“Bankruptcies, drunk driving charges, delinquent child support, foreclosures, nickel-and-dime car wrecks, suspicious slip-and-falls, dubious claims of disabilities - the stock-in-trade of a run-of-the-mill street lawyer whose law school dreams of riches had faded so dim they were almost gone. Eighteen years into the grind and Simon F. Latch, Attorney and Counselor (both) at Law, was burning out. He was weary of other people’s problems.”
I consider Grisham’s characterization of Latch’s practice as cruel. Latch’s practice deals with the issues of people. It is not as dramatic as big injury claims, murder trials, major human rights issues, important constitutional issues and colourful family law battles. While I have had experiences with dramatic cases Simon’s practice is close to my own. I am proud to represent people.
There was so much of interest to me in The Widow it will take three posts to say all I wanted.
Simon is 41 and a solo practictioner in Braxton, Virginia.
He has an experienced reliable personal assistant in Matilda “Tillie” Clark.
Ms. Eleanor “Netty” Barnett comes to see him to do a will. He expects a simple will will suffice. She has outlived two husbands. She has two stepsons whom she loathes. She has a modest home.
Everything changes when he asks if she has investments other than her home. She advises him that she has $10,000,000 in Coca-Cola shares, $6,000,000 in Wal-Mart shares and $4,000,000 in the bank.
Her second husband was a district sales rep for Coca-Cola and received shares and held them. Observing Wal-Mart sold “a lot of soft drinks” he started buying shares.
They lived modestly and never cashed in on the steady increase in value of the investments.
She is uneasy about the will she did with another solo practitioner across the street, Wally Thackerman, who “convinced” her to leave her entire estate “to him, in trust” so “he would have the authority to give the money to my favourite charities” and included a cash bequest to him for $485,000.
She has no favourite charities.
Wondering what the net value of the estate after taxes would be, he finds out from a legal friend that the estate of anyone who dies in the next 12 months will not be taxed as Congress had not extended an estate tax statute.
Simon writes a will with him as trustee and estate counsel but giving the money to charities and family members. He includes a clause revoking any bequest to someone who unsuccessfully challenges the will. He would like to be as brazen as Wally but fears the inevitable court challenges. He will make his money off running the estate and having his fees approved by the court.
I was upset with Wally’s will and uncomfortable with Simon’s will. In Canada Wally would be in trouble the moment he tried to probate a will which effectively has no beneficiaries beyond the huge cash bequest to himself.
Simon was dealing with an awkward situation. I have had clients who had neither family nor friends they trust to handle their affairs and wanted my involvement. I avoid involvement. Most Saskatchewan lawyers would do the same. If the client continues to want me involved I would arrange independent legal advice for the client before proceeding with any personal involvement. Even with a client having independent legal advice I doubt I would be willing to be the executor for a “Netty”.
Simon has had a sham of a marriage. Simon and his wife, Paula, strapped for money, have remained officially a couple. They spend as little time together as possible. He is often at their home, usually when she is gone, and sleeps at his office in an improvised tiny apartment he calls “The Closet”. He has a 9 year old daughter, Janie, and two loutish teenage sons, Buck and Danny.
Simon and Paula decide to divorce. The pages describing explanations to the children were painful and poignant and completely convincing.
Simon is a sports gambler. He considers himself skilled but does moderate research. His bets are actual gambles. Because of innate caution and fear of Paula finding out about his betting he had not been in gambling trouble.
Summer and fall go by with Simon and Paula bickering, Simon in a constant cash crunch and Netty regularly going for lunches with Simon paid for by Simon.
Aging is getting more complicated for Netty. A series of traffic tickets are looming. Her ability to drive is at risk.
After I wondered through many pages why Simon has not been billing for all their consultations he sends her a bill.
The story is proceeding at a measured pace when Netty is in a car accident and hospitalized. Expectations for a swift recovery are wrong.
The next post will cover what happens with Netty.
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