“To Kill A Mockingbird” Author a Victim of Elder Abuse
In her 1960 courtroom drama “To Kill a Mockingbird,” Harper Lee created one of American literature’s most beloved figures – the courageous Southern lawyer Atticus Finch. Told from the perspective of Finch’s young daughter, the book details Finch’s defense of a black man falsely accused of rape in Depression-era rural Alabama.
Now, at age 87, Lee is in court with her former literary agent, Samuel Pinkus, who Lee claims took advantage of her declining health and tricked her into surrendering her royalties to him. The book still sells 750,000 copies per year, according to Publisher’s Weekly, translating into more than $1.5 million in annual royalties.
Elder financial abuse cases often involve friends and relatives, and this one is no exception: Pinkus is the son-in-law of one of Lee’s oldest and dearest friends, the late Eugene Winick.
The Lawsuit
The lawsuit filed in a Manhattan court this May claims that in 2007, Lee suffered a stroke and was not well enough to comprehend the papers that Pinkus gave her to sign. “Pinkus knew that Harper Lee was an elderly woman with physical infirmities that made it difficult for her to read and see” and he deliberately sought to take advantage of her. The papers gave Pinkus control over “Mockingbird”’s copyright and royalties. Lee was – and still is – living in an Alabama assisted living facility. She claims to have no memory of signing away her rights.
“She’s 95 percent blind, profoundly deaf, bound to a wheelchair,” Dr. Thomas Butts told London’s Daily Telegraph newspaper two years ago. Butts is a close friend of Harper’s who lives in the same Alabama town, Monroeville, that Lee has long called home. He added that Lee’s short-term memory was poor, but that her longterm memory was in good shape.
At the time of that interview, Lee’s legal affairs were handled by her older sister, Alice, an attorney who still maintained an active law practice at age 99. But Alice did not file the suit against Pinkus. Manhattan-based intellectual property attorney Gloria Phares wrote the complaint and is representing Lee in the suit. Phares, who often represents literary clients, once engaged in a battle over the rights to the C.S. Lewis children’s fantasy, “Chronicles of Narnia.”
The August 2013 issue of Vanity Fair examines the complex case and the relationship between Lee and Pinkus. Winick, Pinkus’s father-in-law, was Lee’s agent while she was writing “Mockingbird” and read various drafts of the book. Around 2002, Winick’s health became too frail for him to continue representing Lee. Pinkus took her on as a client. One of Lee’s friends told Vanity Fair that she came to admire Pinkus enough as a person to give him the Medal of Freedom bestowed upon Lee by former President George Bush.
The complaint filed by Lee’s attorney Gloria Phares asserts that Pinkus took the “Mockingbird” royalties and moved them among several shell accounts. Phares has said that “Pinkus knew that Harper Lee was an elderly woman with physical infirmities that made it difficult for her to read and see” and he deliberately sought to take advantage of her.
When threatened with legal action earlier this year, Pinkus signed an agreement returning “To Kill a Mockingbird” rights to Lee. But Lee’s lawsuit demands that Pinkus also repay royalties he got in the five years since he grabbed the rights.
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Comments
Go to NPR: “Letter puts end to persistent ‘Mockingbird’ rumor” In a letter to his Aunt on July 9, 1959, Capote states, “He has seen the novel, and had read most of it and liked it very much.” Nowhere does he claim any involvement in what’s in the book. I’m frankly, surprised that Harpers’ sister, Alice, did not have a say in this monumental decision. Although very up in years, she was of very sound mind. Her and Harper lived together for decades. Mr. Pinkus will now be an infamous “shirt tail rider” for his own greedy, shoddy and despicable actions. I wish the best outcome for Miss Lee!
Her situation is so common now. We need regulatory protection for our elders…..especially our Lesbian elders like Ms. Harper. Gay and Lesbian elders are extremely vulnerable to exploitation, abuse, and cruelty. Not everyone has family and kindy resources around them. Harper’s case makes news and reminds u of the great work to be done. Countless others suffer silently and unreported………………..
Not sure why you think she is a lesbian and how this ties into the series of events presented here. As people become more dependent on others, they are more likely to fall victim to people with ill intentions, it doesn’t have anything to do with being gay or lesbian
We already have ‘regulatory’ remedies on the books, they just need to be vigilantly, and properly enforced. We don’t need more laws, we don’t need more government intrusion- we need to modify present laws, should they be inadequate.
I think this person, Pinkus, should be tar and feathered. It is now, after threat of legal actions does he agree to return the rights to Ms. Lee. I agree, he should also return the royalities for the past five years, with interest. I also think he should receive jail time. Mr. Pinkus committed an unlawful act against an elder. I do not care if he is willing to return his unlawful gains. Jail is what this criminal deserves. Didn’t he learn this in law school or was he out that day?
DESPICABLE CREATURE! Hope he gets MORE than just a wrist slap…crimes against
our most vulnerable citizens should be taken
VERY SERIOUSLY, not as if old age and infirmities made them LESS IMPORTANT, but quite the OPPOSITE…prosecuted to the
FULLEST EXTENT OF THE LAW!
Typically, an agent manages your copyrights and gets 15 percent off the top before sending checks to you. It’ll be interesting to see if this “family friend” truly is hiding monies from her. One thing that baffles me is why electronic rights haven’t been exploited–there’s a crying need for them (my son has visual processing issues and was upset that he had to read TKAM in physical book form). That right there tells me Pinkus is not looking out for Harper Lee’s financial well being and properly managing her intellectual property.