In all types of legal writing, whether by scholars or by practitioners, it is necessary to document the source works (or authorities) that underpin particular concepts, positions, propositions and arguments with citations. These citations serve a number of purposes. The most concise and lucid description of these purposes is included in the ALWD Citation Manual, by Darby Dickerson and the Association of Legal Writing Directors, summarized here:
- Help readers identify and relocate the source work.
Readers often want to relocate a work you have cited, either to verify the information, or to learn more about issues and topics addressed by the work. It is important that readers should be able to relocate your source works easily and efficiently from the information included in your citations (see the “Citation Structure” topic on the following page for details), in the sources available to them - which may or may not be the same as the sources available to you .
- Indicate the weight and persuasiveness of a source.
A citation should indicate the strength of the contribution a source work makes to your argument. Case citations, for instance, should assist readers in determining whether the court must follow this case. Readers should also be able to make other judgments about the cited authority, such as who the author is, the level of court deciding a specific case, how old the authority is, and whether the authority is still good law.
- Convey the type and degree of support for an argument or theory.
Signals used with your citations should tell your readers whether the authority provides direct support for a proposition, contradicts your position, or provides a parallel situation that sheds light on your discussion.
- Provide evidence that the argument and position is well-researched
Traditionally, legal writing is grounded in prior research. Citations allow you to demonstrate that your position is thoroughly researched and that you have referenced, or addressed the critical authorities relevant to the issues.
- Give credit to the author of an original concept or theory presented.
Giving proper attribution to those whose thoughts, words, and ideas you use is an important concept in legal writing and legal citation.
For these reasons, it is important to adopt habits of collecting the bibliographic information on source works necessary for correct citations in an organized and thorough manner.
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1. Darby Dickerson & the Association of Legal Writing Directors,
ALWD Citation Manual 3-4 (Aspen L. & Bus. 2000).
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