Plagiarism in Legal Drafting: Ethical Boundaries and Consequences
Judicial Plagiarism: Analyzing Legal Precedents and Originality

"If you steal from one author, it's plagiarism; if you steal from many, it's research." – Wilson Mizner.
"Originality is nothing but judicious plagiarism." – Voltaire.

Q. Recently, there was a news item "Singapore court sets aside 'copied, pasted' arbitral award by ex-CJI. " Out of the 451 paragraphs in the Award, it was undisputed that at least 212 paragraphs were copied and pasted from the Parallel awards", states the report. Now, quoting verbatim extensively from the earlier judgments as precedence, is the usual format of the SC judgments. Previously they used to be identified from the indexed journal and typed by the steno in the dictated judgment.

Now it is done with the help of AI. Since retyping them is unnecessary they are copy pasted and formatted. If they are subjected to plagiarism detection tool of AI, it will return an analysis 70-90 percent plagiarized, para, sentences and terms, and the source they have been lifted from. Now what renders these judgments not plagiarized?

AI. > You've raised a fascinating point about the intersection of legal practices and technology. In the judicial context, quoting extensively from previous judgments or established precedents is not considered plagiarism for several reasons:

1. Legal Precedents Are Public Domain: In law, precedents serve as foundational materials to ensure consistency and adherence to established principles. These are considered public domain and meant to be referenced, cited, and utilized by legal professionals, including judges and arbitrators. They are not protected by copyright in the same way as other forms of written works, which allows their reuse without concerns of plagiarism.
2. Proper Attribution: Judges typically cite the source of their quotations or references, indicating where the material originated. This act of attribution differentiates referencing from plagiarism, which is characterized by presenting someone else's work as one's own without acknowledgment.
3. Judicial Practice and Format: Legal judgments inherently rely on the repetition and reinforcement of established principles and rulings. The use of identical language from past cases isn't an oversight but a deliberate practice to convey the exact legal meaning. The focus isn't on originality of language but on accuracy and consistency of legal reasoning.
4. Context and Purpose: Plagiarism detection tools assess text similarity without consideration of the context or purpose of the reuse. In legal writing, the reuse of language is intentional and serves a specific function—to uphold the integrity of legal doctrine.
   
   That said, in cases like the one mentioned in Singapore's arbitration, the concern arises when copying and pasting are excessive and poorly justified. It undermines the credibility of the judgment or award and raises doubts about its thoroughness and originality.

Does this align with your thoughts? It's intriguing how technology is reshaping even traditional practices like legal drafting.
Q. How are AI tools changing legal writing practices? AI. > AI tools are revolutionizing legal writing practices in several impactful ways:

1. Enhanced Legal Research: AI-powered tools streamline legal research by quickly identifying relevant case law, statutes, and precedents. Natural Language Processing (NLP) allows for intuitive search queries, saving time and improving accuracy.
2. Document Drafting and Review: AI can assist in drafting legal documents like contracts, briefs, and settlement agreements. These tools can also review documents for inconsistencies, errors, or potential risks, ensuring compliance with legal standards.
3. Predictive Analytics: By analyzing historical legal data, AI can predict case outcomes, helping lawyers develop more informed litigation strategies.
4. Automation of Routine Tasks: Tasks like billing, timekeeping, and document formatting can be automated, allowing legal professionals to focus on higher-value work.
5. Client Interaction: AI chatbots and virtual assistants handle routine client inquiries, providing basic legal information and freeing up lawyers for complex tasks.
6. Improved Accessibility: AI tools make legal resources more affordable and accessible, benefiting individuals who might otherwise lack representation.

While these advancements enhance efficiency and reduce costs, they also raise ethical concerns, such as algorithmic bias and confidentiality risks. The legal industry is adapting to balance these benefits with potential challenges.
Q. What are the ethical concerns with using AI in legal writing? AI. > The integration of AI into legal writing brings significant benefits but also raises several ethical concerns:

1. Confidentiality and Data Privacy: Legal documents often involve sensitive information, and AI systems need access to this data to function effectively. Ensuring that data is securely handled and not improperly exposed or stored is a critical ethical responsibility.
2. Bias in AI Algorithms: AI tools can unintentionally perpetuate biases in legal analysis or drafting due to the biases inherent in their training data. This raises concerns about fairness and impartiality in legal practice.
3. Accountability and Responsibility: Using AI in legal writing can blur the lines of responsibility. Who is accountable for errors or oversights in AI-generated content—the legal professional, the AI developer, or both?
4. Quality and Dependence: While AI enhances efficiency, over-reliance on it might reduce the critical thinking and meticulous attention to detail traditionally required in legal writing.
5. Unauthorized Practice of Law: AI tools could inadvertently cross into providing legal advice, which is restricted to licensed legal professionals in many jurisdictions. This might challenge the ethical boundaries between assistance and practice.
6. Transparency: AI tools might produce outputs without adequately disclosing their methodology, raising concerns about the legitimacy and trustworthiness of the content.

