Typography for Lawyers, 2nd Edition (2018)
typographyforlawyers.com
typographyforlawyers.com
As an ex-lawyer turned coder and one-time type setter for a school paper, I can only marvel at his accomplishments.
https://githubcopilotinvestigation.com/
I’m also an enormous fan of his book, Beautiful Racket. It’s what set me off on the path of being a self-identified Scheme programmer.
Legal documents should be written in plain text, not Microsoft Word. Then, typographical conventions from books like this one can be enforced at the editor level with linters and autoformatters.
Lawyers spend way too much time and money on formatting Microsoft Word documents. How much unnecessary effort could be saved if we had black (the python package) for legal documents? Uncompromising formatting and typography for legal documents would go along way to eliminating the bikeshedding that lawyers do around useless formatting.
If this is the kind of thing that interests you, please reach out!
It’s judges.
If your lawyer can lose a case over formatting (and they can), your lawyer can get sued for malpractice for screwing up formatting.
Why do judges insist on arcane, high level published documents? Judges benefit from repeat players — the formatting helps them routinize their analysis and spot the careless lawyer, or the one unfamiliar with local law. It’s an effective filter of the arguments.
It's true that there are certain typographical requirements that must be met in certain court filings, but I have also seen lawyers bikeshed in Word by obsessing over things as menial as left vs. justified text alignment (and then even decide how to rephrase language after changing to justified alignment because they don't like the rivers[1] they are now seeing). Unless such requirements are codified in court rules, then it is not something that would win/lose a case, and it is just a billable-hour timesink.
> Why do judges insist on arcane, high level published documents? Judges benefit from repeat players...
You may be giving them too much credit in their cunning. It's just easier and more efficient to navigate a complex system when we're all operating off of the same framework -- no different than programming. I've worked as a law clerk and attorney, and, yes, judges will have their biases as to which attorneys they are more likely to trust than others, but that occurs through building actual rapport in court, not by following formatting rules.
Lawyers fight over this stuff for the same reason programs fight over 4 spaces versus 8 spaces indentation. Judges have to read hundreds if not thousands of pages of briefing a week. Making it a little easier for the judge to follow your point does make a difference.
And will it win or lose cases? Probably not. But how often do appellate briefs argue that the trial judge “overlooked” or “misapprehended” some argument? Stuff gets lost in the shuffle and sometimes not putting the best version of your argument out there leads to bad rulings.
And just as in software, spending a little time up front to learn a standardized style and best practices means that in practice it should be muscle memory and take very little time to churn out briefs that look nice and are easy to read typographically.
(Also, ragged justification is a crutch for people who don’t know how to use soft hyphens. There’s a reason you never see a magazine or book with ragged justification.)
> You may be giving them too much credit in their cunning.
No one has to be especially cunning; it's just a tradition that develops because it works well enough. The American tradition weeds out people who don't have an incentive to help the system be efficient. The English system regulates Barristers even more. If the loss of your license doesn't mean anything (because there won't be a next time for you) then a lot of the rules lose their sting.
Judges do spot carpetbaggers and neophytes through their briefing. You've never seen a pro se brief that used CAPS FOR SHOUTING, or six different fonts? All classic marks of someone outside the normal system.
And even among lawyers, there are tells. In my jurisdiction, we don't use line numbers. A Californian who shows up with line numbers in the briefing is a dead giveaway, and vice versa.
Granted, a handful of times, pro se plaintiffs won at the Supreme Court.[1] But those are exceptions that prove the rule. I don't think it should be this way, but knowing the local judges' typography preferences counts as 'law practice.' For now.
[1] https://abovethelaw.com/2013/07/r-i-p-pro-se-litigants-befor...
It would take decades of therapy to wean some lawyers off WordPerfect, let alone Word. But that's more because it's a habit-verging-on-compulsion, not because WYSIWYG software has cornered the market on version control. (Really, was WorldDocs truly any better than git?)
It would be better for everyone if documents were stored in plain text, formatted to the reader's liking by the reader, and edited with format-agnostic tools.
And programs should be written in Common Lisp, or maybe Rust, but the world is still written in JavaScript.
> Lawyers spend way too much time and money on formatting Microsoft Word documents
?? Lawyers have been using text styles since the WordPerfect days.
As to plain text, as much as I’d love to write everything in TeX, any non-WYSIWYG approach is a non-starter with non-technical users. Stuff has to plug into the existing Word work flow. If you’ve got a better plugin for handling styling in Word I’d love to see it.
I write documents in markdown and use pandoc with templates to handle styling.
Also, if you liked the book and feel that you got value out of it, please pay for it – if only to support the experiment in Web self-publishing that it is. I’ve procrastinated it for far too long, but finally bit the bullet, and touched on it here: https://blog.danieljanus.pl/2022/09/24/paying-for-books/
It describes how there is some debate as to whether or not fonts can be copyrighted, and it ends with:
> Fonts are digital files, and like every other digital file, the internet will happily provide you a free copy. Yet the font business—completely opposite to the music business in this regard—has continued to grow and thrive in the internet era. Therefore, the font business must be based on something closer to the honor system. It remains an unusual counterexample to the idea that digital rights management and litigation are indispensable tools in intellectual-property economies.
Anyway, The submission requirements vary WILDLY region to region. The typography and margin constraints as well as occasional weird other features like in one county (parish?) in Louisiana it had to be filed bound with a yellow ribbon or something like that.
How much time I spent with weird minutia of legal typesetting, this book seems like a great and interesting read.
