Vermont Bar Journal, Vol. 40, No. 2 Winter 2016, Volume 41, No. 4 | Page 31

Failing to Use Pincites As a writing professor, when I am reading student writing there are few things that irk me more than reading a citation without a pincite. A pincite is the page number within a source that the writer is referring to.19 Judges and law clerks likely feel the same way when they are reading briefs. As one lawyer noted, “[l]aw clerks seem to be skeptical of everything lawyers say ... ”20 If you want to check whether a citation is accurate, or see the quoted material in context, you are creating a ton of work for your reader if you don’t provide the pincite. Instead of zeroing in on just one page, your www.vtbar.org reader will have to flip through the entire case. As most legal writing readers are busy people, in many situations your reader is unlikely to take the time to find the referenced page. The result may be that your reader discredits your cite, or worse, relies instead on the cites in your opponent’s briefs. Failing to Cite Facts Here’s what Judge Clyde Hamilton of the Fourth Circuit Court of Appeals had to say about that: [The importance of] appropriate citations to the [record] cannot be overemphasized. Little else makes my blood boil quicker than reading an appellate brief that lacks appropriate citations to the [record] in the statement of facts and the argument components. Apparently, the parties submitting these briefs are under the serious misimpression that appellate judges have endless hours to spend combing the [record] in an effort to match up scattered pieces of evidence with a party’s unreferenced factual assertions. Making Your Writing Out of Cite en in the text.”15 You should especially use an explanatory parenthetical when “the relevance of a cited authority might not otherwise be clear to the reader.”16 Parentheticals should begin with lowercase present participial phrases (“ing” words) like “noting,” “holding,” “finding,” “citing,” “distinguishing.” You can also use a parenthetical to include a direct quote from the authority you are citing. If you quote a full sentence, “it should begin with a capital letter and include appropriate closing punctuation.”17 Importantly, “[l]aw clerks say they like direct quotations [in an explanatory parenthetical] because it shows exactly what the court states and not just your interpretation of what you wish it said.”18 Judge Hamilton doesn’t like when writers don’t cite the record; no one does. Citations to the record are covered in Bluebook Rules 10.3 and 10.4. Don’t forget to include the page as well as the line when citing to depositions and trial transcripts. Law clerks THE VERMONT BAR JOURNAL • WINTER 2016 31