’t necessarily come naturally to the typical engineer or technical director. It’s not always easy for them to take what they know and put it into words—at least words that the average, less technical buyer might understand. And that’s who many companies are talking to these days, the non-engineering procurement staff who will influence the buying decision.

Which is why the ghostwriter is there in the first place: to slice through the jargon and make the content as accessible as possible.

The Secrets to Starting Strong

Even if they’re the first to admit they’re not great writers—and they think having to create a thought leadership piece is a drag—SMEs are brilliant, highly accomplished individuals who bring at least a little bit of ego to any assignment. They want to succeed. The first step for the ghostwriter, then, is to assure the SME that they are embarking on a collaboration that will expand the SME’s reputation as an industry leader. That’s a pretty difficult offer to resist and it’s likely to increase buy-in on their part.

At the same time, they want to feel as confident in the ghostwriter’s skills as they are in their own. It’s appropriate for ghostwriters to mention their own credentials and portfolio—not for the sake of showing off (that comes when the ghostwriter does an amazing job with the copy) but to prove that they have the chops to understand and explain complex concepts, and aren’t simply word merchants.

Of course, going in no one expects the ghostwriter to have a firm grasp of the SME’s topic. But neglecting to do at least a few hours of homework before hand is a major mistake. Some basic understanding is required to at least kick off an intelligent conversation and prepare some thoughtful preliminary interview questions. (By the way, while the ghostwriter needs to talk the SME’s language, there should be no expectation that the SME understands writing lingo. Writers know “cutlines,” people know “captions.” Captions it is.)

To wrap up the initial “getting to know you” phase, there should be agreement on what the assignment is. That may sound like an unnecessary step, but SMEs accustomed to preparing materials for conferences and professional journals may need help understanding, for example, how a marketing white paper is different from a technical white paper.

Now’s the time to agree on interim and final deadlines, determine what the review and approval process will be like, talk about what success will look like, and find out as how the SME wants to be contacted—email, phone call, or text. That last point comes with the ironclad promise that the ghostwriter won’t bother—er, reach out to—the SME unless it’s absolutely necessary.

Guided by Style

Engineering personality-type jokes aside, no two SMEs are alike and the amount of writing support they want can vary widely—and it doesn’t always match the amount they need. Some SMEs will take a crack at a first draft and let the ghostwriter make only small edits, others will hand over their notes and give the ghostwriter free rein. The company’s marketing team typically acts as arbiter, helping to negotiate the right balance and getting everyone on the same page.

Another area where dust-ups can occur is around writing style. Accustomed to preparing technical pieces, SMEs often have trouble letting go of formal language and seeing their words presented in marketing-speak. And this can go to extremes—after a ghostwriter deleted Mr. and Mrs. before the names of co-authors, the SME put them back then asked whether they should be there or not. It’s useful to know that the SME was not a native English speaker but he was writing for an American audience. (Which brings us to another point: the “brash American” isn’t a myth. Ghostwriters may have to tone down their personalities or amp up the politeness factor when working with a SME from another country.)

In the end, patience, a thorough understanding of the company’s Style Guide, an intimate knowledge of a third-party resource like AP Style, and a good relationship with the marketing team can be the ghostwriter’s most important tools.

Big Risk and Big Rewards

Invariably, ghostwriters have to make some “high-risk” decisions about how content is presented—like when the SME’s copy is so dense or high-level only another SME would have an inkling about it. In cases like this, what works best is for the ghostwriter to make the appropriate edits then explains why. A note in the margin that says, “This is what I’ve done; I hope I haven’t introduced any inaccuracies,” goes a long way toward getting the SME to agree to changes while ensuring technical precision.

Once the thought leadership piece is in print, it’s time for the SME and ghostwriter to look back, assessing what worked, what didn’t, and how things could be improved next time. Because if the ghostwriter has done the job right, there will be a next time, and it might be something the SME even looks forward to.

How To Find A Book When You’ve Forgotten The Title

Have you ever tried to find a book you read years ago, only to discover that you have no recollection of the book’s title or author?

Unfortunately, books are not categorized by storylines or characters (you know, the things that we CAN easily remember). They are categorized by the titles and authors— the very things that we cannot seem to recall.

So, how can you find a book without knowing the title or author?

Well, we found a great article from the New York Public Library that can help solve this book-finding dilemma.  The article gives some great advice on finding books through a Google search and even provides links for some crowd-sourcing sites dedicated to helping people find books without knowing the titles or authors.

