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Wednesday, December 02, 2009

Courts - More on "States Letting Lawyers Provide 'A La Carte' Menu of Legal Services"

Updating this ILB entry from January 4, 2007, the Dec. 1 ABA Journal had this item by Debra Cassens Weiss headed "Kansas Ethics Opinion Requires Disclosure on Ghostwritten Pleadings.". A quote:

ABA Formal Opinion 07-446 says lawyers may help pro se litigants prepare pleadings without disclosing their role. But the Kansas opinion differs with that conclusion.

“The Kansas Ethics Advisory Opinion Committee is concerned with the appearance and the impression which are left by pleadings prepared with the assistance of an attorney without disclosing that assistance,” the opinion says. “This implicates the lawyer’s duties under Rule 3.3, ‘Candor Towards the Tribunal.’ Therefore, the committee believes that such assistance should be clearly disclosed.”

Posted by Marcia Oddi on December 2, 2009 12:23 PM
Posted to Courts in general