Inviting readers to read, not skip, your quotations

Legal writers often need to use quotations in persuasive documents. Quoting a reliable source adds credibility to your assertions and can relieve the reader of independently checking a source. In this column I’ll discuss a technique for formally introducing quotations that can enhance persuasive force and invite readers to read the quotation—not skip it.

But first, two caveats: (1) Legal writing requires scrupulous honesty and care in quoting; misquoting a source, intentionally or accidentally, harms your credibility. (2) Legal writers should avoid over-quoting; use quotations for crucial legal language or to clinch a key point. Otherwise, paraphrase.

And this post isn’t about incorporating a quotation into your own textual sentence, like these examples:

• The relevant statute states, “[a]ny taxpayer who paid the sales tax has standing to sue for a refund.” [citation]
• The relevant statute provides that “[a]ny taxpayer who paid the sales tax has standing to sue for a refund.” [citation]

Instead, I’ll address a formal lead-in to a quotation.

A common and traditional way to introduce a quotation is to use a lead-in statement and a colon, like these:

• The court stated as follows:
• The statute provides the following:
• The hearing officer made the following ruling:

These forms are adequate but average. In their place, I recommend introducing the quotation with what we might call an informative or persuasive lead-in by asserting a point the quotation will prove. So don’t write this:

• The relevant statute provides authorization as follows: “Any taxpayer who paid the sales tax has standing to sue for a refund.” [citation]

Instead, introduce the quotation by asserting a point the quotation will clinch, like this:

• The Tax Code affirms Granger’s right to sue for a refund: “Any taxpayer who paid the sales tax has standing to sue for a refund.” [citation]

The technique works for block quotations, too. We all know that readers often skip block quotations. According to Mark Hermann, author of The Curmudgeon’s Guide to Practicing Law, “you must trick the judge into learning the content of the block quotation.”[1] He recommends summarizing the quotation’s substance in the lead-in sentence. And Bryan Garner, in The Winning Brief, offers similar advice: “For every block quotation, supply an informative, eye-catching lead-in.”[2]

So instead of this average lead-in:

• The State intervened in operating Lincoln County Schools, and the Superintendent thus acted under authority of the Education Code, which states as follows:

The state board shall intervene in the operation of a school district to cause improvements to be made that will provide assurances of a thorough and efficient system of schools. Such intervention includes the authority of the state superintendent to fill positions of administrators and principals. [citation]

Try this:

• Once the State intervened in operating Lincoln County Schools, the Education Code granted the Superintendent the right to make personnel decisions for the vacant principal positions:

The state board shall intervene in the operation of a school district to cause improvements to be made that will provide assurances of a thorough and efficient system of schools. Such intervention includes the authority of the state superintendent to fill positions of administrators and principals. [citation]

The lead-in asserts a point and, to some degree, summarizes the quotation to follow. With this technique, according to Herrmann and Garner, you’ll get two payoffs. First, readers might read the block: the assertive tone of the lead-in invites them to read the quotation to see if you’re right. Second, even if readers skip the block, they still get the key content.

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[1] Mark Herrmann, The Curmudgeon’s Guide to Practicing Law 8 (2006).

[2] Bryan A. Garner, The Winning Brief 501 (3d ed. 2014).