Unformatted text preview: rect use of someone else’s words.
2. Acknowledge any paraphrase of someone else’s words.
3. Acknowledge direct use of someone else’s idea.
Careful scholarship, which is especially important in an academic
setting, requires adhering to two additional rules: 4. Acknowledge a source when your own analysis or
conclusion builds on that source.
5. Acknowledge a source when your idea about a legal
opinion came from a source other than the opinion itself. ELECTRONIC DATABASES
Material obtained through any source must be attributed, including material obtained
from electronic databases such as LexisNexis®; Westlaw®; and the Internet. Review the
ALWD Citation Manual Rules 38, 39, and 40, and The Bluebook 17.3 for the rules on
properly citing electronic sources. 4 EXERCISE
First skim the following materials, which are excerpted from primary and secondary
sources. Then read the excerpted sample student memorandum that attempts to
incorporate those sources. For each paragraph in the student memorandum, determine
whether the student has avoided committing plagiarism and explain why or why not.
Primary Source (as downloaded from Westlaw) Sample Student Memorandum Whiteside v. Griffis & Griffis,
P.C., 902 S.W.2d 739, 744 (Tex.
App. 1995). ¶1 Although agreements anticipating
competition, like the one at issue, may
The rationale behind the majority
view is clear. The purpose of DR 2- ultimately prevent client grabbing, the
108 is to protect the public’s
courts often hold that the agreements are
right to select the attorney of
unenforceable. Kirstan Penasack, Student
their choice. Anderson, 461 N.W.2d
at 601; Jacob, 607 A.2d at 148;
Author, Abandoning the Per Se Rule
Cohen, 550 N.E.2d at 411; Spiegel,
Against Law Firm Agreements Anticipating
811 S.W.2d at 530; see 2 Geoffrey
Competition: Comment on Haight, Brown
C. Hazard, Jr. & W. William Hodes,
The Law of Lawyering § 5.6:101
& Bonesteel v. Superior Court of Los
(1990); Terry, supra, at 1072;
Angeles County, 5 Geo. J. Leg....
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- Winter '14
- Law, Lawyer, attorney, Legal Writing Institute, Whiteside