UPDATE (3/15/15): Via Huffington Post, “On Thursday, the Alabama Securities Commission said it had closed its investigation into an unspecified complaint of elder abuse, first reported by The New York Times, tied to the publication of Lee’s second novel. ‘We made a determination that Ms. Lee, based on our interview with her, was aware that her book was going to be published,’ said Joseph Borg, who heads the commission. ‘She wanted it to be published. She made it quite clear she did.'” That’s good news!
UPDATE (3/12/15): The State of Alabama is investigating the allegations of elder abuse. My hope is that they’ll find that Harper Lee is doing well and has the mental capacity to consent to the publication of her second novel. According to the New York Times, one person familiar with the investigation has indicated that “Ms. Lee appeared capable of understanding questions and provided cogent answers to investigators.”
Does anyone talk to Harper Lee other than her lawyer, Tonja Carter?*
Not even her editor talks to her directly. As the LA Times reported:
Her editor, Hugh Van Dusen, told New York Magazine that even he doesn’t speak to Lee directly. “She’s getting progressively deafer and more blind, and that’s where things stand. I don’t hear from her…. I think we do all our dealing through her lawyer, Tonja. It’s easier for the lawyer to go see her in the nursing home and say ‘HarperCollins would like to do this and do that’ and get her permission. That’s the only reason nobody’s in touch with her. I’m told it’s very difficult to talk to her.”
I’ve been disturbed by the extreme degree of Lee’s isolation ever since I saw HarperCollins’ press release about its acquisition of the American rights to Lee’s purported To Kill a Mockingbird “sequel,” Go Set a Watchman, a half-century old manuscript that Lee’s lawyer suddenly discovered.
In this press release, HarperCollins quotes Lee as saying, “I hadn’t realized it had survived, so was surprised and delighted when my dear friend and lawyer Tonja Carter discovered it.”
Considering that Carter seems to be Lee’s only contact with the outside world, I wonder if Lee really called her a “dear friend” or whether Carter just wrote that herself. It’s creepy, isn’t it?
I’ve already discussed my skepticism about the origin of this manuscript. It sounds more like an earlier draft of To Kill a Mockingbird, not a separate novel, but who knows. I wouldn’t be surprised if what HarperCollins ultimately publishes is a heavily ghost-written update to whatever Lee had originally written decades ago.
There’s an even bigger question about whether this novel, even if its origin is authentic, should be published at all. Lee had 50+ years to publish it herself, and now we’re supposed to believe that she’s suddenly had a change of heart? We’re also supposed to believe that this change of heart coincides with her declining health?
On this blog, I’ve often expressed my concern about Lee’s headline-grabbing interactions with the legal system because they are all based on allegations that someone has taken advantage of Lee’s health for their own personal gain.
Now the question is whether her own lawyer is also taking advantage of her.
Is Carter committing elder abuse, which is defined under Alabama law as “the maltreatment of an older person, age 60 or above”? It includes material exploitation: “The unauthorized use of funds or any resources of an elderly individual or the misuse of power of attorney or representative payee status for one’s own advantage or profit. Examples include stealing jewelry or other property and obtaining the elderly person’s signature for transfer of property or for a will through duress or coercion.” Code of Ala. § 38-9D-2 (2014).
Is Carter’s representation of Lee a breach of her ethical duties as a lawyer under Alabama’s Rules of Professional Conduct (Rule 1.14)? This is a topic Max explored today over at Litigation & Trial.
I am reluctant to suggest that Alabama authorities and the bar association conduct investigations that may invade Ms. Lee’s privacy, but Lee’s lawyer and “dear friend” (cough, cough) can’t simply allay the public’s concerns by speaking to the media on her own to say how offended she is by the speculation. Apparently, Lee is also “hurt” by the claims that she’s been pressured into publishing this novel, but all of those statements also come from… you guessed it… Tonja Carter.
I certainly won’t be reading Go Set a Watchman until I know that buying a copy isn’t supporting the exploitation of one of my favorite authors. I’m not saying Harper Lee needs to give a television interview, but, under these suspicious circumstances, surely it cannot be that burdensome or unreasonable to allow a physician (with a HIPAA waiver & possibly a guardian for Lee?) or someone whose job or relationship with Lee does not depend on the good graces of Carter — to see her and tell the world that she’s okay.
*This New York Times article (raised in the comments below by Jim) quotes a handful of people who have talked to Lee. It’s helpful to hear these perspectives, though there is no indication of whether any of these individuals are connected to Tonja Carter. Let’s hope Lee is truly doing well. There are many 88-year-olds who are. The concerns here are based on a few facts, including that (1) Lee has previously alleged in lawsuits against her former agent and her hometown museum that others have taken advantage of her declining health; (2) she is publishing a book contrary to her decades-old views on the matter; and (3) her lawyer, who is her primary connection to the world, strictly controls access to her.