In San Juan v Fossil Fuel Companies, U.S. District Judge Aida Delgado-Colón made headlines by accusing attorney David Efron of “plagiarism” for filing a complaint that closely mirrored one previously lodged by other Puerto Rican municipalities. Efron, representing San Juan, adopted much of the language and legal theory from the earlier action—leading the judge to denounce the submission as an “astonishing example of plagiarism in the legal profession.”
But this raises a deeper question: Can there be plagiarism in pleadings?
In law school, originality matters. But in litigation, especially within a common law system, lawyers are expected to build on precedent—substantively and procedurally. Using model pleadings or adapting language from other cases is common practice, especially when the claims, defendants, and legal theories align.
The real concern here isn’t copying—it’s carelessness. The problem was not that Efron borrowed structure and argument, but that he allegedly failed to adapt it to the specific circumstances of his client. References to unrelated parties and class actions remained in the complaint, suggesting insufficient diligence rather than deliberate deception.
Critics of the court’s approach point out that publicly filed complaints are not protected intellectual property. Rule 11 requires that lawyers certify their filings are factually and legally sound—not that they be bespoke literary works. If the borrowed language is accurate, relevant, and responsibly applied, there’s no ethical breach in using it.
This case also raises timely implications for legal tech. Generative AI tools are already assisting lawyers by repurposing precedent-based structures and arguments. If courts begin framing such reuse as “plagiarism,” we risk conflating efficiency with misconduct—discouraging innovation and reinforcing inefficiencies.
The takeaway? Reuse is not the problem. Failing to tailor pleadings to the client’s facts and procedural context is. Let’s keep the focus on competence, candour, and diligence—not style points.
Source: Above the Law
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