Category Archives: Law Practice

Citation form: The Tyranny of the Inconsequential

I wrote about this before, in 2006, but here I go again.

“Mastering the arcana of citation forms . . . is not a productive use of judges’ or law clerks’ time. The purpose of citations is to assist researchers in identifying and finding the sources; a form of citation that will serve that end is sufficient. In addition, the form of citation should be consistent to avoid the appearance of lack of craftsmanship and care.”

Judicial Writing Manual 24 (Fed. Jud. Ctr. 1991).

I agree with this quotation entirely. But it doesn’t reflect reality. Lawyers, especially judicial clerks, will judge you by your citation form, as inconsequential as it may be.

I call it the tyranny of the inconsequential.

Before I offer 3 exhibits to support my point, let me be clear: I’m talking only about citation form, not citation substance. For example, in a case citation, if the case name is wrong, if the page number is wrong, if the year is wrong—that’s a problem. Those are substantive mistakes. I’m talking about form.

For example:

  • Whether you leave a space between F. and Supp.
  • Whether you use “and” or “&”
  • Whether you spell out “Gender” or abbreviate it “Gend.”
  • Whether you carry out 3 digits (343-344) or 2 digits (343-44)

These matters of form are not substantively relevant, I say. They shouldn’t matter, but they do.

Why?

  • Because citation form is a wrong-or-right matter, without subjectivity, it’s an easy proxy for assessing the caliber of a piece of writing.
  • Because you create citation forms by consulting an authority (a citation manual) and applying rules, it’s sort of like legal analysis.
  • Because most lawyers consider themselves nitpickers and strong writers, the weight given to citation-form errors is exaggerated.

Exhibit A: A senior attorney threatens to withhold an offer from a summer associate because her citation form is poor. In reality she is simply using ALWD Manual citation form and the “mistakes” are just different abbreviations, like Assn. vs. Ass’n.

Exhibit B: A students reports that “being on law review improved my writing” but when asked to specify says, “because it helped me master citation form.”

Exhibit C: A judge says, “if the writer made a mistake in citation form, then the writer probably made other, substantive mistakes.”

Improving your writing throughout your career, part 7

Part 7 of 7—Accept critique

Now here’s the hardest part: seek and welcome critiques and candid suggestions for improving your writing. This one’s tough because it’s natural to be defensive about your writing—maybe even insecure. I know I am. But when I avoid critiques, I don’t improve much. I rest on a plateau.

So open yourself up to honest critique. Find a trusted colleague, friend, or supervisor, someone whose judgment and writing you respect. Then ask for suggestions and take them to heart.

The best writers are open to critique.

Good luck.

Improving your writing throughout your career, part 6

Part 6 of 7—Edit better

We all understand that editing is a crucial part of the writing process. Most of us (and don’t assume you’re the exception) can’t produce high-quality writing in one draft (or even two). We must edit, and here are two suggestions for doing it better.

First, leave plenty of time, even though it’ll be hard to do. One expert on legal writing, Bryan Garner, has acknowledged that “the modern practice of law does not tolerate the type of revisory process necessary to produce a polished product.” Garner’s Dictionary of Legal Usage 533 (3d ed. 2011). That may be true, but you should still try to give yourself more time to edit. How much time? One pro recommends half the time on a writing project. Debra Hart May, Proofreading Plain and Simple 46 (1997). Can you afford that? Can your clients? It’s up to you, but more editing means better writing.

Second, use more than one technique when editing:

Do you edit on the computer screen?

  • That’s fine, but it’s not enough. Do some editing on a hard copy, too; we read and react differently to screen text and printed text.

Do you read the text out loud?

  • That’s great: you’re using your ears, not just your eyes, to help you edit. Now go further and have a trusted colleague read it and suggest some edits.

Do you read the document in reverse, from the last sentence to the first?

  • Good. This technique tricks your mind, so you’re not familiar with the text; familiarity leads to poor editing. Now read only the topic sentences. Next read the opening and closing paragraphs.

Mediocre writing becomes good writing only through editing.

Next: Accept critique

Improving your writing throughout your career, part 5

Part 5 of 7Practice what you learn

You’re reading about writing and you’re consulting writing references. You’re becoming an informed legal writer. Now practice what you’re learning.

Of course, for any working lawyer, writing practice is part of the job: you’re writing all the time. Yet we all tend to rest on plateaus—we write in the same way we always have, with the same habits, the same mistakes. That’s why studying writing is so important. Practice without study is usually just repetition. So experiment with things you’re learning. Try new techniques and master new approaches to writing.

Through study and practice, you’ll become a better editor of your own work.

Next: Edit better

Improving your writing throughout your career, part 4

Part 4 of 7—Read the best books

If you’re really serious about improving, you’ll have to do more than consult references. You’ll have to study the principles of good writing and good legal writing. But how, when you’re busy?

Set a goal to read one book on writing every year. One per year. You can do that, right?

There are lots of good books on legal writing out there, and here are some I like:

These books are great sources of legal-writing knowledge, and they’re also well written. That’s why:

Reading the best books teaches you writing and exposes you to good writing.

Next: Practice what you learn