As a pro-se litigant, one might want a bit of help in navigating the "shoals" of a court of law by asking an attorney to review one's documents and/or help as a document preparer or in any other way but without retaining them as counsel. Although it might seem to be a good idea, it may not be:
Asking a licensed attorney to review one's pleadings sometimes can be safe if all one's asking is "Would this "do"?".
However, more often than not, it's legally risky to get advice from an attorney without retaining them, both for oneself AND the attorney helping out. Courts and Bar Associations (and state statutes) frown on those who would get help from an attorney but not retain them as counsel of record--a "ghost lawyer".
This practice--"ghost lawyering"--is unethical and could get the attorney helping in deep doo-doo should the opposing counsel object (and they almost certainly will).
An example of how Rules defining "ghost lawyering" are applied is this Standing Order from the State Bar of Nevada's Standing Committee on Professional Ethics and Conduct, Formal Opinion No. 34, issued December 11, 2006. "Ghost Lawyering" is defined as:
"Ghost Lawyering"1) Ghost-lawyering occurs when a member of the bar gives substantial legal assistance, by drafting or otherwise, to a party ostensibly appearing pro se, with the lawyer's actual or constructive knowledge that the legal assistance will not be disclosed to the court.
In other words, if opposing counsel suspects that the pro-se litigant is getting assistance
sub rosa from an attorney, they have the right to demand that the pro-se litigant attest to their non-represented status or retain the attorney who then must file an appearance and sign all pleadings previously filed. The Nevada rule:
An appearing attorney's remedy upon the suspicion or discovery that a party ostensibly appearing pro se is aided by a ghost-lawyer, is to move the court to exercise its discretion: (A) to require the pro se litigant to disclose whether the litigant is being assisted by a ghost-lawyer; (B) if so, to require the pro se litigant to disclose the identity of the ghost-lawyer; and (c) to require the ghost-lawyer to appear and sign all pleadings, motions and briefs in which the ghost-lawyer assisted.
If the attorney does not do this, then the opposing counsel must treat the pro-se filer as unrepresented by counsel, therefore rendering any communications between the pro-se litigant and their "assistant"--the attorney--NOT privileged AND the "ghost" attorney must then follow any rule governing communication with unrepresented parties.
This view appears to follow closely the ethics rulings on this topic in most states; some are even stricter, and a few more lenient.
The best advice for a pro-se litigant's use of licensed attorneys as "coaches"? If in doubt, hire them to represent you. It's far less hassle and cheaper than defending oneself before the Bar and/or the Court, both on your part and that of the attorney whose advice you sought.
