Comments on: NJ Fed. Court bars undisclosed ghostwriting http://blogs.law.harvard.edu/shlep/2007/03/16/nj-fed-court-bars-undisclosed-ghostwriting/ news, views and info on self-help law and pro se litigation Wed, 30 Sep 2009 23:11:37 -0400 http://wordpress.org/?v=2.8.4 hourly 1 By: ProSeThoughts http://blogs.law.harvard.edu/shlep/2007/03/16/nj-fed-court-bars-undisclosed-ghostwriting/comment-page-1/#comment-1930 ProSeThoughts Sat, 02 Jun 2007 01:59:28 +0000 http://blogs.law.harvard.edu/shlep/2007/03/16/nj-fed-court-bars-undisclosed-ghostwrit#comment-1930 Why can't lawyers ghostwrite? If I get a template from a lawyer's site and all I have to do is fill in the case number and my name and the defendant's name, but the rest was written by a lawyer, would that be considered ghostwriting? A template is drafted in part, yet lawyers post their documents on the Internet all the time. I don't understand why it's wrong. I'm managing three cases by myself (Court of Federal Claims, Superior Court and District Court) and some of the documents are more difficult to write than others. I've found a lot of information on the Internet in the form of templates and step by step instructions, but some I can't find. I'd like to be able to have a lawyer ghostwrite things for me that I can't find help on, such as writing briefs that cite laws and cases. I guess this is the reason lawyers won't help pro se litigants and give advice unless they are hired to handle the case? I've never heard so much "we can't give you legal advice" "I can't advice you" in all my life. I wish there was an unbundled legal site that you can pick documents from a shopping cart and pay for it. Need a brief? Add it to your cart. Need a motion? Add it to your cart. Want us to cite cases for you? Add it to your cart. LOL! I'd be their number 1 customer. Why can’t lawyers ghostwrite? If I get a template from a lawyer’s site and all I have to do is fill in the case number and my name and the defendant’s name, but the rest was written by a lawyer, would that be considered ghostwriting? A template is drafted in part, yet lawyers post their documents on the Internet all the time.

I don’t understand why it’s wrong. I’m managing three cases by myself (Court of Federal Claims, Superior Court and District Court) and some of the documents are more difficult to write than others. I’ve found a lot of information on the Internet in the form of templates and step by step instructions, but some I can’t find.

I’d like to be able to have a lawyer ghostwrite things for me that I can’t find help on, such as writing briefs that cite laws and cases.

I guess this is the reason lawyers won’t help pro se litigants and give advice unless they are hired to handle the case? I’ve never heard so much “we can’t give you legal advice” “I can’t advice you” in all my life. I wish there was an unbundled legal site that you can pick documents from a shopping cart and pay for it. Need a brief? Add it to your cart. Need a motion? Add it to your cart. Want us to cite cases for you? Add it to your cart. LOL! I’d be their number 1 customer.

]]> By: shlep: the Self-Help Law ExPress » Blog Archive » Delso ghostwriter update http://blogs.law.harvard.edu/shlep/2007/03/16/nj-fed-court-bars-undisclosed-ghostwriting/comment-page-1/#comment-1305 shlep: the Self-Help Law ExPress » Blog Archive » Delso ghostwriter update Fri, 23 Mar 2007 21:51:25 +0000 http://blogs.law.harvard.edu/shlep/2007/03/16/nj-fed-court-bars-undisclosed-ghostwrit#comment-1305 [...]    A week ago, we reported that a New Jersey federal court had barred the undisclosed use of “ghostwritten” pleadings.  Delso v. Trustees for Plan of Merck & Co., Inc. (D.N.J. March 5, 2007) 2007 U.S. Dist. LEXIS 16643.  On March 21, 2007, the New Jersey Law Journal/Law.com had an article focusing on the Delso case and U.S. Magistrate Judge Tonianne Bongiovanni, who wrote the decision.  “‘Ghostwriting’ Lawyer Effaced From ERISA Case on Ethics Grounds,” by Charles Toutant.  At Legal Profession Blog, Alan Childress continued his coverage of Delso, getting to the nub of the NJLJ article: “Notice that the N.J. decision seems to rest on the lack of authorization in N.J. rules for such discrete-task or ‘limited’ representations, and thus may extend beyond undisclosed ghostwriting.  The judge wrote, ‘This is not to say that this court does not believe that unbundled legal services, in some form, may be beneficial to the equal administration of justice. But, when viewed under the current RPC [in New Jersey], ghostwriting is antithetical to the public interest’ .”  [...] [...]    A week ago, we reported that a New Jersey federal court had barred the undisclosed use of “ghostwritten” pleadings.  Delso v. Trustees for Plan of Merck & Co., Inc. (D.N.J. March 5, 2007) 2007 U.S. Dist. LEXIS 16643.  On March 21, 2007, the New Jersey Law Journal/Law.com had an article focusing on the Delso case and U.S. Magistrate Judge Tonianne Bongiovanni, who wrote the decision.  “‘Ghostwriting’ Lawyer Effaced From ERISA Case on Ethics Grounds,” by Charles Toutant.  At Legal Profession Blog, Alan Childress continued his coverage of Delso, getting to the nub of the NJLJ article: “Notice that the N.J. decision seems to rest on the lack of authorization in N.J. rules for such discrete-task or ‘limited’ representations, and thus may extend beyond undisclosed ghostwriting.  The judge wrote, ‘This is not to say that this court does not believe that unbundled legal services, in some form, may be beneficial to the equal administration of justice. But, when viewed under the current RPC [in New Jersey], ghostwriting is antithetical to the public interest’ .”  [...]

]]> By: shlep: the Self-Help Law ExPress » Blog Archive » California judges get Benchbook for handling pro se litigants http://blogs.law.harvard.edu/shlep/2007/03/16/nj-fed-court-bars-undisclosed-ghostwriting/comment-page-1/#comment-1271 shlep: the Self-Help Law ExPress » Blog Archive » California judges get Benchbook for handling pro se litigants Wed, 21 Mar 2007 16:09:15 +0000 http://blogs.law.harvard.edu/shlep/2007/03/16/nj-fed-court-bars-undisclosed-ghostwrit#comment-1271 [...]    We’ve frequently stressed the important (and often difficult) role that judges have in the process of assuring fair access to justice for the self-represented litigant (e.g., here and there).  Attempting to help the pro se party [called pro pers in some western states] understand law and procedure and effectively present their case, while maintaining neutrality toward all parties to a suit, takes agility and skill, and an appropriate temperament. (see our post earlier this week on Ghostwriting in NJ)  Judges in the California court system were given a great tool for understanding and fulfilling this role with the publication of a 245-page guide called “Handling Cases Involving Self-Represented Litigants: A Benchguide for Judicial Officers.” (CA Administrative Office of the Courts, Center for Families, Children and the Courts, January 2007) (via SelfHelpSupport.org, where members can access the document) [...] [...]    We’ve frequently stressed the important (and often difficult) role that judges have in the process of assuring fair access to justice for the self-represented litigant (e.g., here and there).  Attempting to help the pro se party [called pro pers in some western states] understand law and procedure and effectively present their case, while maintaining neutrality toward all parties to a suit, takes agility and skill, and an appropriate temperament. (see our post earlier this week on Ghostwriting in NJ)  Judges in the California court system were given a great tool for understanding and fulfilling this role with the publication of a 245-page guide called “Handling Cases Involving Self-Represented Litigants: A Benchguide for Judicial Officers.” (CA Administrative Office of the Courts, Center for Families, Children and the Courts, January 2007) (via SelfHelpSupport.org, where members can access the document) [...]

]]>