I recently read an article in the ABA Journal (Sept 2010) regarding the increase in pro se litigation - that is, in parties that represent themselves, either as a plaintiff or defendant. 1,000 state court judges throughout the US were polled regarding the judicial system in 2009. More than 60% set there was a rise in pro se litigation; 62% said that pro se litigants were on the short end of the stick more than their lawyer represented opponents. And, 90% said that pro se litigants "had a negative effect on the courts."
However, the article then discussed how many of these pro se litigants were utilizing lawyers to assist them with drafting court-filed documents - such as the initial pleadings, motions, and the like. This type of legal representation is generally known as "limited scope" representation. The general public refers to it as "ghost lawyering".
I, too, have seen a rise in this type of service, and welcome it. Whether the services are based on an hourly fee or some type of flat rate, the client feels satisfied in knowing that it is receiving legal services, but at a much lower charge than the norm. Further, it allows the client to better appreciate the cost of such services, and can thus, have a better expectation of the charges it will be required to pay until the outcome of the matter arrives.
The key point of the article was to stress that the courts are beginning to change long-standing opinions regarding "ghost" lawyers assisting pro se litigants - any assistance, in effect, leads to a "better prepared litigant, and thus, a more efficiently operated court." I concur, and would anticipate this trend to continue in light of the economic concerns that continue to affect persons and businesses throughout the US and here in California.
Have A Great Day!
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