On other controversial points, I think he's right, e.g. one space between sentences: https://typographyforlawyers.com/one-space-between-sentences.... But I'll probably never be edgy enough to do that.
However, for a self prophesied typography article on the web when viewed on a mobile device this is humorously unbearable to look at.
Highly recommend.
This is an awesome find -- thank you for sharing.
Two spaces after a sentence make paragraphs easier to parse.
Correct. Most readers of any legal document have zero interest in sipping and savoring each word as if the document were a fine wine. Readers want to learn — as quickly as possible — "what do I need to care about," and then move on to the next item on their to-do lists. Two spaces after a sentence help the reader do that (as do short, single-subject paragraphs).
It's "a dead convention" among people who care about the aesthetic pleasure that they get from the visual beauty of the paragraph and who don't like the "ugliness" of the extra spacing.
People who care more about serving the reader are less dogmatic about two spaces after a sentence, and even prefer it for legal documents, because two spaces makes it easier for a skimmer to jump from sentence to sentence.
That would work IF the rendering engine knew it was supposed to use a horizontally-larger space at the end of a sentence (comparable to the CSS styling element "padding-right"). A uniformly-larger space would defeat the purpose, namely to make it easier to spot the end of the sentence through the extra space after it.
(At a family reunion a few years ago, I was discussing a book-in-progress with an extended-family member, who at the time was an exec in a very-large Silicon Valley tech company. He was astonished when I mentioned I was using LaTeX, via emacs org-mode, for the manuscript.)
And MS Word is ubiquitously used for contracts and other documents that get circulated for revision, because of Word's redlining- and commenting features. It's a network effect: "Everyone" uses Microsoft Word because "everyone else" uses Microsoft Word.
Except that advice is way less accessible and has a fairly high cost-benefit ratio:
* Typing two spaces after a sentence: something everyone who can type already understands.
* "[A]djust[ing] the size of a space to the appropriate size when the text is rendered for the reader (in a word processor for example)": something only a tiny fraction know how do do, and even fewer are comfortable with. It's likely some unintuitive UI that is nonstandard, and that has even been changed at points between different versions of the same Word Processor.
(LaTeX does do simple finding of periods to support different interword and intersentence spacing. The recommendation is to use ~ after abbreviations; as a non-breaking space it also keeps Mr.~Whatsisname from appearing on two lines.)
What's the metric for establishing what is the "correct" number of spaces? I submit that it's functional, not aesthetic: the speed at which users — i.e., readers — grasp the information being presented. Whether typographers regard a single space as prettier is less important.
I would suggest rather then some arcane spacing convention, the simplicity and clarity of the wording is objectively far more important then any style guide. I would also suggest that this is something the legal profession is generally very bad at with the amount of legal jargon found in most documents produced in the profession.
One (small) study said that two spaces increases reading speed by about 3% [0] [1] [2]; I couldn't find any indication whether scanning and skimming speeds were studied.
From an article: "When the double-space was present, their eyes fixated less on the break between sentences and they moved to the next one more quickly. Ultimately, it seemed it was a bit easier for their brains to make sense of when sentences were more clearly broken up." [3]
> the simplicity and clarity of the wording is objectively far more important [than] any style guide. ... this is something the legal profession is generally very bad at with the amount of legal jargon found in most documents produced in the profession.
Agreed! I teach advanced contract drafting to third-year law students; I stress two principal rules: (A) Short, Single-Subject Paragraphs — don't be a L.O.A.D. [Lazy Or Arrogant Drafter] [4], and (B) BLUF - Bottom Line Up Front [5]. Following those two rules will produce the biggest bang for the buck in terms of improved readability.
[0] https://link.springer.com/epdf/10.3758/s13414-018-1527-6?sha...
[1] https://www.theatlantic.com/science/archive/2018/05/two-spac...
[2] https://medicalxpress.com/news/2018-05-space-period-sentence...
[3] https://www.discovermagazine.com/mind/scientists-two-spaces-...
[4] https://toedtclassnotes.site44.com/Notes-on-Contract-Draftin...
[5] https://toedtclassnotes.site44.com/Notes-on-Contract-Draftin...
It is interesting when you look at the reading results, in particular the only significant difference in reading speed was for people that typed using 2 spaces at the end of a sentence, when they also were reading a document formatted that way. (I note that the other 3 articles cite back to the same source study)
This would appear to show that considering most people outside the legal profession do not follow that convention, that there is no real benefit, particularly when even this improvement was not considered statistically significant in the study.
I did a quick skim of the course notes, and I can defiantly agree with the principals your teaching. I hope your students appreciate just how important those points are in all there written communication.
Chicago requires 1 space.
Also, the Bluebook is at most followed only in spirit, more commonly in the breach. Most of it is specifically for "scholarly" articles, not practitioners' documents. Smallcaps is an important part of following Bluebook for scholarship! There is a slim section on how to translate requirements to briefs, but it is underspecified so lawyers just kind of muddle along. All while insisting they follow it to the letter. They don't.
The fact that the rest of society has moved on is a fairly clear indication that this subjective premise that 2 spaces is in some way better, shows it clearly does not show enough objective benefit to remain in use or it would be common practice in all of society.
edit: a sibling comment has provided links to a study on this, showing there is not statistically significant improvement in reading speeds reinforcing that this formatting is not objectivly better.
IMHO, it's better to do something that can be followed consistently no matter the authoring platform you use. Double spaces are hard to enforce.