The Federal Rules of Civil Procedure have not kept pace with the ways in which some lawyers are representing low-income litigants. For example, in its current form, Rule 11 only recognizes traditional “full scope” representation and purely pro se representation, without addressing the ever-increasing possibility that lawyers may represent civil litigants for mere portions of the trial process—the phenomenon known as “limited scope representation.” The failure of the Federal Rules to address this newer representational model is one of several likely causes of an increase in “ghostwriting,” a practice in which attorneys draft court documents for putative pro se litigants without disclosing their assistance. This Note first outlines the ethical and procedural problems ghostwriting poses, paying particular attention to the potential unfairness and inefficiency of the practice, as well as concerns that ghostwriting violates Rule 11. Because previous discussions of ghostwriting have focused largely on ethical implications of the practice, this Note analyzes criticisms of and justifications for ghostwriting from a purely procedural perspective. This procedural analysis reveals that none of the previous discussions of ghostwriting fully resolves fairness and efficiency concerns implicated by the practice. As a result, this Note proposes revising Federal Rule of Civil Procedure 11 to address ghostwriting. Such a solution would, for the first time, address limited scope representation in the litigation context, and provide concrete incentives for attorneys to disclose their assistance to putative pro se litigants.
News & Events
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Volume 97 Lead Piece Profiled in New York Times
The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]
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Volume 98 Spring Submissions Closed
The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.
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Volume 98 Submissions Will Open Feb. 15
The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.
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Minnesota Law Review Announces Volume 98 Editorial Board
The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.
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Minnesota Law Review Announces 2013 Symposium Topic
The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.
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