Before You Record an Interview, is it Legal?

In the era of smartphones where an audio recorder is often a standard device function, recording a conversation, an interview, or a business meeting has never been easier.

A quick thumb swipe over that red record button gives us a resource to fact-check what we just heard. It can help us engage with the people who are speaking to us rather than furiously taking notes with our head down. In some cases, an audio recording can protect us from legal challenges and professional embarrassment.

But a simple audio recording, as well as video recordings, come with legal and ethical baggage. Depending on what state you or your subject is in, recording someone speaking without their consent can be illegal as well as unprofessional. Here’s why and how to avoid the pitfalls surrounding the simple action of hitting record:

What does the law say?

A better question is what do the laws, as in plural, say about this? That’s because different states have different laws, which can also differ from the federal law.

The federal law 18 U.S. Code § 2511, which primarily revolves around wiretapping, requires the consent of only one person in the conversation for a recording to be legal. This is known as one-party consent. If you are conducting an interview, because you are involved in the conversation, your consent is enough to make an audio recording legal. There are 38 states and the District of Columbia that mirror this federal law.

California, Florida, and eight other states have much tighter laws. These states require what is called two-party consent. However, these laws technically require all people in the conversation to consent to a recording, according to Matthiesen, Wickert & Lehrer, a law firm with offices in Wisconsin, Louisiana and California.

“It’s helpful to think of a conversation as being presumptively private,” said Felix Wu, a law professor at the Benjamin N. Cardozo School of Law. “They should not be able to spread it to whoever they want.”

Nevada has a unique situation. By law, it is a one-party consent state, but how the courts interpreted that law in the case Lane vs. Allstate Insurance Co, makes it operate like an all-party consent state.

Law enforcement can bypass any federal or state restrictions with court approval, which can allow them to, say secretly record a phone call between mafia bosses.

Check out these detailed guides here and here to see the law in your state.

What law should I stick to?

Unless you have a powerhouse legal team you can easily consult, it is better to be safe than sorry. “Typically, whatever state you are in, if that state’s law is more stringent than the federal law, usually the state law would govern,” said Deborah England, a California-based litigator who specializes in employment law and civil rights.

If I am located in New York, a one-party consent state, and I am recording someone who is in California, a two-party consent state, what law do I follow?

There is no concrete answer to this question so before figuring this out, ask yourself why you are reluctant to request the consent of all parties in the conversation. If there is no reason not to, why not get the consent of all parties? The reason for this is as much ethical as it is legal, which we get into further down.

But back to the original question. “A good rule of thumb,” according to the guide from law firm Matthiesen, Wickert & Lehrer, is to follow the state law where the recording device is located. So because the recorder would be located in New York, you only need the consent of one party. However, some jurisdictions might take the rule of the more stringent law so California’s two-party consent would be the one to follow.

You also need to consider where the recording will be used. If its use is restricted to New York and not California, one-party consent could apply, according to England. “Then the question would be, well what does it mean to be used in California?” she said. “If you’re writing for a publication or you are releasing the recording in such a way that it would be distributed in some way in California, then you could have a problem.”

Why do these laws exist? What are they protecting?

In early American law, “eavesdroppers, or such as listen under walls or windows, or the eaves of a house” were addressed to protect against “slanderous and mischievous tales,” according to a report from the Congressional Research Service. However, the first version of a wiretap law aimed to bolster national security and prevent the disclosure of secrets during World War I.

Over the years, the law shifted back to protecting the privacy of citizens against the overreach of government, business, and individuals. Technology also had an impact. The Electronic Communications Privacy Act of 1986  updated the Federal Wiretap Act of 1968 with provisions to not just protect against recorded phone calls over traditional telephone lines, but also digital and electronic communications. The law continues to evolve with technology.

These laws don’t just protect confidential information or personal statements that are supposedly made in private settings. “In California, it covers such things as my professional image, my brand, and reputation,” England said. “It covers how I am presented publicly.” For example, the contents of a leaked conversation that was never intended for public consumption could come without context, perhaps making the speaker appear foolish or ignorant. 

Recording a conversation without consent might be legal in some states, but is it ethical?

Within journalism, ethics puts the bar higher than the law of most states when it comes to recording conversations. The New York Times requires its reporters to notifying all parties regardless of legality.

There are many benefits to this other than avoiding legal troubles. “It helps build trust” if a journalist is transparent about how they are gathering information, said Wendy Wyatt, a communication and journalism professor at the University of St. Thomas. The same can be said for building trust between business associates or with a client whose biography you are writing.

