I knew that the "great people" we applaud and award prizes and awards and recognition to all stand on the shoulders of those who have come before them, either in public or behind the scenes. It's inevitable, eventually someone will get the recognition that they may not fully deserve. But it's shocking to the sense of ethics and justice to witness people take complete and full recognition for the works of others (especially for someone who listed "justice" as a passion in her high school senior graduation survey, among other things, that was quoted by the guidance counsellor's speach).
Plagarism is the worst evil in academics and, as someone who is a member of a very "academic" and "intellectual" profession such as law, I see plagarism to be the most offensive and cowardly act of anyone who has gone through the rigors of a formal legal education. One example of plagarism that one of my undergraduate professors have relayed to me is when a daughter and a current student submitted a paper that her mother had written. This act would have gone unnoticed except that the paper was submitted to the very same professor who read it the first time it was submitted. Yes, crazy idea, but it's happened in real life and that was described to me as plagarism. Both the mother and daughter were shamed, the dauther for plagarising, and the mother for permitting it and being a poor example to her daughter.
Now, you say that would never happen, right? Think again. It's happened. To me this very week. And it's demoralizing and I have lost respect for the partners I work for. Yes. I said it. If they happen upon this post and decide to fire me for defaming them, then 1) I have not named them so it'll be their guilt that turns them in, and 2) it's not defamation if it's true. Check the defition, assholes.
The legal profession, however different from the American legal education (here, I should correct myself and say the United State of America's Juris Doctorate program of study), is highly collaborative. Yes, there are solo lawyers and solo practicioners, but even they help each other out and cover for each other in court. I've seen it happen. But in a larger firm structure, to make sure there is no mistake uncaught, there are several pairs of eyes and several sets of brains all working on court filings and cases and deals. It's a wonder why JD students are prevented from collaboration in our first year legal writing memos and briefs, but that's a different discussion for a different day. So yes, there is plagarism to a degree in that the same stock motions and complaints and requests for arbitration and whatnot gets recycled with the new facts and perhaps the new case law (if someone does the additional research). That's firm property and part of the collaborative effort. Okay, fine. I've even drafted simple legal documents and power of attorneys using great examples of those that saved their work to the document management system, when I was a paralegal and was widely praised for my abilities to merge several great examples into one that is appropriate for our purposes.
That doesn't mean that anyone is off the hook for giving credit where it's due. Yes, the whole world jokes (only half jokingly) that lawyers are a dishonest, scumbag bunch. But I take the 2 oaths to be an ethical officer of the courts of Illinois and Georgia quite seriously. When I was a prosecutor and took that oath, I reminded myself of it as I made decisions on cases and even looked up the Brady case to make sure what I was doing wasn't violating someone else's rights. Ethics matter to me, and call me naive, but it should matter to everyone. If it didn't, why the charades? Everyone pretends to be ethical and upstanding and only those who play that facade well get to be respected.
Sharing of ideas, formats of court filings and boilerplate contract provisions, etc is undeniably distinct from a collection of information and research written for publication. The reason why professors at research universities are pressured to publish is because it is a way of showing that they are trustworthy sources of academic theories and they have done the work. It's a way of showing the work, to put it in math class terms. So it shows the world and the school administrators that the professor is good enough to teach the students that enroll at the school, and that the professor is deserving of the tenure track position, the office space and the honor they are receiving. BUT, if those ideas are all stolen, aka, plagarized, then it's all a sham, no? That professor is not only undeserving of the honor, the tenured position, the salary and the right to teach young minds as a member of that institution, but also is a thief and undesrving of respect from the academic community and their students and society in general.
In simpler words, you not only lose the recognition you unjustly and unethically held, but you also are debased even lower than if you had never had that recognition, because of your despicable actions.
So recap, we've established that 1) Plagarism is lowly, dispicable and unethical, 2) one form of plagarism is ursurping credit unfairly, 3) ethics is important, and 4) members of the legal community should be upstanding and ethical or at least those qualities are seen as a necessary component to gain respect.
