Ghostwriting in the legal world isn’t about crafting the next bestselling novel—it’s when a lawyer drafts pleadings or motions for a self-represented litigant without putting their name on the documents. It sounds like a helpful, behind-the-scenes boost for those who can’t afford full representation, but it also raises serious ethical red flags. Is it a lifeline for access to justice or a sneaky shortcut that tilts the playing field? The debate is alive and well in courtrooms across the country, and lawyers need to tread carefully before putting pen to paper (or fingers to keyboard).
The Debate
On one side of the argument, ghostwriting is a game-changer for people who need legal help but can’t afford to hire a lawyer for full representation. It allows attorneys to provide limited legal assistance without taking on an entire case. The ABA’s Formal Opinion 07-446 (2007) even backs this up, stating that lawyers can draft pleadings for pro se litigants without disclosure—as long as it doesn’t result in misrepresentation or unfair advantage. The reasoning? If a filing is solid and legally sound, a judge should be able to recognize that, regardless of whether a lawyer was involved behind the scenes.
But the other side sees it differently. Critics argue that ghostwriting gives pro se litigants an unfair boost, allowing them to fly under the radar while getting the perks of professional legal drafting. Many federal courts strongly oppose it, seeing it as a potential violation of Rule 11, which requires lawyers to sign filings they prepare. Some judges go as far as calling it deceptive, arguing that it skews the judicial process by granting unrepresented litigants special leniency on pleadings that were actually crafted by a trained legal professional.
So, what’s the deal in Louisiana?
Louisiana allows limited scope representation under Rule 1.2(c) of the Louisiana Rules of Professional Conduct, but it hasn’t taken a firm stance on ghostwriting. That means lawyers should proceed with caution and consider these risk-management moves before offering ghostwriting services:
- Lock It Down in Writing – Clearly define in your engagement agreement what you will (and won’t) do for the client. If you’re only ghostwriting, make sure the client understands that you’re not representing them in court.
- Know Your Judge – Not all courts or judges see ghostwriting the same way. Do your homework on the jurisdiction before diving in. Some judges might be fine with it, while others could see it as an ethical breach.
- Be Smart About Disclosure – While the ABA says full disclosure isn’t required, in some cases, a simple note on the pleading stating “Prepared with assistance of counsel” can help avoid any accusations of misrepresentation.
Conclusion
At the end of the day, ghostwriting is a legal gray area, and where you practice will determine whether it’s a helpful hand-up or an ethical headache. Lawyers who want to offer this service should do their due diligence to stay on the right side of the law—and the judge.