How does NBC or CNN get away with secretly recording someone for a news story?

Photo by Gavin Whitner

A recording might be intentionally done in a one-party consent state where the consent of the undercover reporter in the conversation is enough to make it legal.

An expectation of privacy also comes into play. If a secret recording is conducted in a public setting like a car park or a restaurant, then there is no expectation of privacy and the contents of that conversation could possibly be legally recorded.

Another avenue is getting permission from the subjects after the fact. But why would someone consent to a recording that puts them in a negative light? “It happens more than you think,” said England.

How can I prove consent was given?

This can change from state to state. In some jurisdictions, consent can be implied by someone’s continued participation in a conversation after they are notified they are being recorded, according to Matthiesen, Wickert & Lehrer. In Connecticut, consent must be either verbal and recorded or given in writing, according to Poynter.

But if a dispute arises, it’s much easier to have a record of consent. England recommends that consent is verbalized by all parties at the onset of a conversation and that this consent is recorded.

You could also request consent in an email ahead of time, “as long as you got an affirmation because you don’t want them saying later ‘I didn’t get the email’ or ‘I didn’t read it,’” said England.

What if I forgot to notify all parties that I am recording the conversation?

First, this is only an issue if you or someone else in the conversation is located in one of the 11 states that have two-party consent.

Second, it is rare that a court case or lawsuit is driven solely by an illegal recording. “In my experience, seditious recordings come up collaterally as a result of a dispute about something else,” said England.

For example, an employee might record a conversation with a colleague to prove sexual harassment. If that colleague did not give permission, the audio of that conversation would be inadmissible as evidence during a trial in California, according to England.

If you are a journalist or a biographer and you have identified yourself as that ahead of an interview, you could argue recording might be assumed, said Wu. “In a lot of cases, there’s the practical part of do they actually care? Would they actually object to the fact or go after you for it?” he said. 

It’s worth noting there are reports in California of efforts to “extract class-action settlements” from out-of-state companies. In these cases, the companies were unaware of California’s two-party consent laws and recorded business or customer service calls without notifying all participants.

Can a source retract their consent to a recording after it has been made?

Again, there are both legal and ethical considerations.

Unless you agreed to allow the source to review and approve of the recording, transcript or article that resulted from the recording, “it is pretty hard for a source to retract permission,” England said, of the legal perspective.

Ethically, a request to retract information deserves consideration, according to Wyatt. Did the subject say something factually inaccurate, which could lead to inaccuracies in a published article? Could that information lead to personal harm for the subject or someone else? “It is important for journalists to help people understand what it means to be interviewed for a news story and what the rules of engagement are,” said Wyatt.

If an audio recording can be illegal, how about the transcript of that recording?

This is a gray area. On one hand, the Reporters Committee for Freedom of the Press warns that federal and some state laws make it illegal to possess as well as publish the contents of an illegal wiretap or recording. That is even the case if the recording was made by someone else.

However, the Supreme Court has ruled favorably towards the media in cases where illegal recordings were published, but their “implications for news gatherers are still not entirely clear,” the committee wrote in its Reporter’s Recording Guide.

Gaining consent for how a recording or its contents might be used can avoid issues later on. For example, if you record a business meeting for internal purposes and that recording is publicly released, that goes far beyond the boundaries of what was originally agreed to by those in the meeting, England said.

Are you allowed to “tweak” quotes if you keep the same meaning?

Recording a conversation creates an exact history of what was said. Altering verbatim quotes from that conversation will put you back on shaky ground both ethically and legally, even if you did get the consent of everyone involved.

In the legal sense, you had better be certain you are not changing the meaning of the quote you are tweaking. If the alteration “places the source in a bad light, it could lead to a defamation claim,” said England. Other problems can also pop up. Does the alteration put the source in legal jeopardy, or lead to a loss of money or employment? If yes, then it could open the door to a lawsuit. Did the journalist or person responsible for the misquote profit from it? That could lead to a possible fraud charge, according to England.

The practice of “cleaning up” quotes, which includes correcting grammar or awkward phrasing, is frowned upon in the journalism industry. For example, the New York Times prohibits its writers from doing this other than removing “extraneous syllables like ‘um’ and may judiciously delete false starts,” according to the paper’s ethical standards.

The laws surrounding a recorded conversation are not simple. What is simple is requesting the consent of all parties involved to ensure a recording is legal no matter what state you or the subjects are in. It will build trust between those involved, give the conversation or meeting an aura of professionalism, and keep you on the right side of the law.

