Ghost-Lawyers May Fill an Important Need, But Raise a Tough Question
There is no question that there is a great need for assistance from lawyers for pro se litigants of low to moderate incomes, and that providing “unbundled” legal services, or limited representation by counsel, benefits clients, attorneys and the court system.
Current View in New York: Is Ghostwriting Ethical?
There are three key ethics opinions in New York addressing ghostwriting. Two come out against ghostwriting without disclosure of the lawyer’s role; one suggests that disclosure is only necessary in limited circumstances.
Ghostwriting Should Be a Treat, Not a Trick, to Lawyers
So in this uncertain environment, what’s a well-meaning New York practitioner to do? The safer route and, we submit, the more ethical route, is to disclose at least the attorney’s role, if not the attorney’s identity (or the identity of a legal services organization), in all cases.
Conclusion
A bright-line rule that requires some form of disclosure from lawyers providing limited legal services — to the extent of indicating that a lawyer or a legal services organization assisted a pro se litigant — is the ethical, and safe, route. it provides a simple standard and much needed clarity for lawyers, litigants and the courts.
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