Let’s talk about four kinds of formatting used and misused in legal documents: all-caps, typefaces, boldface, and underlining.
(1) Underlining was used for years for case names and for emphasis because of typewriter limitations. I’m still surprised by the number of lawyers who still underline cases instead of italicizing them. Italics may also be used for emphasis but don’t overdo it.
(2) Typefaces (fonts) affect the readability of your work. The consensus is that you should use serif fonts for text and sans-serif fonts for headings. Serif has the little squiggles such as the y in happy. Sans-serif is more block-like. The Seventh Circuit’s seven-page Requirements and Suggestions for Typography in Briefs and Other Papers recommends any serif font for text that has the word “book” in it. (This is a great overview of document design and may be found at http://www.ca7.uscourts.gov/.)
I use Bookman Old Style, Century Schoolbook, and Book Antigua all of which were included in Word for Mac. Many writers simply default to Times New Roman because that is their default font in their word-processing program. Times New Roman is a newspaper font that is shorter and more difficult to read in longer documents. Remember, most of your readers are older and may have difficulty reading. Make it easy for them.
(3) All-caps for emphasis or for titles and headings in legal documents is another hangover from typewriters. Two problems: it’s harder to read and IT LOOKS LIKE YOU’RE SHOUTING AT YOUR READER.
Ray Ward has a great suggestion for briefs and legal documents.
Legal-Writing Tips
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January 8, 2010 |
Practice News
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January 5, 2010 |
Practice News
Adam Liptak had a nice article in today’s New York Times discussing the American Law Institute’s abandoning any further recommendations on the death penalty. At http://www.nytimes.com/2010/01/05/us/05bar.html?ref=us I like the contrast he drew with these two paragraphs: “Instead, the institute voted in October to disavow the structure it had created ‘in light of the current intractable institutional and structural obstacles to ensuring a minimally adequate system for administering capital punishment.’ That last sentence contains some pretty dense lawyer talk, but it can be untangled. What the institute was saying is that the capital justice system in the United States is irretrievably broken.”
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January 5, 2010 |
Practice News
Lake Superior State University in Sault Ste. Marie, Mich., has released its 35th annual list of words that should be banished. If you got time, this is an amusing tradition that started at a 1975 New Year’s Eve party of LSSU employees and friends. (Sounds like my kind of party.) You may find the list of words that are banished at http://www.lssu.edu/whats_new/articles.php?articleid=1905.
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December 30, 2009 |
Practice News
I was reviewing my notes from Stephen King’s On Writing that I wanted to share with you. I recently read On Writing and found that I liked King and that he really cares about his craft. (Not that anyone who sells millions of books needs my approval.) Some random advice from On Writing that might be helpful to you. (You can buy this book new for under $10.) “I’m convinced that fear is at the root of most bad writing.” “Timid writers like the passive voice because it is safe. They also think it sounds authoritative.” Hmm… why write, “I have a dream” when you can write, “A dream was had by me”? “I believe that the road to hell is paved with adverbs.” His analogy is that adverbs are like dandelions—a few are nice but not an entire field of them.
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December 28, 2009 |
Practice News
I’m not sure if there is any huge difference as long as you are consistent. The Associated Press Stylebook recommends that you should spell out one through nine and use numerals for 10 and above. Garner’s Redbook recommends that you should spell out one through ten and use numerals for 11 and above. One exception is to spell out the first word in a sentence.
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December 3, 2009 |
Practice News
I love lists because it makes it easier for your reader to process it. As an example, look at this text written in narrative and the same material in a list. Senate Bill 461 (Cullerton, D-Chicago; Currie, D-Chicago) makes the following changes to getting a tax deed: (1) It allows the owner of a certificate of purchase in a scavenger sale to file a petition at any time within six months (instead of five) before the expiration of the redemption period from a sale. (2) It conforms post-judgment practice and service of notice of the redemption period to the Code of Civil Procedure. (3) It requires that purchaser must give notice of tax sale and the right to redeem not less than three months or more than six months (instead of five) before the expiration of the period of redemption. (4) It allows the court to give possession to the tax-deed grantee or grantee's successor in interest (instead of just tax-deed grantee). Or this. Senate Bill 461 (Cullerton, D-Chicago; Currie, D-Chicago) makes the following changes to getting a tax deed: (1) It allows the owner of a certificate of purchase in a scavenger sale to file a petition at any time within six months (instead of five) before the expiration of the redemption period from a sale. (2) It conforms post-judgment practice and service of notice of the redemption period to the Code of Civil Procedure. (3) It requires that purchaser must give notice of tax sale and the right to redeem not less than three months or more than six months (instead of five) before the expiration of the period of redemption. (4) It allows the court to give possession to the tax-deed grantee or grantee's successor in interest (instead of just tax-deed grantee). A couple of suggestions on lists.
