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Are lawyers allowed to help a pro se petitioner prepare documents for court, or is it considered unethical?
Anonymous2 views3 answers
The EDD audit of my company is headed for court. I had an attorney who I trusted, but he has left private practice and is no longer representing me. For many reasons, soon after he left I decided to self represent. I asked another attorney if he would be willing to help me prepare documents for court. My plan is do to the remaining legal work, but would like a lawyer look over my work, and make sure it's properly formatted, This new attorney said he would need to contact the Bar to find out if this was allowed. This was several weeks ago and I never heard back. So I am left wondering, are lawyers allowed to help a pro se petitioner prepare documents for court, or is it considered unethical? If it is allowed, are there any recommendations on how to find someone?
Attorneys can offer representation on a limited basis. This is also known as "unbundling" legal services.
It's not unethical, but it can increase a lawyer's exposure to a malpractice lawsuit, even if the mistake happens in an aspect of the case that's beyond the lawyer's control.
Some lawyers are hesitant to accept clients oven a limited basis because defending a lawsuit could cost far more than they ever got paid in the first place.
You can use 's "find a lawyer" tool to search for lawyers in your area.
Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
It is not unethical but few lawyers will want to review your work merely for proper formatting. I have yet to review a document prepared by a self-represented client that accomplished the purpose for which it was intended.
No attorney wants malpractice exposure because the services involved formatting, only.
Judges will generally overlook formatting, but not substance. If you are appearing before an ALJ, I assume you have already lost the first round and the law and facts are stacked against you.
You may find this blog post informative: "What is limited scope representation?" at http://mrdaymude.com/tips/#tip10.
Although attorneys can assist pro se litigants, many are hesitant to do so due to legal malpractice concerns. If, while assisting in "formatting," an attorney sees a point that is incorrect or could lose the case, what should the attorney do? Although not retained for legal advice, if that lack of advice causes the case to be lost, the attorney might find himself sued for legal malpractice. Yes, unbundling is legal. However, many attorneys will not do it.
