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Copying in Brief Writing: Where Is the Line? (New York Law Journal)

New York Law Journal, April 5, 2019

Copying in Brief Writing: Where Is the Line?

“Are the rules about copying different in brief writing than elsewhere? To some extent, yes. But litigators should not mistake that for a license to copy freely. The accepted practices may be different, but there are limits…. Exactly where is the line? The New York City Bar Association’s Committee on Professional Ethics grappled with this issue last summer in Formal Opinion Number 2018-3, where it answered the question: ‘Is it a violation of Rule 8.4(c) [which prohibits ‘conduct involving dishonesty, fraud, deceit or misrepresentation’] for a lawyer to copy verbatim from other sources without attribution when drafting a litigation filing?” 

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