The Rhode Island Supreme Court has ruled that attorneys can't ghostwrite court filings for pro se litigants unless they sign the documents and disclose how much they assisted with the documents, Nicole Benjamin blogs for JDSupra Business Advisor.
The Rhode Island Supreme Court addressed this issue of first impression regarding three attorneys who ghostwrote pleadings on behalf of pro se defendants in three separate debt collection cases. The case is FIA CARD SERVICES, NA v. Pichette.
Benjamin notes that some legal advocates favor ghostwriting because it's one way to unbundle legal services and provide pro se litigants greater access to the legal system. On the other hand, attorneys who ghostwrite court filings aren't held to account under rules of civil procedure and professional conduct. And pro se litigants, who get greater leniency from courts in how their pleadings are construed, could benefit unfairly, Benjamin writes.
Lawyer and Legal Journalist
