Lawyer Ghostwriting

The August 2007 ABA Journal ran a very interesting story entitled "Scary Parts of Ghostwriting" which outlines the pro's and con's of lawyer ghost writing. Apparently, many pro se individuals seek assistance from a lawyer with respect to drafting and if that relationship is not disclosed to your adversary and to the court all sorts of professional responsibility and substantive issues could arise. Conflicts might also develop. If this relationship is not disclosed, pro se litigants might also be able to take advantage of the liberal pleading requirements many courts afford to pro se litigants.

The Article discusses an ABA formal Opinion, No. 07-446 which approves of drafting assistance with full disclosure and Delso v. Trustees for Retirement Plan, ___F. Supp. 2d ___(D. N.J. 2007), (available here) where a lawyer was found to have violated state ethical rules.

The Delso court stated that many of the issues raised were of first impression. Some law review commentary is surely needed in this important and developing area of law.

Personally, I am very much against lawyer ghost writing. Lawyers must be responsible for their work product. I also do not believe that it is in a clients best interest to only be represented for part of a case.

Mitchell H. Rubinstein