With those 4 things in mind, consider what has happened. Two associates work tirelessly to complete the very difficult task of researching, gathering, digesting and regurgitating an area of legal practice that is still mostly unexplored. Essentially, to become experts on the topic for a moment and give fresh insight in the form of an article to be published by a publication that covers such topics across the world. Not easy, but the two associates give up their weekends with their families, to rest up from the week before and recharge their batteries and juggled their practice and participation in the religion of their choice, working into the wee hours of the night. Then two partners, one of whom put literally zero work or effort into the completed publication, and the other who gave suggestions and demanded extra research on unmentioned points, take full credit, as the only authors.
Now, they may think that the associates are paid a handsome salary. True, but compared to the hours spent on work the hourly or per diem rate is fairly low, and not even the relevant point here. If the partners believe that a simple payment of a salary is fair compesation for usurping credit from the proper parties, then that is the very definition of plagarism.
Recall that anecdote (true story, actually) I mentioned in the second paragraph,
supra. The mother gave her daughter a paper she wrote for college and the duo were caught in the act of plagarism. Now, if instead of the mother giving it to her daughter, what if the mother paid someone to write the paper for her daughter? Or, to remove the mother entirely from this scenario, what if the daughter paid a "smart nerd" who she found on line, to write that paper for her. Is the daughter in any of these variations less guilty of plagarism? No. Plagarism is taking what you did not write and pretending that it your original work. That is plagarism of the whole.
The more common forms of plagarism is when a student intentionally or unintentionally copies an idea, a theory or a sentence from another source, published or unpublished, and fails to cite the proper source, and thus fails to give credit where it's due. I have a very, very intelligent friend who made this mistake, and it was an honest mistake. She missed a cite in a final paper in college. She went before the school ethics board and was suspended for a semester. She had dreams of going to medical school that she had to give up. She spent the next seven years in limbo, not able to attend medical school, working as research assistant at various medical school programs and for doctors, until she rebuilt her history and her credibility. An honest mistake that led to unintentional plagarism had such far-reaching negative impact on a young, well-meaning scholar. I can honestly say that she is one of the most billiant minds I have ever met in my life and it pained me to move on with my life as I saw her struggle, all for a simple mistake and a cold-hearted, stickler professor. Another professor we both knew and admired even went to her ethics board hearing to speak on her behalf, to testify that my friend is an upstanding student who she knew well to be honest and ethical. Thankfully, my friend's hard work paid off and she is now a medical student and despite the delay I see an amazing, passionate surgeon emerging in a few years. I am incredibly proud of her and very happy that she didn't let that misstep trip her up for life, and I admire the fighting spirit in her.
Those are the consequences of plagarism, even when it's unintended and as simple as a typo. Now go back to the work of the two associates and the theft of recognition by two partners, who may justify it with the fact that the associates are paid a salary. How is that different from the daughter paying someone else to write a paper on her behalf. Plagarism of the whole.
I daresay that intentional, blatant plagarism of the whole is far worse than the unintended mistake of a sleep-deprived college student during finals season. And the punishment should be proprotional to the severity of the bad act, here the unethical act. My friend suffered a seven year delay in starting her dream and her career. What do the partners deserve? I'm not asking what I know they'll get, but what do they deserve? It's not about how important this article is, how big or small of an impact it will have, but I'm talking about the principle and the ease with which they plagarized, and probably have done before.
It disgusts me to know it happens. It makes me sick that it's happened to me, and I have lost all respect for these two partners and it will make it difficult for me to put out the best work possible. A demoralized spirit is difficult to revive and no amount of financial compensation (bribery) will be able to make up for it. These people suck and I hope their fraud is discovered soon.
The longer I'm here, the more I experience this place, the less I like it. My fondness for the rare hardworking and honorable people I find here grows yet my general feeling towards this work place is that it's hostile and teeming with greed, insecurities and cowards. The sad part is that those cowards and insecure assholes are the ones in charge and I see no positive future here.
A veritable den of vipers, where sooner or later, you'll be bitten.
