Not Vegas (but applicable nonetheless): Suit is “almost a word-for-word carbon copy” of prior complaint filed by different lawyers, federal judge says. [ABA Journal]
I know of a person who has had 5 DUI’s. The third one was determined to be a felony and he got some DUI court rather than mandated prison. The fourth was negotiated down to another 1st. The fifth was a terrible accident in which the DUI driver was seriously injured so that case was called reckless driving with substantial bodily injury. Great lawyering, but this person is still on the roads.
When I think back on my younger days, I cannot believe all of the times that I took chances. Never got pulled over and never injured myself or anyone else. Today if there’s any chance I might have more than 1-2, then it’s Uber/Lyft. There is no reason ever to take the risk.
Most of us, I’m confident, know this person too, and it is utterly appalling he still has a license to practice law…
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Anonymous
April 16, 2025 1:47 pm
The concept of “plagiarism” is something that exists in published works and academia, but it seems non-applicable here. How does plagiarism apply to court filings at all? Whom amongst us has not copied a well written motion or brief essentially wholesale.
I’m not defending the attorney who filed a complaint with references to the wrong documents and wrong plaintiffs and wrong kind of case. I’m just saying it isn’t “plagiarism,” in my mind, it’s just being a crappy lawyer.
another issue is that even if we do not take from other attorneys, we will definitely plagiarize from ourselves. for example, if i drafted a motion to dismiss or motion to compel before, i will definitely copy from that and just fine tune the facts to tailor to the instant case. surely no one will take issue with that, but a judge like the one in the article might
Plagiarism is encouraged and expected. We do not find more interesting ways of saying things, we hammer the language that comes from statute or case law or prior pleadings that have succeeded . . . OVER and OVER and OVER again.
There’s plenty of room for creativity in legal writing, but the concept of plagiarism doesn’t even really apply.
Randazza is a fucking bad ass. There are legal cites to Walter Sobchak’s “there are rules” line, which I have cited in motionwork on procedural issues.
FirstMerit Bank, N.A. v. Antioch Bowling Lanes, Inc., 08 F. Supp. 3d 618, 619 (N.D. Ill. 2015) (“The character Walter Sobchak once said, ‘This is bowling. There are rules.’”).
I know of a person who has had 5 DUI’s. The third one was determined to be a felony and he got some DUI court rather than mandated prison. The fourth was negotiated down to another 1st. The fifth was a terrible accident in which the DUI driver was seriously injured so that case was called reckless driving with substantial bodily injury. Great lawyering, but this person is still on the roads.
If you get more than 2 DUIs in a 5 year span, you should automatically lose your license. it really should be that simple.
Agreed!
They will still drink and drive until they kill or seriously injure someone and go to prison.
One DUI should cost your license. Two should be jail time.
When I think back on my younger days, I cannot believe all of the times that I took chances. Never got pulled over and never injured myself or anyone else. Today if there’s any chance I might have more than 1-2, then it’s Uber/Lyft. There is no reason ever to take the risk.
Most of us, I’m confident, know this person too, and it is utterly appalling he still has a license to practice law…
The concept of “plagiarism” is something that exists in published works and academia, but it seems non-applicable here. How does plagiarism apply to court filings at all? Whom amongst us has not copied a well written motion or brief essentially wholesale.
I’m not defending the attorney who filed a complaint with references to the wrong documents and wrong plaintiffs and wrong kind of case. I’m just saying it isn’t “plagiarism,” in my mind, it’s just being a crappy lawyer.
Agreed. I mean who among us, doesn’t have a “forms” database spanning the length and breadth of our employment opportunities over the years.
Of course, with zero personal confidential and/or privileged information belonging to the clients.
another issue is that even if we do not take from other attorneys, we will definitely plagiarize from ourselves. for example, if i drafted a motion to dismiss or motion to compel before, i will definitely copy from that and just fine tune the facts to tailor to the instant case. surely no one will take issue with that, but a judge like the one in the article might
Plagiarism is encouraged and expected. We do not find more interesting ways of saying things, we hammer the language that comes from statute or case law or prior pleadings that have succeeded . . . OVER and OVER and OVER again.
There’s plenty of room for creativity in legal writing, but the concept of plagiarism doesn’t even really apply.
But “gossamer threads of whimsy” is mine! Copyright
Poetry.
I coined “roundly rejected prior restraint,” as a co-author if the original Port Huron Statement (not the compromised second draft).
How to properly cite, “roundly rejected prior restraint.”
https://randazza.wordpress.com/2014/10/11/how-to-cite-to-walter-sobchak/
Randazza is a fucking bad ass. There are legal cites to Walter Sobchak’s “there are rules” line, which I have cited in motionwork on procedural issues.
FirstMerit Bank, N.A. v. Antioch Bowling Lanes, Inc., 08 F. Supp. 3d 618, 619 (N.D. Ill. 2015) (“The character Walter Sobchak once said, ‘This is bowling. There are rules.’”).
Been using that one for over 20years.
and if you start from scratch you might get a decision which reads like this one…
https://scholar.google.com/scholar_case?case=18284509156497005733
OMG this is hilarious.
That is awesome.
Wise words of Professor Stemple: “No reason to reinvent the wheel”