Can a plaintiff's divorce lawyer prepare the defendant-wife's answer for the husband to deliver, or advise the husband on preparing it himself?

Plain-English summary

Attorney A represented the husband-plaintiff in a simple, uncontested divorce based on one year's separation; the defendant-wife accepted service. The inquiry asked whether Attorney A, who never saw or spoke to the wife, could prepare for her an answer admitting all the complaint's allegations for the husband to deliver to her for signing and filing, and, if not, whether Attorney A could advise the husband if he wanted to prepare his wife's answer.

The opinion concluded the answer to both is no. As to preparing the wife's answer, it referred to CPR 121 (issued at the July 1977 Council meeting). As to advising the husband, it concluded that for the husband to attempt to prepare an answer for his wife would constitute the unauthorized practice of law, and it would be unethical for Attorney A to be a party to such conduct by the husband.

Currency note

This opinion was issued in 1977 under North Carolina's former Code of Professional Responsibility (the DR/EC framework), before the State Bar replaced the Code with the Rules of Professional Conduct (adopted 1985) and before the 2003 revisions to those Rules. The principles it applied (dealing with an unrepresented person and assisting the unauthorized practice of law) correspond to today's Model Rules 4.3 and 5.5. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can the plaintiff's lawyer prepare the opposing spouse's answer?

A: No. The opinion concluded the lawyer may not prepare the defendant-wife's answer, following CPR 121.

Q: Can the lawyer instead coach the husband to prepare his wife's answer?

A: No. The opinion concluded that the husband preparing his wife's answer would be the unauthorized practice of law, and the lawyer may not be a party to it.

Background and rules framework

The opinion applied the Code's principles on dealing with an unrepresented adverse party (corresponding to today's Model Rule 4.3) and on assisting the unauthorized practice of law (corresponding to today's Model Rule 5.5), building on CPR 121. The analysis turned on the lawyer not steering or enabling the unrepresented spouse's pleadings, directly or through the husband.

Citations and references

Rules of Professional Conduct:

• North Carolina Code of Professional Responsibility (dealing with an unrepresented person; unauthorized practice)
• MR 4.3 (dealing with unrepresented persons); MR 5.5 (unauthorized practice of law)

Other opinions cited:

• North Carolina CPR 121

See also

• NC Ethics Op. CPR 121: divorce papers to an unrepresented defendant
• NC Ethics Op. RPC 15: contacting an unrepresented party

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/cpr-125/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Inquiry:

Attorney A represents the husband-plaintiff in a simple, uncontested divorce action based on one year's separation. Defendant-wife accepts service of the summons and complaint.

1. May Attorney A who never sees or speaks to defendant-wife prepare for the defendant-wife an answer admitting all allegations in the complaint, which answer the plaintiff-husband will deliver to the defendant-wife for signing and filing?

2. If not, may Attorney A advise the plaintiff-husband if plaintiff-husband wants to prepare his wife's answer to the complaint?

Opinion:

1. No. See CPR No. 121 issued at the July, 1977 meeting of the State Bar Council.

2. No. For the husband to attempt to prepare an answer for his wife would constitute the unauthorized practice of law, and it would be unethical for Attorney A to be a party to such conduct on the part of plaintiff-husband.