In legal writing, we use lead-ins to introduce the reader to our quotations. Outgrow stereotyped, bare lead-ins like these:
· As Oputa JSC stated, “…”
· The statute provides, “…”
· The Supreme Court held, “…”
· According to Ben Nwabueze, “…”
Prefer informative lead-ins. Tailor your lead-in to the quotation. “Say something specific. Assert something. Then let the quotation support what you’ve said.” Especially but not exclusively with block and long quotations, “evoke the gist of the quotation in the lead-in,” like these:
· Oputa JSC restated the 4 criteria an applicant must meet for the grant of an interlocutory injunction: “…”
· The statute restricts relief to contexts in which the petitioner has supplied proof of consistent use: “…”
· The Supreme Court pointed out the exceptions to the no-liability-without-damage rule: “…”
· Ben Nwabueze argues that Nigeria’s constitutional bill of rights incorporates freedom of private enterprise: “…”
Lead-ins like these show that you understand the authority you’re about to quote. It shows professional responsibility, diligence, and respect for the reader. It’s also a smart rhetorical device. “[T]he lead-in becomes an assertion, and the quotation becomes the support.” In your lead-in, don’t exaggerate or mischaracterize the forthcoming quote, as that would earn you a backlash from the reader who’ll thence view you with suspicion.
When the context and syntax permit, an upshot can be the best lead-in. An upshot not only precedes the quotation but also paraphrases or summarizes its meaning. With an upshot, you first say in your own words what the quotation will say, and then you quote.
Distinguished legal-writing scholar Judge Mark Painter says you should “lead “into the quote with your paraphrase of what the quote says.” (That’s an upshot right there.) Then quote. “The reader will actually read it to see if you are telling the truth.” Here’s an example:
The Anambra State High Court has held that a private claimant can sue for a public nuisance without the attorney general’s fiat. In Asuzu v Governor of Anambra State, Nwoye J. stated that “when a public nuisance causes more harm to a person than is occasioned to the public, that person can sue. And he or she doesn’t need the Attorney-General’s permission to do so.”
That issue belongs in tort.
Interestingly, a private person can now prosecute a crime in Anambra without the attorney general’s fiat. Relying on section 301 of the Anambra State Administration of Criminal Justice Law, the Supreme Court upheld the right of a private prosecutor in Anambra State.
The upshot method of introducing quotations “has the benefit not only of ensuring that the quotation is read, but also of enhancing the writer’s credibility.”
To punctuate a lead-in, follow these steps. If the lead-in can grammatically stand alone as a sentence, end it with a colon, then quote. (In some cases, you may prefer a period to a colon.)
The Kaduna State High Court explained the statutory procedure for challenging failure of party democracy: “The claimant must set out …”
The Kaduna State High Court explained the statutory procedure for challenging failure of party democracy. “The claimant must set out …”
If the lead-in isn’t grammatically viable as a sentence, isn’t woven in, and the quotation is short, end the lead-in with a comma, then quote.
In explaining the statutory procedure for challenging failure of party democracy, Bello J. said, “The claimant must …”
If the lead-in weaves into the quotation (that is, if the lead-in and the [first clause, phrase, or sentence of the] quotation can be read together as one sentence), don’t insert any punctuation. That is, when the lead-in “moves seamlessly into the quoted material,” don’t punctuate right after the lead-in.
WRITE
Pinnel’s Case is authority for the proposition that “a creditor’s promise to forgo part of a debt must be supported by fresh consideration from the debtor.”
NOTPinnel’s Case is authority for the proposition that, “a creditor’s promise to forgo part of a debt must be supported by fresh consideration from the debtor.”
A direct weave makes the quotation part of your sentence, often using a smaller portion of the quoted passage. Instead of quoting “As the State failed to prove intent, I dismiss the case,” you write, The Onitsha High Court dismissed the prosecution because “the State failed to prove intent.”
An indirect weave uses a preceding comma to connect an introductory clause to a quotation. Instead of quoting “As the State failed to prove intent, I dismiss the case,” you write, Maduechesi J. of the Onitsha High Court concluded, “As the State failed to prove intent, I dismiss the case.”
When you interrupt a quotation with a source-identifying phrase or any other phrase, surround the phrase with commas. Commas and periods stay inside the quotation marks.
“As the State failed to prove intent,” held Maduechesi J., “I dismiss the case.”
Minimize this style in legal writing; it’s more appropriate in literary and journalistic work.
Chinua Asuzu, Brief-Writing Master Plan (Partridge, 2022), 469–473.
