NJSBA Family Law Section

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ghost writing

  • 1.  ghost writing

    Posted 09-17-2018 02:36 PM

    My adversary is self-represented yet I just received a well-written brief. I can't seem to find the  Rule of Professional Responsibility that applies, although I know there is such a Federal Rule. Does anyone know the answer?

    Thank you.

     

    Arlene F. Albino, Esq.

    Fellow of the American Academy of Matrimonial Lawyers

    Certified Matrimonial Law Attorney

     

    Albino & Clark, LLC

    Attorneys at Law

    10 Poplar Tree Lane

    Sparta, New Jersey 07871

    (973) 729-3888

    (973) 729-4167 Facsimile

     

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  • 2.  RE: ghost writing

    Posted 09-17-2018 03:29 PM

    You may wish to review New Jersey Supreme Court Advisory Committee on Professional Ethics (ACPE) Opinion 713

     

    Charles F. Vuotto, Jr., Esq.

    Starr, Gern, Davison & Rubin, P.C.

    Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney

    Fellow of the American Academy of Matrimonial Lawyers

    Certified by the American Academy of Matrimonial Lawyers as an Arbitrator

    Qualified by the Supreme Court of New Jersey as an Economic Mediator

    2016 Tischler Award Winner given by the NJSBA

    for Lifetime Achievement in Family Law

    105 Eisenhower Parkway, Suite 401

    Roseland, NJ  07068

    Tel. 973-403-9200, Ext. 246

    Fax 973-364-1403

    Email: [email protected] 

    Website: www.starrgern.com

    Website: www.vuotto.com

     






  • 3.  RE: ghost writing

    Posted 09-17-2018 03:56 PM

    You may want to look at this b/c we do get ghost written foreclosure briefs.

     






  • 4.  RE: ghost writing

    Posted 09-17-2018 04:11 PM

    thanks

     






  • 5.  RE: ghost writing

    Posted 09-17-2018 04:19 PM

    Thanks!

     






  • 6.  RE: ghost writing

    Posted 09-17-2018 03:38 PM

    Arlene, my understanding is the attorney who wrote the brief doesn't have to disclose under certain circumstances. See Ethics Advisory below.

     

    New Jersey Supreme Court Advisory Committee on Professional Ethics Op. 713 (2008)

    Limited Representation is fully permissible as long it follows the requirements of RPC 1.2 (c). Disclosure of limited assistance is not required if part of a non-profit program designed to provide legal assistance to people of limited means, or if it represents an effort by a lawyer to aid someone who is otherwise unable to afford an attorney. Disclosure of limited assistance is required in other situations such as when a used as a tactic to gain advantage in litigation or when a lawyer effectively controls the final form and wording of pleadings and the conduct of litigation.

     

    Tom King

     

    Thomas R. King, Esq

    C: 973-750-8348 O: 973-838-4464 Fax: 973-838-4469
    www.njfamily.law - www.njdivorce.law

     

    Click here for directions: https://goo.gl/maps/XcHEVc9UXH32

     

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  • 7.  RE: ghost writing

    Posted 09-18-2018 09:32 AM

    It's not prohibited, but, in my experience can lead to problems. Especially with a well-written brief, a judge may expect that the "author" can defend and debate finer points of the law raised, causing the "author" to flounder at oral and do damage to their case.

    There's lots written on it:

    https://www.njcourts.gov/notices/ethics/ACPE713.pdf

    https://www.americanbar.org/groups/delivery_legal_services/resources/pro_se_unbundling_resource_center/ethics_opinions.html

    Or, more generally -- https://www.google.com/search?safe=off&client=firefox-b-1-ab&ei=3vugW9SfKbCxggeK2rSABw&q=attorney+ghostwriting+pro+se&oq=third+circuit+ghost+writing+ethical



    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223






  • 8.  RE: ghost writing

    Posted 09-17-2018 04:50 PM

    Seeking a recommendation for a person to handle an Essex County eminent domain matter.  My client's apartment building was seized and, as he understands it, he is due a reimbursement of several hundred thousand for the seizure.  This not my area and I don't want to touch it.  Thanks in advance!

     

    Tiffany Clarke Burroughs, Esq.

    Law Offices of Margaret E. Padovano

    107 Main Street

    West Orange, NJ 07052

    Padovanolaw.com

    Phone: (973) 731-8405

    Fax: (973) 325-7934

     


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  • 9.  RE: ghost writing

    Posted 09-17-2018 04:52 PM
    My partner, John Reilly.  Greenbaum Rowe. 732-549-5600. 

    Sent from my iPhone





  • 10.  RE: ghost writing

    Posted 09-17-2018 04:52 PM
    Steve wukovits esq at triarsi Betancourt in cranford. Former Essex prosecutor and certified.






  • 11.  RE: ghost writing

    Posted 09-18-2018 09:34 AM
    At 04:50 PM 9/17/2018, you wrote:
    Seeking a recommendation for a person to handle an Essex County eminent domain matter. My client's apartment building was seized and, as he... -posted to the "Family Law Section" community

    Just a reminder that if you hit "reply" to an email from the listserv, or click on "Reply to group", the subject line will remain the same even if you change it on your email. I.e., if you respond to "Family Law : ghost writing", but change the subject header to "Referral needed for Essex County eminent domain matter", the message will appear under the "Family Law : ghost writing" thread.

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    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223






  • 12.  RE: ghost writing

    Posted 09-18-2018 09:59 AM

    Failing to disclose that you've authored a brief filed with the court (or any other filed documents for that matter) can run you afoul of your "duty of candor to the tribunal."  You are, after all, aware that the intent of the client is to file it, and you are aware that it inaccurately sets forth its author.  While a local DEC might not ring you up for such a violation, there are definitely some sticklers at the OAE who would.

     

    Better to do a limited retainer agreement with the client that specifies only writing a brief and be clear on the brief that you are the author, even if you are not the filing party.

     

    Very truly yours,

     

    Jay Turnbach, Esq.