*Feature photo by Gavin Whitner*

I Shot the Serif: Is Font Choice Important?

When I married a man with the very Italian surname of Iacullo, I had no illusions about the spelling and pronunciation mishaps that were likely to follow. I knew I’d have to endure a certain amount of ribbing about the surplus of vowels in the old country and make endless attempts to explain that yes, my new last name really did begin with the letter “I” followed by “A,” and no, it wasn’t actually that difficult to pronounce.

This wasn’t a big deal for me. After all, I’d already spent 30 years with a maiden name – DeLay – that gave me an incentive to be patient with customer service representatives who were sure I’d actually said “Daley” or “Delaney.” (I’d also learned to smile my way through conversations with teachers who delighted in dropping hints about homework deadlines and airline employees who tried to make light of scheduling mishaps.)

A little more than a decade ago, though, things started to get weird. More specifically, I started to get mail addressed to “Jennifer Lacullo” instead of “Jennifer Iacullo.” I also started having to explain to befuddled pharmacists, receptionists, and clerks that they should check to see whether my information had been misfiled under “L” rather than “I.”

I didn’t quite understand why this kept happening – until I installed Microsoft’s Office 2007 suite on my computer.

One of the first things I noticed about the new software was a change in the default font used for Microsoft Word. The venerable Times New Roman was out, replaced by an upstart sans-serif font that went by the name of Calibri.  

I had no real objections to this change at first. In fact, my initial impression was that Calibri was somewhat more elegant and less blocky than sans-serif stalwarts such as Arial and Helvetica.

But then I saw what happened when I typed my married name.

In Times New Roman, “Iacullo” had been relatively easy to read. Each individual letter had a different appearance, and the serifs made it easy to tell the difference between the upper-case “I” and the lower-case “L.”

In Calibri, “Iacullo” was a more slippery target. Without the serifs, the two letters in question looked virtually identical:

Once I saw Calibri in action, I realized that Microsoft Word was hardly the sole offender. I noticed that most online forms used Arial or another sans-serif font that made little distinction between the upper-case “I” and the lower-case “L,” and I deduced that most of the confusion occurred in situations where people had to read my contact information on a screen and then write it out by hand on another form. I then asked myself whether I could avoid this problem by using only lower-case letters when filling out online forms but concluded (regretfully) that I wasn’t willing to forsake proper capitalization, even if there were no serifs available to plead my case.

Visuals matter

On one level, the above is a purely personal anecdote – a mildly humorous tale about the collision between Italian last names, web designers’ preference for visually crisp fonts, and my own stubborn adherence to the rules of capitalization that I learned so long ago.

On another level, though, it is a plea to remember that visuals matter.

Certainly, there are reasons to go with sans-serif fonts. When you’re tired or distracted or hustling to meet deadlines, it’s easier to fall in line with the default choice – to let Microsoft Word compose your letter in Calibri, for instance. And when you’re a web or app designer who wants every pixel on the screen to be clear, it’s logical to use a sans-serif font such as Arial, which will never have the fuzzy look of serif fonts such as Times New Roman.

But the world doesn’t end at the edge of our screens. The words we see on our monitors and on our smart devices don’t always remain in the digital realm. Even when we’re trying to maintain a paperless office or rely exclusively on electronic records, sometimes we have to write information down by hand or retype it on another machine. If so, mistakes can happen – especially when we’re in a hurry and just trying to jot down what we see. And sometimes the price of such mistakes isn’t just the exasperation felt by people in my situation (or by people such as my friend Ilana G-, who has told me that she regularly receives mail addressed to “Llana G-”). There can also be consequences such as delays in picking up urgently needed medication for hospital patients in critical condition and difficulties in obtaining accurate contact information for potential new clients.

Likewise, sometimes we have to take the information we obtain from screens and turn it into printed material, such as a quarterly earnings report or a legal filing. And if we print it in sans-serif fonts, we run the risk of turning out material that will be difficult to read. (On paper, serif fonts tend to be easier on the eye and the brain because each letter has a distinctive look.)

The good news is that there is a simple two-part way to avoid the negative results discussed here. First, when typing something up, ask yourself how the text is likely to be used. If it’s going to stay on the screen and never go offline, sans-serif fonts are likely to be fine. (Indeed, they may even be preferable from a visual standpoint.) If it has to be printed out or transferred to another format, consider using serifs to enhance readability – or look into sans-serif fonts such as Optima, which use subtle visual cues to suggest serifs without compromising their clean lines.

