Cast your vote re: ghostwriting

I’ve received the following email 3 times. It’s time for me to share!

Following an article published yesterday, titled Kansas Ethics Opinion Requires Disclosure on Ghostwritten Pleadings, the ABA Journal has created a poll on ghostwriting.  Visit the site at www.abajournal.com to cast your vote in the poll “Is Ghostwriting Legal Documents Ethical?”.

Scroll down the screen to see the poll, which is located on the right side of the home page.  We’re not sure how long the poll will be open, so be sure to vote today.

This issue is particularly relevant for those of us interested in limited scope representation.

Limited scope representation varies state by state, but generally, it allows attorneys to provide a discrete service and is considered by many to increase access to justice – due to reduced costs for legal services.

A litigant or client may pay for someone to write a letter on their behalf or write their court documents, but complete their legal representation at that point.

Ghostwriting is when the attorney writes the documents for the client. In some states, the attorney does not have to sign their name; in others, it is mandatory.

What do you think? Case your vote at www.abajournal.com.

-RFW

It’s Time. Time to Talk about UNBUNDLED Legal Services.

Unbundled Legal Services

aka Limited Scope Legal Representation

If you’ve been watching the news lately, you’ve noticed we appear to be in somewhat of a fiscal crisis. A meltdown. A mess. A recession.

Sure, sure. But what does that have to do with the law? Well, it seems that with this financial hiccup, this financial blip, this financial snarfle has profound impact on the daily lives of individuals. The impact results in loss of jobs, loss of homes, loss of medical insurance, loss of transportation, destroying marriages in its wake, affecting many.

Much of the loss involves court action – unemployment actions, foreclosure actions, bankruptcy and collection filings, divorce actions, etc. In the past many of these individuals would seek assistance from attorneys who are well-versed in the laws affecting their clients.

This is NOT occurring in this era of Judge Judy, Judge Joe Brown and other DIY shows. Instead people are flocking into courtrooms themselves, without expert counsel. These individuals may be called Self-Represented Litigants (SRLs) or Pro Se Litigants or Pro Per Litigants. In this blog you’ve seen reference to SRLs.

Well, why is this worthy of a column?

  • Because unfortunately many of these individuals are heading into court thinking that they operate similarly to what has been shown on television and that is generally NOT how the court operates.
  • Because many are heading into court not understanding the consequences of the litigation.
  • Because many do not understand the court rules.
  • Because many do not know where to even FIND court rules.
  • Because attorneys have this knowledge and are not able to share their knowledge because of the perception of high costs.
  • Because this will lead to even more barriers to justice which will lead to greater perception that the courts only help people or companies with lots of money.

And that pains me. And it pains many of my attorney friends.

Sure, there’s always a greedy attorney joke out there. About an Ambulance chaser. About a Scheister/Shyster.

Go ahead. Tell the joke, even if it’s in your head. Laugh or chuckle a bit. Then come back to this blog.

Welcome back. Contrary to all you’ve read or heard, MOST, MOST, not all, but MOST attorneys enter the profession to help. It may be to help a specific person – maybe a family member. It may be to help a group of people. And, if you think about it, law and attorneys function precisely TO ASSIST.

Which leads to my attorney friends.

BIG DISCLAIMER: I AM AN ATTORNEY. MY HUSBAND IS ALSO AN ATTORNEY. MY COUSIN IS AN ATTORNEY. MY BROTHER HAS HIS LAW LICENSE.

I have many friends who are currently practicing law. Some are practicing in large firms. Others are solo practitioners. Yet others are government attorneys. And many of them work for non-profit legal service entities.

And we’re all talking. (ok, attorneys do love to talk) We’re all talking about the economy. We’re talking about most of us would not be able to afford to hire ourselves. This is where we all have the nervous giggle, no more of a titter.

It’s true. That’s why I say, it’s time to seriously consider UNBUNDLED LEGAL SERVICESThe term refers to a broad range of discrete tasks that an attorney might undertake such as: advice, negotiation, document review, document preparation and limited representation.

This will not abate the current fiscal crisis, but it may help people as they enter the civil legal system. Any other ideas? Anyone?

-RFW

To read about Unbundled Legal Service in Canada recently in the news, click here.