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Does anyone copy from Westlaw when writing a legal memo?
Posted: Mon Feb 08, 2016 1:46 pm
by ellewoods123
...I'm in the process of writing a
memorandum of law on a particular type of motion. While researching I have been using excellent secondary sources on Westlaw that very clearly and articulately lay out the factors considered/procedural steps etc and cite to relevant case law. I cannot write it any more clearly than this secondary source, and don't see a problem literally taking it word for word and citing to the practice series and case law. Should I feel guilty about this? I don't see any point in reinventing the wheel. Or - does this tread too closely toward plaigiarism?
Re: Does anyone copy from Westlaw when writing a legal memo?
Posted: Mon Feb 08, 2016 1:53 pm
by rpupkin
ellewoods123 wrote:...I'm in the process of writing a memorandum of law on a particular type of motion. While researching I have been using excellent secondary sources on Westlaw that very clearly and articulately lay out the factors considered/procedural steps etc and cite to relevant case law. I cannot write it any more clearly than this secondary source, and don't see a problem literally taking it word for word and citing to the practice series and case law. Should I feel guilty about this? I don't see any point in reinventing the wheel. Or - does this tread too closely toward plaigiarism?
Is this a memo for work? If so, it's totally fine, but I'd still cite the secondary source. But if it's for a legal writing class or something school-related, I wouldn't do it.
Re: Does anyone copy from Westlaw when writing a legal memo?
Posted: Mon Feb 08, 2016 9:50 pm
by despina
Looks like you're writing a memo to be submitted to a judge, to accompany a motion?
If so, I would avoid quoting and citing secondary sources unless maybe they're widely recognized as the leading treatise in a field. The judge isn't bound by statements of law in secondary sources and she's going to read your cite to a law review article or ALJ and say "that's very nice, but where's the case law or statute that tells me I have to see it that way?"
Re: Does anyone copy from Westlaw when writing a legal memo?
Posted: Tue Feb 09, 2016 10:39 pm
by zot1
ellewoods123 wrote:...I'm in the process of writing a memorandum of law on a particular type of motion. While researching I have been using excellent secondary sources on Westlaw that very clearly and articulately lay out the factors considered/procedural steps etc and cite to relevant case law. I cannot write it any more clearly than this secondary source, and don't see a problem literally taking it word for word and citing to the practice series and case law. Should I feel guilty about this? I don't see any point in reinventing the wheel. Or - does this tread too closely toward plaigiarism?
Re: Does anyone copy from Westlaw when writing a legal memo?
Posted: Tue Feb 09, 2016 10:43 pm
by Johann
copying shit is the best way to do it and is expected in the industry.