Free Legal Writing Course
Legal Authorities and Citations
- Know the weight of authority - Determine if a source is a mandatory binding authority or persuasive authority based on jurisdiction and court level. Bindingly authorities must be followed.
- Distinguish and analogize cases - Compare the facts and principles of cited cases to the current case. Explain why your case should follow or diverge from the outcomes of cited cases.
- Check if authorities are still good law - Verify that cited authorities have not been overruled or abrogated using Shepards or KeyCite. Relying on bad law hurts credibility.
- Quote accurately - When quoting language from cases or statutes, ensure quotes are verbatim and not paraphrased.
- Use parentheticals judiciously - Use parentheses to indicate whether a cite supports the proposition directly or by analogy or comparison. But don't overuse parentheticals.
- Apply consistent citation format - Stick to Bluebook, ALWD or another established citation manual throughout the document for consistency.
- Edit citations meticulously - Closely proofread the caption, vendor-neutral citation, reporter citation, and parentheticals of each citation.
- Avoid lengthy string citations - Generally string together no more than 3-4 citations in a string citation to the same proposition.
Proper use of relevant authorities and citation format is crucial for legal writing credibility and effectiveness.