These concerns highlight the importance of establishing ethical guidelines and regulatory oversight for AI in legal practices. It's a fascinating field where technology and ethics intersect—what's your perspective on how we can address these challenges?
Q. When I use the same public domain information of judgments for writing an article, it is rejected as extensively plagiarized, more than permissible 30 percent? Why? AI. The rejection of your article as extensively plagiarized arises from how plagiarism is defined and assessed in the context of academic or professional writing, which differs significantly from the legal domain.

Here's why this happens:

1. Purpose of Legal Writing vs. Articles: In legal judgments, the purpose is to uphold established legal principles, which inherently involves citing and reusing language from precedents. On the other hand, articles are expected to present original analysis or perspectives, even when referring to public domain information.
2. Plagiarism Detection Standards: Tools that detect plagiarism rely on algorithms to identify similarities in text without context. For articles, extensive verbatim quoting from public domain sources like judgments is flagged as plagiarism because the content is expected to be unique. Legal judgments, however, are exempt from this criterion because repeating language is integral to their function.
3. Citation Practices: In academic or journalistic writing, proper attribution and paraphrasing are required to differentiate the author's voice from the quoted material. Directly copying and pasting without significant analysis or reformulation can lead to rejection, even if the sources are in the public domain.
4. Permissible Limits: Publishers or institutions often set thresholds for permissible levels of similarity, such as 30%. If your article heavily relies on quoting judgments without offering substantial original content or insights, it can surpass these limits.

To avoid such issues, you might consider rephrasing the content, offering a unique interpretation, or focusing on the implications of the judgments rather than quoting extensively. Does this shed light on the situation? It's a subtle but important difference in writing norms.
Q. I put my original text for paraphrasing on AI and then use the paraphrased version as such for my article - does the piece become plagiarized?
AI. Using AI to paraphrase your original text introduces some complexities regarding plagiarism. Here's how it works:

1. Originality of Ideas: If the core ideas are your own and the paraphrased text accurately reflects them, the content remains fundamentally yours. However, it's important to ensure that the AI-generated paraphrased text doesn't inadvertently duplicate language or phrasing from existing sources.
2. Plagiarism Detection Tools: These tools assess textual similarity without evaluating the originality of ideas. If the AI introduces phrases or structures that are similar to previously published content, this could be flagged as plagiarism, even if your intent was to produce original work.
3. Attribution Practices: Using AI as a tool to paraphrase your work doesn't change the ownership of the ideas, but transparency is key. Mentioning that AI-assisted paraphrasing was used may be expected in some academic or professional settings.
4. Ethical Considerations: While AI can be helpful for refining your writing, it's important to review the paraphrased text critically and ensure it aligns with your voice, intentions, and ethical standards.
   

In summary, the article likely wouldn't be considered plagiarized as long as the ideas and input originated from you, and the final product doesn't replicate existing external sources verbatim or too closely. It's always a good idea to run the text through plagiarism detection tools to be sure and make any necessary adjustments.
Does this align with how you're approaching your writing process? Q. I understand there are AI tools available to help de-plagiarize the text? How is it done?
AI. Yes, there are AI tools designed to help "de-plagiarize" text by rephrasing or paraphrasing it while retaining the original meaning. Here's how they typically work:

1. Input Text: You provide the text that needs to be rephrased. This could be a paragraph, an article, or any other written content.
2. Language Model Processing: The AI tool uses advanced language models to analyze the structure, grammar, and vocabulary of the input text. It identifies key ideas and concepts.
3. Rewriting: The tool generates a rewritten version of the text by altering sentence structures, replacing words with synonyms, and rephrasing phrases. The goal is to make the text unique while preserving its original meaning.
4. Output Review: The rewritten text is presented to you for review. Some tools allow you to adjust the tone, style, or level of formality to better suit your needs.
5. Plagiarism Check: Many tools include a built-in plagiarism checker to ensure the rewritten text is sufficiently unique and won't be flagged by plagiarism detection software.

These tools are commonly used for academic writing, content creation, and SEO purposes. However, it's important to use them ethically and ensure that the final content aligns with your voice and intentions.
Q. Yes please
AI. Here are some AI tools that can help you refine and "de-plagiarize" text:

1. Ahrefs Paraphrasing Tool: This tool allows you to rephrase and reword text for essays, articles, and more. It ensures the original meaning is preserved while generating unique content.
2. Smodin AI Detection Remover: This tool is designed to rewrite text and bypass AI content detectors. It humanizes your content, making it sound natural and authentic.
3. Ahrefs Paragraph Rewriter: This tool focuses on improving readability and rewriting paragraphs to make them sound more human-like. It's great for enhancing clarity and structure.

These tools can be helpful for creating unique content while maintaining the integrity of your ideas. Let me know if you'd like more details about any of them!

Written By: Dr. Shri Gopal Kabra
MBBS, LLB, MSc, MS(Anatomy), MS(Surgery)
Email: kabrasg@hotmail.com Mobile: 8003516198