Description
This article is from the King Hall Law
School FAQ, by David F. Prenatt, Jr. NetEsq@dcn.davis.ca.us
with numerous contributions by others.
4.1.2.9) How important are the courses in Legal Research and Legal Writing? [Rev] (King Hall Law School)
You will probably not learn much in Legal Research (a one unit
course), but don't blow it off. Legal Research is the only "easy A"
at King Hall. [Note: The structure of Legal Research changed as of
Fall 1995, so it may no longer be an "easy A."] Legal Writing, on the
other hand, is probably the most difficult and important course you
will encounter during your first year at King Hall. In Legal Writing,
you will learn the skills that you need to be a good attorney. Thus,
you should take Legal Writing very seriously, even though it is only a
two unit course.
Legal Writing is a lightning rod for most law students at King
Hall. After coming to terms with their first semester grades, law
students must then endure the harsh criticism of the TAs who proofread
Legal Writing assignments. While some people tune in faster than
others, no one is naturally skilled at legal writing. Ironically, the
best writers suffer the most because they are so defensive about their
writing abilities. However, virtually everyone will eventually
acquire legal writing skills, leaving them to confront the harsh
realities of proper citation form.
The Bluebook is the standard for legal writing citation form in
most law schools. And while it is the first place that you should
look when you have a question on citation form, it is not the final
word on the subject. Once you have determined what the Bluebook
standard is, you must then consider the very real possibility that you
are the only person who is aware of that standard (at least the only
person that counts). Even so, you must learn the rules before you can
learn the exceptions.
The Bluebook is the most poorly organized reference book that I
have yet encountered. In most instances, you must check three
different sections of the Bluebook to determine which section contains
the information that you need, with each of these sections containing
a few cryptic clues that mean little or nothing by themselves.
Accordingly, you should get your own copy of the Bluebook and
incorporate your own handwritten cross-references in it.
On the inside covers of the Bluebook, you will find the "Quick
Reference" sections. Nothing could be more of an oxymoron, and
nothing could be further from the truth (if there is a de facto quick
reference section in the Bluebook, it is the "Practitioner's Notes" on
pp. 10-19). While the Bluebook contains virtually all of the answers
to your citation form questions, you must become intimately familiar
with the entire contents of the Bluebook before the "Quick Reference"
sections mean anything to you. The best place to start this process
is on page 21, Rule 1: Structure and Use of Citations. Keep reading
until page 53.
Once you have completed reading pages 21-53 of the Bluebook (and
think that you understand them), you are ready to begin cross-
referencing Short Citation Forms (Rule 4; pp. 39-42), Abbreviations,
Numerals, and Symbols (Rule 6; pp. 46-48), and Capitalization (Rule 8;
pp. 50-52). These Rules are context specific (i.e., text vs.
footnotes; court documents vs. law review articles), and they can be
trumped by the person to whom you are submitting your work. Every
teacher, law review, law office, and court has its own idea about what
constitutes proper citation form, specifically "parallel citations."
When you find an authority that you will be citing in your legal
writing, find out what the Bluebook says about proper citation form
first. Then, compare this information with the local rules, the local
local rules, and observed practice. Bring all of this information to
the attention of the person who makes the final decision about proper
citation form (i.e., your instructor/TA, your research editor, your
boss/senior partner, or the court clerk), and ask him or her how he or
she wants it done. Be prepared to change your citation form when
someone points out a rule or custom of which you were unaware.
This process may seem tedious, but proper citation form is
essential to the intellectual integrity of any and all legal writing.
Proper abbreviations and capitalization form also demonstrate an eye
for detail, and thus inspire confidence in the abilities of the person
who is familiar with these items. Most important, however, is the
fact that proper citation form facilitates automated cite checking,
keeping your legal authorities current and freeing up your time to do
more important things.
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