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Bluebook New Year's Resolutions

1. Compile firm/attorney citation conventions that vary from the Bluebook and local rules, e.g. use parallel citations?

2. Compile a knowledge base/repository of firm Bluebook questions/answers

3. Have quarterly/monthly Bluebook ‘lunch and learns’ for staff to discuss challenges and questions (should include at least novice and advanced staff; could include attorneys)

4. Have a person known to staff as a resource on Bluebook questions (with no consequences for asking questions)

5. Reinforce to attorneys that good cite checking requires ample time to complete

6. On important projects, have a second cite checker review before filing

7. “Spot check” cite checks after filing (give feedback in a constructive way)

8. Have all staff doing briefs as soon as possible (too often briefs go only to experienced staff; novice staff never has a chance to learn)

9. Conduct formal training for staff both at hire

10. Conduct refresher formal training for staff annually

Local Rules over the Bluebook

Never a model of clarity, the Bluebook endorses the logical principle that its own rules are trumped by local citation rules. Explicitly recognizing that “[m]any courts have their own rules of citation that differ in some respects from The Bluebook,” the Bluebook instructs us to “[m]ake sure to abide by any citation requirements of the court to which you are submitting your documents.” These “jurisdiction-specific citation rules” are set forth in Table BT2. The Bluebook goes the extra step in cautioning practitioners “to check the most recent version of local rules on official court websites” to ensure accuracy.

To those of us who were taught that the Bluebook is definitive and infallible, it is surprising that the Bluebook is instructing lawyers to consult courts directly rather than relying exclusively on Bluebook rules. Simply put, the Bluebook seems to be chipping away at its centrality in citing sources, and even at its raison d’etre. At the same time, this step is logical; if courts demand adherence to their own local rules, then lawyers obviously follow them. After all, the courts—not the Bluebook—accept, review, and render decisions on these papers. While the Bluebook has taken strides in making itself accessible electronically, we wonder if its hegemony may be waning, especially since courts’ local citation rules are increasingly available on-line.

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