In written advocacy, hesitate to direct the judge to go see or see also a case or a litany of cases. When you must, offer an inducement for the literary journey. What inducement? Explanatory parentheticals.
Add explanatory parentheticals whenever you cite a case without discussing it. Summarize its “pertinent holding in one or two sentences in parenthesis.” David J. Perlman, ‘How to Write a Winning Brief: The Elements of Written Advocacy,’ The Philadelphia Lawyer (Dec. 1992).
Here’s how it works: “See also Mobil Oil Nigeria Ltd v Federal Board of Inland Revenue (1977) 1 NCLR 1 (SC), 13 (Bello JSC) (affirming the utility of the mischief rule in interpreting tax statutes).”
By the clause in parentheses, you give the judge a reason to go see the case. Begin most parentheticals with a present participle: “affirming,” “construing,” “defining,” “distinguishing,” “holding,” “interpreting,” “overruling,” “reversing,” “upholding.” etc.
Sometimes, you should include a direct quote from the precedent. Indeed, a parenthetical may consist in nothing more than a pithy quote from the precedent. When your entire parenthetical is quoted, you needn’t preface it with a participle.
Explanatory parentheticals efficiently and gently convey helpful information to the judiciary. Their grace and subtlety emit positive rhetorical vibrations to the bench.
But don’t bury your important argument in parentheticals. Parentheticals are for the facts or holdings of unimportant cases—the see-also variety. Use parentheticals to show the reader the pertinence of the cited authority to the discussion.
Narrow down your parenthetical to the point you need to highlight from the precedent, the point that helps you win, the point that’s in sync with the context and your position. Your parenthetical should instantly make it clear to the reader why you’ve cited the case.
Who are you to order a judge to “see” or “see also” anything?
By Chinua Asuzu.
Also Read:
Chinua Asuzu: Craft Arguments That Win Cases
Pinciting in Legal Writing: Making the Court’s Work Easier and Boosting Your Credibility
