Can a self-represented litigant reuse my lawyer’s filings in their own frivolous case?

Seeking Advice
1

Hypothetically, I’m being sued for contempt in Massachusetts by a vexatious litigant who has filed numerous unsuccessful motions against me. This person has been flagged as a vexatious litigant and must now seek court permission before filing new motions. They are self-representing after their lawyers withdrew.

If I hired a lawyer to draft a response to their frivolous filings, and the opposing party copied my lawyer’s document, changing only a few words, could that be allowed? Would they face consequences for essentially plagiarizing the work my attorney prepared? Particularly if they lack evidence for their contempt claims?

2

Attorneys often use templates, so it’s not unusual for them to adapt existing documents. If they’re filing frivolous motions, you might be able to pursue attorney fees from them.

3

You could charge them for using your work product and make it clear that you won’t respond until they pay your bill.

4

If they copy your discovery request, it’s generally not illegal. The court won’t likely care unless their motives are clearly frivolous.

5

Plagiarism in legal documents isn’t the same as in academia. Legal documents are often adapted from templates, so this behavior may not violate any laws.

6

I understand that legal documents are often reused. However, I worry that this pattern of duplicating requests without merit could be viewed as frivolous by the court. I plan to ask my attorney to highlight their lack of substance and seek relief to avoid further harassment.