sorry this happened to Elle, butââ
I clenched both my fists. âDonât you dare make a martyr out of her!â
He fell silent long enough for me to think he couldnât come up with a rebuttal. Or maybe he knew if he tried Iâd kick him out. âUnderstood,â he said. Then he began rambling on about a Pennsylvania case. âThe judge ruled in favor of guardianship, but I donât believe it would have withstood an appeal.â
I got up and paced the small conference room. âSo this strategy, asking for guardianship, has a fifty-fifty chance? At best?â
Jake blinked a yes. âBut we can do better because, as you said, this isnât an abortion case. Youâre trying to preserve what remains of your family, your child. As a father, you have rights, or at least you will after the baby is born. This is a particularly compelling situation.â
I leaned on the table, palms pressed down. âBut my rights donât kick in until after the baby is born unless you can get the world to change and get me guardianship?â
âExactly,â he said.
I glanced over at the copy of Elleâs shaky handwriting on the hospital admission record from our sonâs stillbirth. âAnd what about the fact she said she didnât have an advanced directive?â
âI will definitely use that first. But you have to realize, Elleâs brother will probably testify, and the judge may be swayed by what he says.â
âChristopher? How do you know what Christopher has to say about this?â
âHe was on the evening news.â
âHe what!â Blood pounded at my temples.
âSit down.â
I complied, dumfounded that Chris had the audacity to go to the press.
âThe local news got him first, but it played on the networks tonight. Essentially, he said that his sisterâs injuries were fatal, but you were keeping her on life support because you had some misguided desire to save her. He said Elle had explicitly expressed her wishes that she be allowed to die in her living will. He said that although she was the bravest person heâd ever known, she was afraid of being kept alive this way.â
âShit,â I said.
Jake grimaced. âDo yourself a favor, and watch that mouth of yoursâat least in front of the cameras. The press is going to be all over this. It will be important how you present yourself.â
âAnd you think that âgolly gee whizâ is going to ingratiate me?â
Jake shook his head. âI believe you when you say that under these circumstances Elle would stay on life support. Weâll use everything including that there are states which prohibit the removal of life support when a woman is pregnant, but I want to you to understand Iâm trying to protect you. Some people will vilify you for going against her wishes. It may look like youâre willing to let her suffer for months. The fact is you are going against the wishes she expressed in her advanced directive.â
I gulped down the meaning of his words, which burned like swallowing lye.
âYou need to look like youâre half grieving husband and the other half saint.â He pushed a folder at me. âMy fee agreement. This oneâs the retainer.â
I gawked at the plethora of zeros and whistled. I had eight yearsâ worth of Ivy League school loans, and I hadnât been in private practice long enough to pay them off much less sock that amount away.
âI can do this, if the judge gives us half a chance and doesnât immediately act on her advanced directive, Matt. I promise you that Iâm your best bet.â
âI donât have this kind of cash. Hell, I donât have a checkbook with me if I did.â
âDonât worry about the retainer,â he said. âIâll forgo the retainer. Weâre friends. I want this case because I believe in it. We can even talk about a reduced hourly
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