Probate & Property Magazine, January/February 2009, Volume 23, Number 1



This memorandum is a guide for authors submitting articles for publication in Probate & Property , the magazine of the Section of Real Property, Trust and Estate Law of the ABA.

1. Editorial Purpose : Probate & Property strives to present material of interest to lawyers practicing in the areas of real property, trusts, and estates. Authors should aim to provide practical information that will aid lawyers in giving their clients accurate, prompt, and efficient service.

2. Manuscript Preparation : Manuscripts should be double-spaced, typed in a font equivalent to 12 pt. Times New Roman, formatted to print on 8 1/2” by 11” paper, and submitted as an e-mail attachment in any commonly used word processing program (such as WordPerfect or Microsoft Word) for a PC. Probate & Property does not use footnotes or endnotes with articles , but cases and other authorities should be cited (see ¶ 4 below). Please submit articles to the appropriate articles editor: Before submitting an article, the author may wish to consult the appropriate articles editor. Probate & Property seeks to publish articles ranging from 1,500 to 4,000 words in length (approximately 7 to 18 double-spaced, typed pages). Subject matter will be an important consideration, but articles that are too long for the magazine’s limited space will of necessity be rejected or edited to fit. The best length for an article in the magazine is 2,000 to 3,000 words. Relevant charts, tables, photographs, illustrations, and sample language are desirable and will be included as space permits, at the discretion of the editors.

For Real Property:
Brent C. Shaffer
Young Conaway Stargatt & Taylor, LLP
1000 West Street , 17th Floor
Wilmington , DE 19801

For Trust & Estate:
Thomas M. Featherston Jr.
Baylor University Law School
One Bear Place #97288
Waco, TX 76798-7288

3. Web Searching: The author should provide at least five keywords and a one-sentence description of the article to enhance electronic searching when the article is uploaded to the magazine’s web page.

4. Style : Articles should present practical information in a clear and readable manner. The style should be as nontechnical as possible, and “legalese” should be avoided. The extensive use of bullet points is discouraged. Articles should be written for the lawyer who is not a specialist in the subject and who is looking for usable information that is not difficult or time-consuming to read.

Introductions and conclusions are strongly encouraged. Short paragraphs and sentences are preferred. Short subheads are suggested in longer articles. When an article includes tables, charts, or forms, these should not be included within the body of the article but should be submitted on separate sheets. Except when referring to a specific individual, articles should be gender neutral. Generally, they should also be written in the third person. Cases or other relevant authority should be cited in the body of the article. Please use only one cite; parallel cites are not necessary. Use the West Reporter cites. For Tax Court decisions, cite to T.C. or B.T.A., if therein; otherwise cite to T.C.M. (CCH), T.C.M. (P-H), T.C.M. (RIA), or B.T.A.M. (P-H). Authors are strongly encouraged to consult and follow the magazine’s style manual. Copies of the style manual may be obtained from the articles editors.

5. Author Credits : Probate & Property authors will receive bylines and credit lines. Generally, the credit line will include only the author’s name, title, firm, company or school, city and state, Section committee memberships or other Section activities, and, if applicable, the RPTE committee or group of which the article is a project. No biographical sketches, names of those who inspired or assisted in preparing the article, or other information will be included.

6. Multiple Authors : When more than one person has written an article, one person should be designated who can be contacted about editorial changes. The authors named should be only those who have actually written the article and should not include persons who have assisted with research or in other ways.

7. Committee and Group Projects : If the article is the project of a committee or group of RPTE, the author (if a single author) or person designated as the editorial contact (if multiple authors) should so indicate at the time of submission. Only individuals may be authors, however; the committee or group itself may not be an author.

8. Disclosure : Each author should disclose any relationship he or she may have with the firm, company, or person producing any product or providing any service referred to in the article and any financial or other interest he or she may have in any product or service discussed in the article. The author should make full disclosure even when the relevance seems remote. Full disclosure will allow the editors to judge the objectivity of the author, to determine whether a real or apparent conflict of interest exists, and to determine whether disclosure should be made in publishing the article.

9. Copyright : It is the policy of Probate & Property that on all submissions of original articles the author retains the copyright but the American Bar Association and Probate & Property , on acceptance of the article for publication, shall have:

a. first publication rights (unless the article is submitted and identified as a reprint);

b. subsequent, multiple reprint rights in any American Bar Association publication in any medium;

c. the right to grant access to the article, its title, and other bibliographic citation material stored electronically in public databases and to furnish printed copies requested through public databases; and

d. the right to authorize others to reproduce or reprint the article, subject to the author’s consent.

10. Warranty and Representation : By submission of an article to Probate & Property , the author warrants and represents that he or she has included no material in the article in violation of any rights of any other person or entity , that he or she has disclosed to Probate & Property all relationships with any person or entity producing any product or providing any service referred to in the article, and that he or she has disclosed any financial or other interest in any product or service discussed in the article.

11. Publication Agreement : Authors of accepted articles are required to sign a Publication Agreement, which includes the author’s warranty that the work is original and does not infringe on the rights of others.

12. Multiple Submissions : If an article is submitted or accepted for publication elsewhere before acceptance by Probate & Property , the author agrees to notify the appropriate articles editor immediately. As a general rule, Probate & Property does not accept articles that have been published elsewhere. The submission of previously published material is strongly discouraged.

13. Editing of Title and Tex t: Probate & Property reserves the right to change the title of any article accepted for publication and to edit the text of the article. Proofs of the edited article—but not the edited manuscript—will be sent to the author for comment.

14. Payment for Articles/Complimentary Copies : Probate & Property does not pay for articles. Each author will receive five complimentary copies of the issue in which the author’s article appears.

15. Reprints : If the author grants the right for the article to be reprinted in another publication, it must be conditioned on obtaining written consent from the American Bar Association.

16. Acceptance Policy : No single member of the Editorial Board has the authority to commit to the publication of any article before it has been submitted, even when the article has been specifically solicited by a member of the Board. Authors are notified by the appropriate articles editor of the acceptance or rejection of articles. In its discretion, the Editorial Board may withdraw an article previously selected for publication, delay publication of a selected article, or reschedule a selected article.

17. Author’s Agreement : By permitting the publication of an article in Probate & Property , the author agrees to all the terms, provisions, and policies of Probate & Property stated in this Memorandum for Authors.

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