Don’t Be Ugly Suck Less Through Good Typography And Document Design Why Typography Matters (from Typography for Lawyers) Why Typography Matters (from Typography for Lawyers) Communication And Reader Attention “Writing as if you have unlimited reader attention is presumptuous because readers are not doing you a personal favor. Reading your writing is not their hobby. It’s their job. And their job involves paying attention to lots of other writing. . . . “. . . [M]ost readers are looking for reasons to stop reading. Not because they’re malicious or aloof. They’re just being rational. If readers have other demands on their time, why should they pay any more attention than they absolutely must? Readers are always looking for the exit.” Matthew Butterick, Typography for Lawyers Good Typography • • • • Reinforces the goals of the text Enhances communication Holds reader attention Eases the reader’s task Bad Typography • • • • Is at odds with the goals of the text Inhibits clear communication Makes the reader look for the exits Makes your brief hard to read and less persuasive Don’t Let Bill Gates Choose Your Oral Argument Attire If You Don’t Believe Me, Believe The Seventh Circuit The Cover No Second Chance To Make A First Impression Pretty Good Wear Appropriate Attire Fonts for Reading General Font Rules • Proportional fonts work better than monospaced fonts • Book fonts work better than newspaper fonts • Serif fonts work better for body text than Proportional v. Monospaced If You Don’t Believe Me, Believe The Seventh Circuit Proportional v. Monospaced Serif v. Sans Serif Serif v. Sans Serif Book v. Newspaper But What About Times New Roman? Book v. Newspaper The Font That Dare Not Speak Its Name “When Times New Roman appears in a book, document, or advertisement, it connotes apathy. It says, ‘I submitted to the font of least resistance.’ Times New Roman is not a font choice so much as the absence of a font choice, like the blackness of deep space is not a color. To look at Times New Roman is to gaze into the void.” Matthew Butterick, Typography for Lawyers Accessorize (Fonts for Headings) • Sans Serif makes for very readable headings • Contrast to show the difference between headings and text • Some people don’t like this (and that’s OK!) Sans Serif Headings DON’T SHOUT DON’T SHOUT Don’t Shout DON’T SHOUT LEGIBILITY DEPENDS UPON THE TOPS OF THE LETTERS. BUT IF I GIVE YOU A LINE OR A PARAGRAPH OF ALL CAPS RECTANGLES, I TAKE AWAY CONTOURS OF THE TOPS OF THE LETTERS AND I MAKE IT REALLY HARD TO READ. SMALL CAPS OR INITIAL CAPS ARE A MUCH BETTER WAY TO GO. AND MORE POLITE TOO. Space, the final frontier . . . • Get from one line to the next without a hitch • Line height and line length • Double spaced 1 inch margins required by the rules are not optimal • Put related things together • More space before heading, less afterwards Worst Decent Better Best Emphasize with class • Don’t underline. Ever. It’s ugly and makes the text harder to read. • On the RARE occasions where it is appropriate to emphasize a word or phrase, use bold or italic instead. • Bold and italic styles are specially designed to match basic style of font. Emphasize with class Underlining is a holdover from the typewriter age. Typewriters had no bold or italic styling. So the only way to emphasize text was to back up the carriage and type underscores beneath the text. Underlining is a holdover from the typewriter age. Typewriters had no bold or italic styling. So the only way to emphasize text was to back up the carriage and type underscores beneath the text. Say Something • Heading should be a declarative statement • State what you want the reader to conclude • Headings should be frequent • Enhances screen readability • Creates space • Creates a usable table of contents Headings That Say Nothing The Useless Table Of Contents Headings That Won’t Shut Up More Headings That Won’t Shut Up Unreadable Table Of Contents The Goldilocks Heading The Persuasive Table Of Contents Use bullet lists effectively • I don’t like Word’s default settings for bullet lists. • Not enough indentation. • Always use a hanging indent. • Bullet list will lose all effect if double spaced. • Try using a different font for the bullet list. Use bullet lists effectively Use bullet lists effectively How Not To Be Read Dash Dash Dash • When setting off an interruptive phrase with dashes, don’t use hyphens. • Use en-dashes or em-dashes. • Lately, I prefer em-dashes. • No definitive answer on the issue of spaces around the dashes. Dash Dash Dash No Double Space. Period. • Typewriter rule left over from monospaced fonts • Creates rivers of white space to disrupt your paragraphs • EVERY typography and style guide says one space only. • “If you’re skeptical, pick up any book, newspaper, or magazine and tell me how many spaces there are between sentences.” If You Don’t Believe Me, Believe The Seventh Circuit Footnote Wars • I am not a footnote fundamentalist • I use footnotes whenever doing so helps the reader • This usually means using footnotes to deemphasize material that is secondary or would interrupt the reader from my point. • Often this means putting record cites below the text rather than interrupting the story. • Refrain from using footnotes whenever a footnote would hinder the reader. • This usually means not using a footnote when the identity of a source is important to the story. The Secret Code Fact Section Stories For Humans Guidelines on Footnotes And Legal Authority • Use footnotes whenever doing so helps the reader • This usually means using footnotes to deemphasize citations that are secondary (“See alsos” or string cites) • Refrain from using footnotes whenever a footnote might hinder the reader. • This may mean avoiding use of a footnote when the source of an authority is important (e.g., key cases). • A complete lack of authority in the text is troubling to some readers • All footnotes can be troubling to the presbyopic judge or the screen reader The Guidelines In Action Footnote Formatting • 10 pt. font size too small. • Use the same justification as body text. • Indent correctly. • Put a 6pt space between notes. Footnote Formatting For Further Reading • • • • Matthew Butterick, Typography For Lawyers http://www.typographyforlawyers.com/ Ruth Anne Robbins, Painting with Print http://www.ca7.uscourts.gov/Rules/Painting_with _Print.pdf • Requirements and Suggestions for Typography in Briefs and Other Papers • http://www.ca7.uscourts.gov/Rules/type.pdf For Further Reading http://www.appellaterecord.com/
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