Practicing With Professionalism - South Carolina Bar Association

a. Those with whom you have a personality clash;
b. Those who insist on an incorrect version ofthe law;
c. Those who do not listen to you;
d. Those who have discharged other attorneys previously regarding
the same matter. See CBA Ethics Opinion 40, Accepting Cases
Handled by Another Attorney;
e. Those who present matters in which you have little or no
experience; and
f. Those who present matters in courts unfamiliar to you.
H. 'Unbundled Legal Services and Ghost Writing ofPleadings and Motions:
1. An attorney ghost writes pleadings used by a litigant appearing pro se:
a. Ghost Writing is prohibited in the Federal District Court for the
District of Colorado. See Johnson v. Bd. ofCounty Comm'rs of
Fremont County, 868 F. Supp. 1226 (D. Colo. 1994). (Four
plaintiffs brought claims of sex discrimination against defendant,
including the sheriff of Fremont County "in his official and
individual capacities." Senior District Judge John Kane struck the
limited appearance of one defense attorney on behalf of the
sheriff, where it was noted on the pleadings the attorney
represented the sheriff "in his official, capacity as Sheriff of
Fremont County." This ruling followed the Sheriff's entry of
appearance upon ghost written pleadings "in his individual
capacity and pro se." Judge Kane .. then condemned the ghost
writing, noting a litigant can falsely appear not to have
professional assistance and can obtain the benefit of having
pleadings filed pro se interpreted liberally. Reviewing the
authorities on ghost writing, Judge Kane concluded the use by a
pro se litigant of an attorney to guide the case "with an unseen
hand" falls "far below the level of candor which must be met by
members ofthe bar." See also Administrative Order issued by the
United States District Court for the District of Colorado, June
1999; andDuranw-Carris;-238-F:3d-1268'(10th Cir~·2001).,:,
b. Preparing court documents but not entering an appearance is
permitted in the Colorado State Courts. See C.R.C.P. 11; 311;
121 §1-1; and Colo. RPC 1.2, as amended for conduct in the state
courts:
Professionalism CLE 6/2004 1-5