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6525

Ghost writing is legal.

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This page is take from: “Your rights as a pro se litigant” http://www.lawyerdude.s5.com/6523.html

Compare to the issue of one prisoner writing for another:

Ghostwriting

Ghostwriting is the practice of attorneys assisting self-represented litigants by drafting pleadings that a litigant files with the court, without the acknowledgment that the pleadings were prepared by an attorney. Although courts condemn the practice of ghostwriting, they are still reluctant to discipline attorneys for engaging in ghostwriting. In the most recent case, Ricotta v. State of California, 4 F.Supp.2d 961, 986 (S.D. Cal. 1998), the court explained that previous cases addressing ghostwriting were reluctant to discipline attorneys because there were no specific rules dealing with ghostwriting, and the issue was only recently addressed by various courts and bar associations. Id. The Ricotta court was persuaded by the reasoning of these earlier decisions and determined that the circumstances justifying such a conclusion have yet to change. It held that the attorney's actions were not nearly egregious enough to take the unprecedented step of holding an attorney and a pro se party in contempt for giving and receiving assistance in drafting documents. Id.

Interestingly though, Colorado recently adopted several new rules addressing the limited representation of clients in litigation matters. The changes require attorneys who draft documents for pro se litigants to include to attorney's name, address, telephone number, and registration number on the document. See Colorado Rules of Civil Procedure (C.R.C.P.) 11 (1999); C.R.C.P. 311 (1999); C.R.C.P. 121 section1.1 (comment) (1999); Colorado Rules of Professional Conduct (Colo.R.P.C.) 1.2 (1999); Colo.R.P.C. 4,2 (comment ) (1999) and Colo.R.P.C. 4.3 (comment) (1999). Providing limited representation to a pro se litigant in accordance with these rules does not constitute an entry of appearance by the attorney in the case. And, assisting a pro se litigant in filling out pre-printed and electronically published forms issued by the court does not constitute limited representation, and an attorney is not required to disclose such assistance. Recently, In re Merriam, 250 B.R. 724 (Bkrtcy.D.Colo. 2000), a bankruptcy case, interpreted Johnson and Ricotta as finding ghostwriting sanctionable under Rule 11 and as contempt of court. Merriam at 733.

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