The Widow by John Grisham (The Death)

In my previous post on The Widow by John Grisham I had summarized how 85 year old Eleanor “Netty” Barnett  had two questionable wills with solo lawyers in Braxton, Virginia.

As the post ended Netty was in hospital because of injuries in a car accident.

With no family to assist her, the hospital wants someone to take charge of her financial and health decisions. Simon is the logical choice and Netty trusts him. He draws up the usual general power of attorney and advance (health care) directive. He makes sure abundant hospital staff, including doctors, are present at signing to confirm her capacity and that Simon is not exerting undue influence upon her.

How Simon proceeded makes sense to me. I have been called to hospitals because a patient is in a life threatening or terminal situation. It is hard trying to give advice, review options and take instructions from someone desperately ill. It is rarely a simple situation or the patient would have taken care of it sooner. You want to ensure they have proper documents in place but a client making major decisions while in a hospital bed is stressful. In the end, the lawyer has to make a decision if the patient/client has the capacity to make legal documents and is not under duress from someone.

As for signing legal documents in a hospital setting I have usually had another lawyer or office staff member present with me. If that is not possible the hospital will normally arrange for an administrator not a doctor or a nurse to be a witness.

There was a case in southern Saskatchewan where a lawyer knew there was going to be contention over a will. He took instructions very carefully. For signing he arranged for two other lawyers to come to the hospital. They were able to see the patient/client and confirm the decisions set out in the will. The lawyer making the videotaped the signing process as a further confirmation. The will was contested. Because of his caution and taking extra steps the will was upheld at trial.

In The Widow, Netty’s health declines, especially her respiratory condition, and she is diagnosed with pneumonia. Eventually, with her doctors saying there is no brain activity and every breath is a struggle, he lets Netty die.

Upon her death Simon contacts the funeral home and starts on the process of cremation. It is clear Simon does not want to spend extra money on a funeral and coffin.

An anonymous caller provides information to the stepsons, then their lawyer, then the police and then the media and the book explodes. I stayed up late reading.

Forensic testing shows Vietnamese ginger cookies bought by Simon and brought to Netty by Tillie are poisoned with thallium, an odourless, tasteless and colourless drug. Its production is banned in the U.S. 

All his actions appear suspicious and Simon is arrested for murder. 

His family is devastated and he advises them to leave town.

The vast American media circus surrounding a juicy murder trial descends on Braxton. Public opinion vociferously convicts him.

Simon hires Raymond Lassiter, the best criminal defence lawyer in the area. It was interesting that Grisham’s defender for Simon is a legal tiger in his early 70’s who drinks “excessively” daily when not in trial and usually has a cigar beside him. He tells Simon his fee for a murder trial is $200,000. Simon cannot afford a fraction of that amount.

Unlike most legal thrillers Grisham explores the frustration, boredom and misery of being in jail awaiting a bail hearing. Fair or not the impression is created that it is especially hard on a professional as opposed to the impact on a career criminal.

Wally’s finances are so dire he can raise but $10,000 of the $30,000 needed for bail. Paula is not a choice. His mother’s money is tied up with her second husband. His former bookie, Chub, believing Simon helped get him out of an FBI investigation buys Simon’s building for a price that lets Simon raise bail and pay $10,000 to Lassiter. Simon gives Lassiter a promissory note for $190,000.

Unexpectedly, at an early court appearance, Lassiter, impressed by the publicity for this case, says he will defend Simon until another lawyer is found. There will be no search for another lawyer. Lassiter is the defence counsel.

My third post will deal with the trial.

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Grisham, John – (2000) - The Brethren; (2001) - A Painted House; (2002) - The Summons; (2003) - The King of Torts; (2004) - The Last Juror; (2005) - The Runaway Jury; (2005) - The Broker; (2008) - The Appeal; (2009) - The Associate; (2011) - The Confession; (2011) - The Litigators; (2012) - "G" is for John Grisham - Part I and Part II; (2013) - The Racketeer; (2013) - Grisham's Lawyers; (2013) - Analyzing Grisham's Lawyers; (2013) - Sycamore Row; (2014) - Gray Mountain and Gray Mountain and Real Life Legal Aid; (2015) - Rogue Lawyer and Sebastian Rudd; (2016) - The Whistler; (2017) - Camino Island; (2017) - The Rooster Bar and Law Students and Integrity; (2019) - The Reckoning; (2019) - Cullen Post in The Guardians and The Guardians; (2020) - A Time for Mercy and Practising Law in Rural Mississippi and Rural Saskatchewan and Writing a Credible Trial; (2021) - Camino Winds; (2022) - The Judge's List; (2022) - The Biloxi Boys and Body Counts in Fictional Gang Wars (Ian Hamilton, John Grisham and Don Winslow); (2023) - The Exchange; (2025) - The Widow - The Wills