Hundreds of law books (and an increasing number of ebooks) are published every year on every legal topic; whether student books, handbooks, or ‘black letter’ law books.
All of these books/ebooks started out as nothing more than ideas, either in the head of the author or the publisher.
So, how can a new author with an idea set about writing a legal text, and what can they do to try to make it a legal bestseller?
Prior to a publisher approaching an author about a new book/ebook, their research will have covered the following:
- Why publish on this topic?
- Why publish now?
- What is the intended market?
- Are there any competitor books and, if so, how will this book differ? If there are no competitor books, why is there a need for this book?
It is these questions that an author needs to bear in mind when formulating a formal proposal to a prospective publisher for a new book (or ebook). Let’s consider them one by one.
The first question a publisher will ask when assessing any proposal for a new book is what are the main factors that led to the proposal being submitted?
Have there been changes in legislation or case law, for example?
This may seem obvious, but it is also the most important question that any author proposing a new book needs to answer.
To sell any book successfully, publishers need to have a clear message to convey to the market.
A publisher has to convince potential purchasers that buying the book in question will help save them time and money in their job.
In short, there needs to be a compelling rationale for publication.
This is particularly important for a new book, as opposed to a new edition.
In the case of new editions, publishers have previous purchasers who already know that old editions have served their needs well and are therefore well disposed to buying an updated version.
In relation to a new title, the publisher is starting from a blank page, much as the writer will be, and must convince potential purchasers of the benefit to them of buying the new book.
There can, of course, be any number of reasons for publishing on a specific topic, but the most common are:
- There is new legislation;
- There has been important new case law;
- There have been changes in the market; or
- There is a gap in the market.
A publisher will be in a position to make a far more informed decision about whether a proposal for a new book on a new piece of legislation is viable, if the proposal outlines changes to the area of law that the legislation will bring and how far-reaching these changes are likely to be.
Simply stating that a new piece of legislation is due to be implemented on a specified date is inadequate.
Why publish now?
The timing of any new book is vital.
For example, if the reason for the new book is one of those mentioned above, it could be that two or three publishers have been approached with the same or a similar idea.
In these circumstances, being the first to market can make the difference between a book being a success and being left on the bookshops’ shelves or in the publisher’s warehouse.
It is important to consider the most pertinent time to publish.
This will usually depend on the approach that the book will take.
For example, the best time to publish a pure statutory handbook is as soon after royal assent as possible; but the best time to publish a detailed analysis of the same piece of legislation will be when - or soon after - the act comes into force.
This is because a potential purchaser will require information on the changes brought about by the new legislation; how these changes compare with the old legislation; and the potential impact of the new legislation on any work that may have been started under the old legislation and is still ongoing.
Another important point to bear in mind when thinking about timing (and one that is often forgotten) is how long it will take to write the manuscript and when the author intends to write it.
Most legal authors are not full-time writers and have the pressure of their day-to-day work to contend with.
When putting together a timetable for writing a new book, will it be possible to research and write during work time? Or must the work be done in the evenings and/or at weekends and/or on holiday?
As a general rule, one should make an estimate of the time it will take and add three to six months.
What is the intended market?
A book cannot be all things to all people in the legal market.
An aspiring author must be able clearly to identify the intended market and always keep this constituency at the forefront of their mind.
The target market will, of course, be defined by the approach that the author is intending to take in relation to content.
However, if the target market is too broad or disparate, it is difficult for the publisher to convey a coherent marketing message and the book could fail to reach the size of market it deserves.
Publishers are happy to offer advice on the intended market once they have seen a formal proposal.
It can help to think of the intended market in primary and secondary terms.
Primary markets are the main markets identified by the author; the author has taken into consideration their information needs and how the approach they are intending to take to writing will meet those needs.
Secondary markets are those which the author believes may have an interest in the book, but which have not been directly taken into consideration with regard to specific information needs.
For example, the primary markets for a book on company law might be company law practitioners and in-house counsel; the secondary markets might be company directors, company secretaries and accountants.
Who are the competitors?
Are there any competitor books and, if so, how will this book differ? If there are no competitor books, why is there a need for this book?
It is important to bear in mind that publishers are just as interested in, and happy to take on, an existing book published by a competitor, as they are to try to be the first publisher on a new topic or in a new market.
If there is a competing title, one needs to think about how the book will differ from the competition and what it will offer to a potential purchaser that the existing book(s) does not.
On the flip side, just because there is no competition, it does not necessarily mean that there is a market for a new book on that topic.
The author will still need to focus on what it is that will make the book interesting and useful to the target market(s), as there may be excellent reasons why no one has chosen to publish on this topic before.
Formalising a proposal
Once these questions have been given full consideration, the author is in a position to make a formal proposal to the prospective publisher.
The formal proposal should comprise:
- A précis of the author’s answers to the above questions;
- A brief (150-200 word) synopsis of the new book; and
- A draft table of contents and, if possible, brief chapter summaries.
This information will provide the publisher with all the relevant information they need when undertaking their own market research to assess the viability of the proposal.
Do remember too that the information set out in the formal proposal is also an important document for the author. The author is now in a position to begin the writing process when they hear back from the publisher.
By taking the time to analyse these four questions and putting together the synopsis and table of contents, the author will always have at the forefront of their mind:
- the aim of the completed book;
- the target market; and
- the detail of each chapter.
Writing a first edition of a book is a huge undertaking, but the rewards outweigh any negatives.
Having a structured proposal in place is imperative in helping to focus the author’s mind.
Being faced with a blank screen when beginning chapter one is a scary prospect and can be disheartening; but having to hand a clear vision of what one is aiming for and an aide memoire, in the form of the formal proposal, should make the process a lot easier.
Publisher’s practice
What happens once the formal proposal is sent to a prospective publisher?
Upon receipt, the proposal will be passed to the publisher with responsibility for the practice area which the proposal covers.
The publisher will then contact the author to make an introduction and explain the next stages in the process.
The process for assessing new proposals is similar (but not necessarily the same) at most legal publishers.
At Bloomsbury Professional, for example, the process begins with the publisher assessing the proposal and undertaking further market research.
The publisher may also wish to discuss the proposal further with the author.
Following this research, and/or further discussion, if the publisher believes that the proposal is viable internal financials are prepared.
These will cover costs (including editorial, production, marketing, author fee or royalty, and fulfilment) set against projected sales.
There will also be an accompanying narrative covering (among other things) the questions I set down in the second paragraph of this article.
If the financial assessment passes muster then the publisher will present the proposal at a new product development (NPD) meeting.
It should be noted that each publisher has its own financial targets that a project must meet in order for it to be presented by the publisher at the NPD meeting.
The NPD meeting is usually attended by all interested parties, including directors and representatives of the sales, marketing, editorial and production departments.
The project is discussed and a decision can hopefully be taken on acceptance or rejection.
Sometimes, it is decided that further discussions with the author would be helpful about the content of the work or the intended market, or that further market research should be carried out.
The decision taken at this meeting is then conveyed by the publisher to the author.
How long this will take depends on the publisher.
My publisher has an NPD meeting every two weeks and aims to come back to an author with a decision on any proposal within two to four weeks.
Acceptance
Once a proposal has been accepted, the relationship with the publisher starts in earnest.
The author should be confident that they have chosen the right publisher and that they will be able to build a good relationship with the person who has responsibility for developing the proposal.
This relationship is important and should make the experience of writing pleasurable.
Publishers are delighted to receive proposals for new books, as they are always aiming to capture the next legal bestseller and go one better than the competition.
Publishers also know that without authors, this would not be possible.
Andy Hill is head of legal publishing (UK) at Bloomsbury Professional
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