5 Books Every Aspiring Writer Should Read

The well-known author, Stephen King, famously said: “If you want to be a writer, you must do two things above all others: read a lot and write a lot.”

As with any profession, the more writers can study their craft and learn from professionals, the better they will be. But, are all books treated equally? Or are there certain literary works that are more beneficial to honing one’s craft?

While there are a multitude of good books that can teach you different words, styles, and ways of writing, we have come up with a list of 5 great books that we feel every aspiring writer should read:

  1. 1. On Writing: A Memoir of the Craft by Stephen King:

    Best known for causing pure terror among his readers, it is no secret that King is a master at his craft. In this fantastic memoir, the author tells stories of his experiences as a writer, while providing some valuable advice for those hoping to follow in his footsteps.

  2. 2. Ernest Hemmingway on Writing, edited by Larry W. Phillips:

    While Hemmingway never actually wrote a book giving writing advice, he did share his insights about the topic in various commissioned articles and letters to his publishers, agents, and friends. Those insights have been complied into this great book, which is a true inspiration for aspiring writers and professionals alike.

  3. 3. Zen in the Art of Writing by Ray Bradbury:

    The author, best known for his book Fahrenheit 451, wrote this inspirational piece about the lessons he has learned during his long and successful career. While Bradbury primarily writes science-fiction, this book provides some great advice for all writers, regardless of preferred genre.

  4. 4. The Elements of Style byWilliam Strunk Jr. and E.B. White:

    This is “must-read” for anyone who wishes to make a living as a writer. This well-known writing guide is a valuable source for teaching aspiring writers how to communicate clearly and effectively in their writing.

  5. 5. Letters to a Young Writer by Colum McCann:

    This brilliant book by Colum McCann is a collective “how to” guide on becoming a writer. From writing dialogue and developing characters, to finding an agent and publishing, this book is full of invaluable advice for aspiring writers.

Copywriter Q&A: Repurposing Marketing Content with Merrisa Milliner

The Writers For Hire (TWFH) team member Merrisa Milliner has a background that makes her uniquely suited for content creation: She got her start as a magazine editor, where she honed her skills developing content and maintaining an editorial calendar. From there, the self-described “big-picture thinker” moved into a series of corporate communications and marketing positions, where she combined her editorial acumen with her gift for planning and strategic thinking.

Merrisa sat down with us recently to discuss fine art of repurposing content. The quick-and-dirty takeaway: If you follow a few best practices and choose the right pieces, repurposing content is a great way to get the most bang for your marketing and copywriting buck.

TWFH: First off, let’s define “repurposing.” What is repurposing, exactly? How is it different than simply duplicating work you’ve already done? 

MM: A lot of times, the format is going to dictate that. For example, if you have three existing blog posts, add an intro, and put them together into an eBook, that’s repurposing. Or, vice-versa: If you have, say, an eBook and you take a couple of individual chapters and edit them slightly for your blog, that’s repurposing. You’ve packaged the content differently. I don’t consider that duplication.

TWFH: What is the benefit of repurposing content, from an internal perspective?

MM: You save time and money; you get more bang for your buck, marketing-wise. You can use the content you’ve created to serve different purposes and to help you further your marketing strategy. You can repurpose content to meet certain goals. For example, if you have an eBook that’s a free, downloadable pdf it’s serving as a lead magnet. But if you’re pulling it apart and using it for blog content, it’s more about informing customers, staying in touch, and helping your SEO.

TWFH: What are some types of content that can be repurposed?

MM: One thing that immediately comes to mind is a company history book. That’s a great example of something that can be repurposed. You’ve spent time and money on a massive company history book, and you’re searching for blog or newsletter idea — why not pull something out of the book and use it?

Or let’s say you have a blog post with four images or infographics. Can you pull out those images and use them to create four new social posts that direct traffic to your blog? You could also take information from your existing content and use it to create an infographic. Infographics are highly shareable. People don’t read as much anymore, but infographics and images are very popular because they’re easy to scan and they grab the eye.

TWFH: How do you decide if something is worth repurposing?

MM: Most companies have some standard keywords or hashtags they’re using for SEO. That’s definitely a relevant thing to look at. It’s worth repurposing a piece of content that can help in any of those channels. And, obviously, anything that you think would be interesting to target audience.  

TWFH: Is there any type of content you would NOT repurpose?

