If your stories involve adoptions, divorce, murder, or fishing you are writing about the law. Crimes involve juvenile, criminal, appellate, and constitutional law. Even simple traffic accidents involve laws. Murder mysteries to business scams and celebrity tell-all scandals deal with law. The business of writing involves tax law, estate planning and contract law. Copyright, trademark, and other aspects of intellectual property law are critically important to writers. Writers can hardly avoid law. With so many intersections between writing and law, "Let's Talk Law!"

I welcome your questions, comments, and suggestions. I can be reached at , at 608 825-8975, or at P.O. Box 952, Sun Prairie, WI 53590.

As an attorney and a writer, I am personally concerned about legal ethics and legal malpractice. I want to do a good job and I do not want to be sued. Therefore, I must set some parameters for my writing and for this column. I do not and cannot offer legal advice in this column. I will happily discuss legal issues with you, provide pros and cons, offer general information, and even point you in the direction of legal resources. But if you want my advice, you must first become a client (and that requires a written contract!).

Lets talk about the difference between civil and criminal law. The language, consequences, and procedures are quite different, and for good reason. In criminal cases the one bringing the lawsuit is called the prosecutor and represents the interests of the public or the state. The crime victim does not have an attorney but can be expected to testify as a witness for the prosecution. The one accused of the crime is the defendant. An indigent defendant is entitled to an attorney at taxpayer expense.

In civil cases the parties are the petitioner(s) and the respondent(s). The petitioner is the one aggrieved. Indigent civil litigants are not entitled to attorneys at taxpayer expense. Victims of crimes may file a civil suit against the alleged perpetrator. Some public service law firms provide low cost or free legal services to low income or indigent persons involved in civil suits.

If convicted of a crime, a defendant could be sentenced to jail or prison, among other consequences. In contrast, in a civil case there may be money damages awarded but there will be no loss of liberty.

Criminal defendants may also be sued in a civil case based on the same fact scenario. O.J. Simpson was acquitted in the criminal case but lost the civil cases against him. Both civil and criminal cases may be tried before a jury or before a judge.

Another significant difference between a criminal and a civil case is that a defendant in a criminal case can rely upon his Fifth Amendment right to silence with impunity. The prosecutor cannot call the defendant as a witness. The court cannot require the defendant to testify against himself. Most importantly, his silence cannot be held against him in the criminal case.

In a civil case a respondent may claim the Fifth Amendment protection and refuse to testify but his silence can be used against him. The Court will decide what measures to take against a respondent who refuses to answer appropriate questions. The ultimate punishment for failing to respond to appropriate questions is that the respondent loses the case.

Another significant difference between a civil and criminal case is the burden of proof. The one bringing the lawsuit must meet a specific burden of proof in order to win. The highest burden occurs in criminal cases and is known as "beyond a reasonable doubt." In civil cases the burden is either the middle or low burden of proof. The lowest burden of proof is a "preponderance of the evidence"-just slightly more probable than not probable. The middle burden is "substantial likelihood"—more than the lowest burden, but not as high as the highest burden.

Understanding the difference between the civil and criminal court systems is important to a writer's credibility. The parties are different, the rules are different, and the outcomes are different. Additionally constitutional protections that exist in the criminal court system do not exist in the civil court system. Let's talk more if you have questions or confusion about the two major categories of cases: civil and criminal.