Ghostwriting as Ethical Violation

Download associated file: New_Jersey_Advisory_Cte_on_Prof_Ethics_Opin_713[1].pdf 

Our March 15, 2007, post addressed ethical and Rule 11 issues raised in Delso v Trustees for the Retirement Plan for Hourly Employees of Merck & Co., 2007 U.S. Dist. LEXIS 16643 (D.N.J. March 5, 2007), as a result of an attorney's assisting a pro se plaintiff in by ghostwriting certain court papers for her. The Advisory Committee on Professional Ethics appointed by the New Jersey Supreme Court has weighed in on the ethical, but not the Rule 11, issues. Its Opinion 713, which is attached, takes a middle road and notes the divergence of authorities on the issue (the Association of the Bar of the City of New York opines that the practice is prohibited).

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