One would think that by now we'd have a way to draft and file litigation papers in plain text, perhaps with some light markup, and then the courts could automatically generate cover pages, case styles, and tables of contents and authorities; each judge could apply his own preferred styling for working with it (like a LaTeX class file); and the courts could make the official document available to the public in html and pdf versions in whatever typesetting they deem appropriate. (Even better if the public could choose the format — CSS, perhaps.)
Instead we have ever-shifting rules and standards for compliance, which vary by jurisdiction, and which waste inestimable time, energy, and expense for rules committees, lawyers, administrative staff, printers, and, of course, clients.
The Eighth Circuit gets really into this, publishing a typography guide for lawyers: https://federalcourt.press/wp-content/uploads/2018/03/Eighth...
Judges, particularly appellate judges, spend a lot of their time reading briefs. So, as you can see, some of them have strong opinions about brief typography. (Judges, as a group, have strong opinions about lots of things).
That is a lot of reading. Depending on how long an 'argument session' is, retaining the detail must be a challenge.
Imagine if, nationwide, we lawyers could draft in plain text and never (or rarely) have to worry about court-specific typesetting rules or wrestling with Word!
imagine going to court and the judge has mandated that all documents be prepared using 18pt Jokerman[0], or that all headings must use Bleeding Cowboys[1].
[0] https://en.wikipedia.org/wiki/Jokerman_(typeface)
[1] https://www.dafont.com/bleeding-cowboys.fontFor instance, I would like 12-pt with ~1.2 line spacing, something akin to Tufte — so I have a nice wide margin to make notes and summaries.
Of course the first comment I find upon searching is another of Matthew Butterick’s [1], in which he agrees that it’s Real Nice, and points out that the Supreme Court does not allow documents using Times New Roman to be filed there at all!
I don’t even mind that he’s writing this in his capacity as a fontmonger: if all SEO-type writing were at this level of quality and obsession, I’d be much less grumpy about it.
[0] https://www.supremecourt.gov/opinions/22pdf/21-869_87ad.pdf
It kind of makes sense to ensure that everyone is seeing the same thing, though, which is something PDF is (relatively) good at.
Which is pretty funny because he's one of the typographers that is best known for his actual typography, ie information about arranging text on a plane, vs twiddling with letter design which is what most people think of with typography.