Monday, March 23, 2015

Consultants and Ghostwriters

DISCLAIMER  The comments on this blog are the opinions of the blogger based on personal experience as a defendant in a divorce case.  Please note that the information here does not constitute legal advice.  I am not a lawyer.  It is strongly recommended that you hire a family law attorney, licensed to practice in your state, to represent you and to help guide you through the complicated process of divorce.



Option #3 - Consultants and Ghostwriters

 

Some people pay lawyers to be their ghostwriters, also known as ghosts or ghost attorneys.  One litigant explained to me that he pays an attorney to write the legal documents for him, but the attorney's name does not appear on his documents at all.  The litigant files the documents on his own at the courthouse and represents himself in court pro se.

Although I personally have no experience with this option, it sounds like a smart move.  The litigant's expenses are lower, but a lawyer is helping him.

There are websites that offer ghostwriting services, but your best bet may be to find a trustworthy lawyer who will work with you in person.

Be aware, however, that the court may want to know whether a lawyer has prepared your documents for you.  In 2007, a U.S. District Court in New Jersey barred an "undisclosed" (ghost) lawyer from advising a pro se litigant in a civil case on retirement benefits.  Apparently, that case became the talk of legal blogs across the country, as lawyers debated whether ghostwriting is ethical.

Thanks to an ever-growing number of pro se litigants, these days many lawyers offer other "unbundled" services like ghostwriting.  For example, another option might be to compose your own legal documents and ask a lawyer to be your consultant.  The lawyer might charge you an hourly fee for the legal advice, but maybe you won't have to pay a retainer fee.

Whatever you decide to do, make sure you understand up front what the attorney is willing to do for you and how much he or she will charge you for the service.

To search for a lawyer, you could start by checking with the New Jersey State Bar Association.   They have a lawyer referral service as well as a military legal assistance program.  

Another way to search for a lawyer is through the American Bar Association.   Depending on your circumstances, you might even qualify for free legal help through the ABA.  For the record, I've never met anyone who qualified for pro bono legal representation, but maybe you'll be the lucky one.

To find more information about a lawyer, you also could use the New Jersey State Judiciary's "NJ Attorney Index."  




Option #4 - Free Consultations, Workshops, and Seminars >>>

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