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Most times for me. I do complex lit and it’s always pretty different (and, if nothing else, in different jurisdictions, which requires changing the citations).
Same. Rare to be able to use a sample.
I recently demurred to a pro se plaintiff’s complaint. All the wacky you’d expect from a pro se plaintiff. Short demurrer, but had to build it brick by brick. Kind of refreshing- made me feel less like a machine playing mad libs with other people’s or my past motions.
I could typically pull the basic legal standards and rules from a prior brief, but that was usually it. Luckily I was just editing rather than drafting by the time I finished in private practice.
And yes, pro se complaints can be quite out there. I remember reading one once alleging that Presidents Clinton and Carter were involved in trading slaves so their skin could be harvested and sold to aliens (like the ET kind).
Rip from my own briefs? Rarely, I see different issues from case to case. Rip from other biglaw firms who won on similar facts in front of my judge? Every time I get a chance.
Too often.
To me there is always a base somewhere to start with. Then it has to be very carefully tailored to fit the situation. Same goes for corporate documents.
If only that was remotely accurate.
Pretty often. As others said, can take the legal standard from somewhere else but that’s about it.
Maybe every other month... something nuanced.
I have a bank of stuff I have used before. I do consumer collections, so my motion for summary judgment and motion for default judgment are virtually the same every time. It's just when people push back that I will have to draft something. Even then, I have a lot of tried and true law that generally carries the day.
I look at cases that deal with the issue and the briefs filed in that docket
Pretty much always except for the legal standard
Like C1, most of the time. I also do complex cases, resulting in some pretty novel issues, and ten years in, I delegate a lot more especially the simpler stuff. Even when there is a good exemplar, a lot of the motions are too important or fact-sensitive to copy too much, and still require a lot of original work.
I usually have other people do that 😂