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ARTICLE FOR CLE CREDIT Ghost-Lawyering: When Being a Friend Becomes Your Foe OF NEHA KALRA ESQ. Attorneys are often not want to sacrifice either aspect of the Lawyer, August 2006 at p. 40. approached by friend In non-litigat and acquaintances a friend can become your greatest for For allorney's actual or constructive seeking legal help. We purposes of this article, I will cal nowledge that the preparation of have all been there. or acquaintance the "ghost-client." documents andfor the rendering of substantial legal assistance to an Despite an attorney's What is Ghost-Lawyering? individual will be presented to another good intentions, Ghost-lawyering occurs in two attorney, even though the individual left too much to doing too much to appears unrepresented, constitutes hol a non-attorney listinet contexts: in litigation and non help a non-attorney tigation settings, which may include improper ghost-lawyering- See State bar fiend may lead to ransactional work. In Nevada, of Nevada Standing Com violation of ethical ost-lawyering in the litigation context Is defined as: the practice of a member 34. p. 1 (2006) (rev. 2009) at 11. Ghost and procedural rules awyering is unethical in Nevada in both often referred to as of the bar assisting a pro se litigant ghost lawyers out entering a formal appearance the litigation and non-litigation settings. case as an attorney of record) See State Bar of Nevada Standing Comm this is where the me on Ethics and Professional Responsibility between maintainin rafting, or guiding the drafting of between maintar ntial portion of the pleadings, Formal Op. 34, p. 1 (2006) (rev. 2009) at your social identity and briefs for the pro se litiest 1-2. Not only will ghost-lawyering land by helping your friend aing them, and thu you in front of the ethics committee, but and balancing your essional, ethical, and substantive you may also be subjecting yourself to a malpractice action. How, might you ask? ethical responsibility ations imposed on licensed attorneys. ptember 2022 . Nevada Lawyer See State Bar of Nevada Standing Comm. Nevada Rule of Civil Procedure begins to blur. on Ethics and Professional Responsibility, $11(a) requires every pleading, written Formal Op. 34, motion, and other paper to be signed At a certain point, an attorney 3, citing In re Mungo, 305 B.R. 762 (DC by at least one attorney of record in the egin to wonder whether they attorney's name or by a party personally if the party is unrepresented. See Nevada will need to risk a friendship or No. 05-111-1865 issued by the Southern Nevada Disciplinary Board, Nevada Rules of Civil Procedure (NRCP) $11(a). blow to their career. Most attorneys do A ghost-written document, submitted om the record. Next thing you know, the Answer brief telephone inquiries document you prepared or substantially apprising persons of potential preparing has been stricken, th legal issues and rights; Suggest that a person seek legal the alleg ations contained in the now- assistance; sed motion, the court is seeking the Provide a referral to counsel; to the court without the signature of client's divulgence of the ghost- the attorney who wrote the document, armation, subjecting you to government efforts to support constitutes a violation of NRCP II(a), in anctions for your violation of professional pro se litigants and their self. addition to violating his of her nofessional responsibility, and the ghost-client now responsibility. NRCP $11 further states. the wants to sue you for malpractice. help efforts (in other words, court must strike an unsigned paper unless At this point, you are likely moremovement in government pic bono service programs); and the omission is promptly corrected after ring why Nevada takes such Properly appear as counsel being called to the attorney's or party's rdline approach while other states it ghost-lawyering. Policies of in a case, whether bundled or union. See NRCP $11(a). ingbundled believe that the conduct arse er states reason that the affordability legal assistance is the driving force to a level where the court is mandatorily What is impermissible? strike the ghost-whitteh document pursuant to NRCP $11? Rest wods Standing Comm on Ethics and Without making an appearance in he matter in the litigation setting and or assured, local court rules may also reinforce fessional Responsibility, Formal Op. failure to divulge his or her engagement in your state's policy on ghost-lawyering. For example, $8.03 of the Rules of Practione for (rev. 2009) at 1-2, citing non-litigation matters, an attorney cannot: the Eighth Judicial District Court of the Draft in whole and/or guide the drafting of a substantial portion State of Nevada empowers courts of the 07-446 (2007). The heart of the quandary pleadings, motions, and briefs for her to strike non-co non conforming documents lies in the public policy of availability and he ghost-client, without signing god under $7.20. See EDCR $7.20 them; and and $8.03. Likewise, $10 of the Rules of accessibility of legal services to the public and the governance of the profession Provide substantial legal assistance Practice for the Second Judicial District In reviewing what the State Bar of beyond the drafting of papers to be Court of the State of Nevada, subsection Nevada does not constitute as ghost- submitted to the court. conforming documents and $1 12(b)(7) lawyering and its reasoning for imposing sanctions for violation of ethical In addition to the broad rang and (8) of the Rules of Practice for the responsibility, its intent to protect both T assistance not rising to the level First Judicial District Court of the State of officers of the court and its residents is of substantial legal assistance in the Nevada grants courts of its district wide illuminated. See Id. at 4. Knowledge of performance of ghost-lawyering. discretion to impose sanctions on parties what is permissible and what is considered evada houses a variety of not-for-profit and/or attorneys for his or her neglect to unethical can save both your friendship anizations aimed toward making comply with any applicable law, rule, or and your career. affordable legal advocacy accessible to the order of the court. See WDCR $10 and blic. By way of example, organizations September 2022 . Nevada Lawyer FIDCR $1.12. What can you do? ude those such as the Legal Aid When these rules are read in Center of Southern Nevada, America conjunction with the prohibition of ghost- Provide limited, informal legal Civil Liberties Union of Nevada, and lawyering and NRCP $11, clever counsel advice and assists ograms such as the Nevada Disability may reasonably argue that an apparently host-written document must be stricken . Provide assistance in completing a Advocacy & Law Center, the "Family Ask preprinted form; CONTINUED ON PAGE 24 INTINUED FROM PAGE 23 Ghost- Lawyering a Lawyer Program," the "Estate Planning Ask a Lawyer Program," Dome Employment Ask a Lawyer Either, in the criminal elling, an indigent defendant may be appointed counsel pursuant to the Nevada Revised Statutes, and attorneys may appear in an representation) for a potential I. Plainly stated, there are i vast number of avenues available to members of the bar where they can offer limited and/or compromising the standards of the profession. The existence of these vast not-for profit organizations help fill the public's need for legal services and provide an avenue for the giving attorney's desire to dedicate time and resources to pro- We don't stop when BANEVADA bono projects, eliminating the need to engage in ghost-lawyering. we get your business. HDEPENDENT We keep earning it every day. NEHA KALRA is an attorney Proving ourselves, time and again is part of our daily routine and how we deliver on accountability at Bank of Nevada and First Independent Bank. law firm of Kelleher & Kelleher, where she Bank on Accountability" practices in the area of domestic litigation. She received her J.D. from Meet Your Local Banking Experts California Western School of Law, and her bachelor's degree from the University of California, San Diego. (202) 252 6452 5)824 4356 September 2022 + Nevada Lawyer |in America Veze After Year