MM: I think that depends on a few factors. Is the information still relevant and useful? Is your audience is going to be interested? Before you say, “Hey, I think our blog post could make an eBook,” ask yourself, “Will my audience read X number of pages about this topic?” If the answer is “no,” don’t do it. 

TWFH: Is there a “waiting period” for repurposing content?  

MM: No. The reason for that is, very often, you can use repurposed content to cross-promote. Let’s say I just launched my new eBook. Now I’m going break it apart and pull out some pieces for a series of blogs — and in each one, I’m going to promote my new eBook. In that case, I wouldn’t actually want to wait. I’d want to do that pretty close to launch. Really, you want to be thinking about how your pieces of content all play into each other and how you can use them and re-use them to get the most bang for buck.

TWFH: So, do you always create new content with an eye toward repurposing it?

MM: Yes. That’s partly because that’s just how my mind works. I’m “big-picture.” But I think it would make sense for anyone to do that.

TWFH: Do you use any strategies to make sure that a piece is easy to repurpose?

MM: I think some of it can come down to the format and style you use. For example, if you want to create an eBook that will be easy to break into blog posts, format it accordingly. Use lots of subheads and bullet points. Keep chapters and sections brief. It’ll be harder to do that if you’ve got something that’s very dense and text-heavy.

TWFH: It seems like this is where planning might be helpful. Do you find that you draw on your experiences creating editorial calendars?

MM: Yes. It’s easy to overlook all the different ways you can use content. But if you purposely set out with that in mind, that’ you’re going to see opportunities for repurposing right away. If you don’t plan, you’ll often end up with a bunch of blogs on random topics. For example, if you have a blog, you can create a 12-month editorial calendar and organize it with the goal of creating a series of e-books. You can plan to do three or four blogs per month on a specific topic, and then at the end of the year you can combine them and re-purpose them into an e-book. You could also do this on a quarterly basis. What’s really important is that you have content that fits together.

TWFH: What about industries or companies that rely on very timely blog content that’s hard to plan? Or departments that don’t do editorial calendars?

MM: If planning is not your forte or if it’s simply not the way you do things, I’d suggest taking a look at your existing content once a quarter or so. Some of your content might seem a little random and unrelated, but then you might notice themes that show up naturally. For example, you might notice that you’ve got three articles about manufacturing. Can you combine them and repurpose them into a single eBook? 

TWFH: Is there a limit to how many times you’d repurpose something? 

MM: I think it depends. For social media, you can repurpose content several times and just take a different angle each time. For blogs or e-books, on the other hand, I would recommend repurposing the content just once. There aren’t many to change it up so you’re not just saying the same old thing or duplicating your content. 

TWFH: So, how do you avoid saying the same thing? How do you keep repurposed content fresh?

MM: This is another reason an editorial calendar or quarterly review is helpful. This gives you an opportunity to get purposeful and go back through your content. Have there been any new developments? Is there anything you can add to refresh or make this content more relevant? 

TWFH: What about unsuccessful content? For example, a blog post that never really attracts readers — how do you know if it’s worth trying to repurpose? How do you know if it’s NOT worth trying?

MM: I think most people have a good feel for whether content should succeed. Ask yourself this question: Were you surprised that the content didn’t succeed? If your post was unsuccessful but your gut is still telling you it’s good, interesting information, you should look at different ways to present that information. But if you look at it and say, “That’s not very interesting, and I can understand why it didn’t succeed,” it’s probably not worth it.

TWFH: We’ve talked about the “standard” sources of content for repurposing – blogs, eBooks, social, etc. But are there any surprising, under-the-radar places to find reusable content?

MM: When I was working at in marketing at an engineering firm, we entered a lot of industry competitions. Typically, you’d have to fill out these huge entry forms, and they ask for detailed descriptions of past projects and areas of expertise. There are some really good stories in there, and they’re not typically published anywhere else. Another surprising source is proposals. They can be kind of dry and technical, but sometimes they have good information and good stories. Because again, a lot of times when you’re writing a proposal you’re thinking about successes you’ve had, or you’re presenting case studies.

15 “Must Read” Autobiographies

Autobiographies can be fascinating to read. Discovering intimate details about someone’s life, as seen from their own perspective, can give you insight into who that person truly is and what makes them tick.

Not all autobiographies are award winning, or even worth reading, though.

Luckily, we have found a  great article from lifehack.org, that lists the “15 Best Autobiographies” that everyone should read at least once in their lifetime. From Benjamin Franklin to Maya Angelou, the books in this list are sure to spark your interests, and provide you with some incredible information about these well-known personalities.