You can't be sued for using your own name. However, you could be liable if somehow you give readers the impression that your books were actually written by the other author with the same name. If you're each writing in a different literary genre, there shouldn't be a problem. However, if you're both writing romance novels, for example, the likelihood of readers getting the two of you confused grows significantly. If you don't want to write under a "nom de plume", consider using your first two initials and your last name. Or shorten or lengthen your last name. Several very famous authors use different names when they write in a new/different genre or try a new writing style or start a new series that they're not sure their current readers will like.
Answered on Oct 15th, 2015 at 5:33 PM