- Created: Tuesday, 03 June 2014 11:45
Limited Scope Representations in Illinois:
Balancing Ethical Concerns with “Ghostwriting” and Access to Civil Justice
By Natalie Lorenz, Associate
There has been some tension regarding whether attorneys may practice “ghostwriting,” the drafting of pleadings and other court documents by attorneys for clients who go on to represent themselves in court. Some courts, particularly federal courts, claim that the practice is unethical. See, e.g., Chriswell v. Big Score Entm’t, LLC, 2013 WL 315743 (N.D. Ill. Jan 28, 2013). There are two main concerns: first, that ghostwriting exploits the leniency usually afforded to pro se litigants, and second, that it allows attorneys to make misrepresentations to the court, as attorneys usually must sign court documents, affirming that there are grounds for their assertions.