(a) Nondisclosure In a civil proceeding, an attorney who contracts with a client to draft or assist in drafting legal documents, but not to make an appearance in the case, is not required to disclose within the text of the documents that he or she was involved in preparing the documents.
Rule 3.37.Nondisclosure of attorney assistance in preparation of court documents
Division 1. General Provisions · Chapter 3. Attorneys · Adopted 2007 · no amendments on record · Last verified July 29, 2026
In one sentenceRule 3.37 lets an attorney who drafts or helps draft court documents without appearing in the case keep that involvement undisclosed, while requiring specific billing disclosures if the litigant later seeks attorney’s fees for the document preparation.
Full Text of Rule 3.37
(b) Attorney’s fees If a litigant seeks a court order for attorney’s fees incurred as a result of document preparation, the litigant must disclose to the court information required for a proper determination of the attorney’s fees, including:
(1) The name of the attorney who assisted in the preparation of the documents;
(2) The time involved or other basis for billing;
(3) The tasks performed; and
(4) The amount billed.
(c) Application of rule This rule does not apply to an attorney who has made a general appearance in a case.
Plain-English Summary
Ghostwriting is a common form of limited scope help: an attorney drafts or edits pleadings and other filings for a client who otherwise represents themselves, without ever appearing in court on the client’s behalf. Rule 3.37 confirms this arrangement need not be disclosed within the document itself. Nothing in the text has to reveal that a lawyer had a hand in preparing it.
That anonymity has a limit tied to money. If the litigant later asks the court to award attorney’s fees for the cost of preparing those documents, the litigant has to disclose the details behind the bill — the attorney’s name, how the time was calculated or billed, what tasks the attorney performed, and the amount charged. A court cannot evaluate a fee request without seeing what the fee was for.
The nondisclosure option disappears once the attorney makes a general appearance in the case. At that point the attorney is participating openly, and Rule 3.37 no longer applies.
Frequently Asked Questions
Does an attorney have to disclose helping draft a self-represented litigant’s court papers?
No, not within the document itself, as long as the attorney has not made a general appearance in the case, under Rule 3.37(a).
What must be disclosed if a litigant seeks attorney’s fees for document preparation?
The attorney’s name, the time involved or other billing basis, the tasks performed, and the amount billed, per Rule 3.37(b).
Does the nondisclosure rule apply once the attorney appears in court?
No. Rule 3.37(c) limits the rule to attorneys who have not made a general appearance in the case.
Amendment History
Rule 3.37 adopted effective January 1, 2007.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: ghostwriting court documents California ruleundisclosed attorney assistance drafting pleadingsattorney fees for document preparation disclosure