To QUOTE OR NOT TO QUOTE: MAKING THE CASE FOR TEACHING LAW STUDENTS THE ART OF EFFECTIVE QUOTATION IN LEGAL MEMORANDA MAUREEN JOHNSON* I. II.
III.
...... 284 ..................................... INTRODUCTION HISTORICAL BACKGROUND VERSUS PRESENT DAY: THE DRASTIC DIFFERENCE BETWEEN How BRIEFS WERE WRITTEN IN DAYS OF OLD AND How BRIEFS ARE WRITTEN 286 .................................................... Now IF IT AIN'T BROKE, DON'T Fix IT: UNDERSTANDING THE REASONS LEGAL WRITING PROFESSORS TYPICALLY Do NOT TEACH EFFECTIVE QUOTATION AS PART OF THEIR LEGAL 293 .................................... WRITING CURRICULUM
A.
Cause Number One: The Textbooks Availablefor First-
Year Writing Courses Uniformly Direct that Students Do Not Use Quotes, or Do So Only "Sparingly ..
B. C. IV.
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Cause Number Two: Poor Use of Quotes Disrupts the Flow of a Briefand Can Signal that the Writer Is Lazy ......... 296 Cause Number Three: There Is a Dearth ofAuthority ExplainingHow to Teach Effective Quotation to Law 298 Students or JuniorPractitioners....................
THE TRICK TO TEACHING AND LEARNING EFFECTIVE QUOTATION: DECONSTRUCT. DECONSTRUCT. DECONSTRUCT...... 299
A. B. C.
The Battle of the Briefs: Learningfrom the Best of .............. 300 ........................... the Best Find Your FavoriteLaw Firm, Find Your Favorite Brief Masteringthe Maze of the Online Databasesto Find Stellar Trial Court or Appellate Briefs....................... 301 Potpourri:Specific Techniques and Exercises Promoting ..... 302 ........................ Effective Quotation 302 1. The Merged Quote...........................
Maureen Johnson is an Associate Clinical Professor at Loyola Law School, Los * Angeles. Prior to beginning teaching, the author practiced law at Mayer Brown LLP and Kaye Scholer LLP. The author would like to thank all of her colleagues in the skills department at Loyola Law School, Los Angeles, particularly including Assistant Dean Jean Boylan, Director of Legal Writing and Lawyering Skills Professor Cindy Archer, Professor Susan Bakhshian, Professor Robert Brain, and Adjunct Professor Stephanie Williams.
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