Legal Writing - Plagiarism

Plagiarism

In writing an objective analysis or a persuasive document, lawyers write under the same plagiarism rules applicable to most writers. Legal memoranda and briefs must properly attribute quotations and source authorities; yet, within a law office, a lawyer might borrow from other lawyers' texts without attribution, in using a well-phrased, successful argument made in a previous brief.

Plagiarism is strictly prohibited in academic work, especially in law review articles, seminar papers, and similar writings intended to reflect the author's original thoughts.

Legal drafting is different; unlike in most other legal writing categories, plagiarism is accepted, because of the high value of precedent. As noted, lawyers extensively use formats (contracts, wills, etc.) in drafting documents; borrowing from previous documents is common. A good lawyer may frequently copy, verbatim, well-written clauses from a contract, a will, or a statute to serve his or her client's legal interests.

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Famous quotes containing the word plagiarism:

    Ideas improve. The meaning of words participates in the improvement. Plagiarism is necessary. Progress implies it. It embraces an author’s phrase, makes use of his expressions, erases a false idea, and replaces it with the right idea.
    Guy Debord (b. 1931)

    Mr. Fitzgerald—I believe that is how he spells his name—seems to believe that plagiarism begins at home.
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