We ghostwriters can be a shadowy lot, lurking in the corners of that published article or white paper or web-site blurb. However, we ghostwriters should have some integrity too and should not exploit the shadows for illicit purposes. The New York Times reports on a more than questionable use of ghostwriters in its article on December 12, 2008 entitled Drug Makers Said to Pay Ghostwriters for Journal Articles. The culprits are Wyeth Laboratories and DesignWriter, a medical writing firm, and the drug is Prempro, a female hormone replacement therapy. The charge is that Wyeth and the firm concealed their roles from readers of the medical journals into which the articles were placed, allegedly misleading readers by adopting a pro-Prempro agenda at the outset. One article was published after a federal study found that Prempro increased the risk of breast cancer. Use of the ghostwriters in medical journals generally is considered a no-no:
The International Committee of Medical Journal Editors says authorship means “substantive intellectual contributions” including conception or analysis of the subject and drafting or critical revision of the document. The World Association of Medical Editors says ghost authorship — which it defines as a substantial contribution not mentioned in the manuscript — is “dishonest and unacceptable.”
Congress got a sniff and is now seeking more information from these entities about the specifics. The articles identifies the crux of the problem:
The articles all involve reviews of clinical studies and other research. While such reviews are common in medical publishing, what Mr. Grassley contends happened with the Wyeth-commissioned articles is that that expert authors whose names appear on the articles became involved only after outlines or drafts of the articles were already written.
It is my opinion that ghostwriting in any technical field could skirt ethical, if not legal, obligations, depending upon the tone of the article and the context in which it is placed. Lawyers are adept at affixing disclaimers on their writings in order to avoid a mistaken impression that their writing be relied upon as legal advice when such reliance is not intended. Similar pitfalls are apparent in the ghostwriting scenario.
At a minimum, lawyers looking to use ghostwriters for legal drafting should remember the plight of Wyeth and its firm. Consider using attorney-drafters and ensure that your in-firm author is heavily involved in the drafting process or be prepared to disclose the identity of your ghostwriter as a co-author.
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