Is it OK to file legal documents secretly prepared by an attorney?

more+
less-

For the attorney, this is called ghostwriting. Whether it is allowed depends on the jurisdiction and the specific court. For instance, in Massachusetts it has been allowed in the probate and family court in certain counties since 1 November 2006. When this ghostwriting is done, the filing must state it was “Prepared with the assistance of counsel” conspicuously. However, it is not allowed in other courts in Massachusetts. It is also not permitted in any federal court in Massachusetts, and presumably none in the entire country. Some courts have taken a hard stance against ghostwriting and warned that not only will the offending attorney be subject to sanctions or discipline, but the pro se filer himself. So if you are considering filing a ghostwritten pleading, you should make sure that it is permitted in the particular jurisdiction and court you plan to file the pleading in. For legal advice with respect to this issue, feel free to call this office.

Contact: George E. Bourguignon, Jr., Esq.

Tel: (413) 746-8008

URL: www.bourguignonlaw.com

Email: gbourguignon@bourguignonlaw.com

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© George Bourguignon, Law Office of George E. Bourguignon, Jr. | Attorney Advertising

Written by:

more+
less-

Law Office of George E. Bourguignon, Jr. on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×