Can a Florida Lawyer “Ghostwrite” Pleadings for a Pro Se Litigant

Maybe, since it appears that New York lawyers, under a similar ethics rule, are permitted to do so according to an April 2010 opinion from the New York County Lawyers’ Association.

According to Opinion 742, New York adopted Rule 1.2 which allows “limited scope representation.”  Their Rule looks similar, if not identical, to Florida’s Rule of Professional Conduct 4-1.2.  The ABA had some nice coverage as well.

The Opinion states that lawyers can play a “limited role” with informed (written) consent of the client without disclosing the involvement to the court or opposing party except if there is a rule, order or failure to do so constitutes misrepresentation (or triggers another ethical rule).  Even so, “disclosure” need not include the lawyer’s identity.

Need quick access to the Florida ethics rules?  Consider this.

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