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November 30, 2009 |
Practice News
If it is good enough for the National Weather Service (NWS), it ought to be good enough for lawyers. A piece in today’s State Journal-Register by Tim Landis reported that the Weather Service is changing its winter-warnings this year as experiment in some local offices. The Weather Service is going to punchier leads and use of bullet points so that readers can grasp the information more easily. Hear, hear. Compare an older warning with the new experimental version as provided in the Landis article. (Bullets are not used in the opening paragraph.) Old: “Low pressure from south Texas into central Tennessee will deepen as it tracks northeast across the upper Ohio River Valley overnight. This will continue to bring snow, and periods of sleet and freezing rains across southeast Illinois…and snow over parts of central and east-central Illinois tonight. The heaviest snow will occur south of I-70…where storm total amounts of 4 to 10 inches will be common by late tonight. Snow accumulations will steadily decrease further northward…with 3 to locally 6 inches expected as far north as a Taylorville to Decatur to Danville line.” (92 words) New: “Snow…with periods of sleet and freezing rain…can be expected in southeast Illinois through tonight. The heaviest snow is expected to be south of I-70. Snow accumulations will steadily decrease farther to the north. The snow is being caused by an area of low pressure, which is forecast to strengthen as it tracks across the Ohio River Valley tonight.” (58 words)
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November 29, 2009 |
Practice News
This weekend I finished reading A Writer's Coach by Jack Hart, who is the editor at large and writing coach at The Oregonian. One of his recommendations was to put a theme statement at the top of your screen while you write. The theme statement is a simple statement of what you are trying to say; it's not your lead or introductory synopsis. (You do use an introductory synopsis if you can, right?) The theme statement is to keep you on track as you write so that you don't get lost deeper into the document. Because if you get lost, your reader will also get lost. When you are finished with your piece, you delete it from the screen. For those interested, I liked and recommend A Writer's Coach, The Complete Guide to Writing Strategies That Work.
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November 25, 2009 |
Practice News
I read a recent Illinois Supreme Court opinion (People v. Garstecki) that I believe validates eliminating the word “shall” in legal documents or statutes. The legal writing scholars suggest using “must” instead of “shall” for a mandatory word because “shall has become so corrupted by misuse that it has no firm meaning. It can mean ‘must,’ ‘should,’ ‘will,’ ‘may,’ or ‘is.’ (Joseph Kimble, Lifting the Fog of Legalese, 160 (2006)) If you draft documents that use the word “shall,” you may want to consider changing your approach. Richard C. Wydick in his excellent book Plain English for Lawyers (5th ed. 2005) recommends using these words of authority: "Must” is required to. “Must not” is required not to; is disallowed. “May” has discretion to; is permitted to. “May not” is not permitted to; is disallowed from. “Is entitled to” has a right to. “Should” ought to. “Will” means one of the following: (a) To express a future contingency. (b) In an adhesion contract, to express the strong party’s obligations. (c) In a delicate contract between equals, to express both parties’ obligations.
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November 6, 2009 |
Practice News
You must always follow court rules for citation of authority, but consider this idea: To increase readability, place your citations in footnotes instead of in the text of your brief or memorandum. Do not use footnotes for any other purpose. Why make your reader jump over nonsubstantive interruptions? (Bryan A. Garner is the moving force behind this idea. Count me in on that crusade.) I know that this is not how the Illinois appellate courts write their opinions, and Illinois Supreme Court Rule 341(a) states that “Footnotes are discouraged, but, if used, may be single-spaced.” But I think that this Rule is addressing substantive (“talking”) footnotes as opposed to citation to authority. Which of these two identical opinions are more readable? The first puts citations in text and the second in footnotes. We hold that review of a grant of a directed verdict is de novo. City of Mattoon v. Mentzer, 282 Ill. App. 3d 628, 633, 668 N.E.2d 601 (1996). While we recognize that there is authority to the contrary in Illinois (Boatmen's Bank v. Dowell, 208 Ill. App. 3d 994, 1001, 567 N.E.2d 739 (1991); Johnson v. National Supermarkets, Inc., 257 Ill. App. 3d 1011, 1015, 630 N.E.2d 934 (1994); Cohan v. Garretson, 282 Ill. App. 3d 248, 256, 667 N.E.2d 1325 (1996); NWI International, Inc. v. Edgewood Bank, 291 Ill. App. 3d 247, 261, 684 N.E.2d 401 (1997)), we nevertheless find that de novo review is proper because the standard of review on appeal should be the same as that applied by the trial court, which, as City of Mattoon states: "fits the definition of de novo: '[a]new; afresh; a second time.'" (Emphasis in original). City of Mattoon, 282 Ill. App. 3d at 633.