Sunday, 30 April 2006
Literary References
Wayne Scheiss at Legalwriting.net has an entry this week on literary references in brief-writing. He writes --- and I completely agree – that
These kinds of references run the risk of--
* being lost on the reader: the reader doesn't get the reference * alienating the reader: the reader views the author as arrogant or stuffy * offending the reader: the reader is not a fan of Shakespeare or is not a Bible believer

For me, those are enough reasons to avoid Shakespearean and Biblical references in my writing.
Wayne, however, posits another option, presented by the great Charles Alan Wright:
But there is another approach. Professor Charles Alan Wright suggested that literary allusions are acceptable as long as the text is intelligible even if the reader doesn't get the reference. Charles Alan Wright, Literary Allusion in Legal Writing: The Haynsworth-Wright Letters, 1 Scribes J. Legal Writing 1, 4 (1990).

I would add that, if you are not sure if you meet Professor Wright’s test, delete the literary reference.
The same test applies to references to music lyrics. Here is a site with a searchable database of rock lyrics. In the right situation with a very cool judge, a quote from this database may be just what your brief needs.
Posted on 3:57 AM by Susan McDonald
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