As a commercial litigation lawyer working in Pennsylvania (Philly, Montgomery County, Main Line, Bucks County, etc.), Delaware, and New York (NYC, Bronx, Queens, Westchester, Long Island, and Hudson Valley), I often get asked questions about how much involvement clients can have in the preparation of their legal documents.
One question that’s come up more frequently from sophisticated business owners, investors, and professionals is whether they can “ghostwrite” motions for their own commercial cases, and have a business litigation attorney file on their behalf.
As understandable as this may seem—especially for clients who are experienced in business or law—it’s important to understand why this approach isn’t always the best course of action. Here’s why, as a commercial litigation lawyer, I strongly advise against ghostwriting your own motions.
Why Ghostwriting Might Seem Like a Good Idea
When I started Equal Justice Solutions (EJS), a hybrid practice designed to serve a variety of clients, I initially thought ghostwriting would be a common request, especially in civil rights, employment, or consumer cases. These are areas where I thought clients would have a real interest in understanding the law and even drafting documents themselves.
However, over the years, I’ve found that while clients in these sectors do ask questions, they rarely ask us to ghostwrite their motions. The requests tend to come more from sophisticated business owners, investors, and other professionals—people who have the intelligence and background to understand legal concepts and documents. They often think, “Why not do it myself? I can read statutes and research legal precedents, so why not draft my own motions?”
So, Why Not Write Your Own Motions? A Commercial Litigation Lawyer Explains.
It might seem like a good idea to handle your own legal work, but there are several critical reasons why relying on a commercial litigation lawyer is the safer and more effective choice for your case.
1. Legal Competence and Ethical Responsibility
As a commercial litigation lawyer, I’m bound by Rule 1.1 (Competence) and Rule 1.2 (Diligence) of the attorney ethics rules. These rules require that we handle every aspect of the case with competence, thoroughness, and diligence. The responsibility for everything we file in court rests squarely with us. This means we need to double-check everything—whether it’s statutes, case law, or court rules—before submitting it.
While you might be capable of researching case law or even finding information on platforms like Google Scholar, it’s not the same as the legal research we do using tools like Lexis, Westlaw, and Bloomberg. These tools are far more comprehensive and designed for professionals who need to ensure their work meets legal standards. When we rely on ghostwritten documents, we cannot be sure everything is correct, and that puts us at risk for errors that could harm your case.
2. Tone and Professionalism in Legal Documents
As your commercial litigation lawyer, my job is to present your case in the most professional, objective, and strategic way possible. It’s easy to get emotionally invested in your case, especially when you’re facing a significant legal battle. However, legal writing requires a certain tone—one that’s free of personal biases, emotional language, or inflammatory comments.
While we fully understand and sympathize with your passion for your case, personal attacks or overly emotional statements in your motions can backfire. Not only do they undermine your credibility, but they can also lead to negative outcomes in court. This is why it’s critical that your commercial litigation lawyer ensures your case is presented in the right tone and focused on the legal facts.
3. We Need to Know the Law as Well as You Do
In order for us to advocate for you effectively, we need to know the facts and law of your case inside and out—possibly even better than you do. While you are an expert in your field, we are experts in the law. Legal documents need to be accurate and comply with court rules, something that a non-lawyer might overlook.
While you might be able to find the relevant statutes or precedents, it’s our job to apply them correctly in the context of your specific case. Ghostwriting, or relying on a non-lawyer to do this, introduces a risk that we won’t fully understand or catch all the nuances, which could have negative consequences for your case.
4. Legal Liability and Malpractice Risks
When we work on your case, we are legally responsible for the content of everything we file. If a non-lawyer or client prepares a draft, we still have to review it and ensure everything is accurate and compliant with the law. If something goes wrong—whether it’s a missed statute, misapplied precedent, or incorrect legal argument—the responsibility falls on us, not you.
This is why we cannot legally rely on non-lawyer clients to do this work. Even if you send us a “first draft” or propose legal theories, we still need to do the legal work ourselves to ensure it’s accurate, compliant, and strategically sound.
Conclusion: Why It’s Important to Work with a Commercial Litigation Lawyer
In conclusion, while it might seem like a good idea to draft your own motions or have someone else do it, there are significant risks involved. As a commercial litigation lawyer, we have the ethical obligation to ensure that everything filed on your behalf is accurate, professional, and legally sound. Ghostwriting exposes you, us, and the case to unnecessary risk.
If you are looking for high-quality representation for your business dispute, we are here to help. We operate across Pennsylvania, Delaware, and New York, including areas like Philly, Montgomery County, Main Line, Bucks County, NYC, Bronx, Queens, Westchester, Long Island, and Hudson Valley. Whether you’re facing a complex legal matter or looking for guidance on the next steps in your case, we can provide you with the support you need to succeed.
Feel free to reach out to us for a consultation, and we can discuss your case and how we can assist you in the most efficient and effective way possible.