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Roger, Attorney
Category: Family Law
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I dropped my attorney from the custody/visitation case. Can

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I dropped my attorney from the custody/visitation case. Can he ghostwrite some motions for me?
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Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist you.

What your attorney has told you has some truth to it, but it's not an absolute.

According the the American Bar Association, it is not necessarily unethical for the attorney to ghostwrite documents. This is something that is done by many pro se or volunteer attorneys every day. The ABA says that the rules of ethics "requires lawyers to disclose their limited scope representation “where necessary,” and that means when it is required by a court rule, a judge-made rule or a judge’s order. Disclosure may also be required where a lawyer’s representation is so expansive that he or she is essentially working as litigation counsel."

The ABA also says that attorneys should err on the side of caution and disclose their involvement as counsel if there's any concern that the attorney is doing more than just preparing documents. .

Here's a link to the ABA you can read about this:

Thus, the attorney does have a valid basis for concern, but it is possible to legally and ethically do this.

I hope this answers your question, but if you need something further, please do not hesitate to ask. Thanks!
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