Wednesday, October 30, 2019
In the appellate advocacy world, the holidays have arrived early.
As Ruth Anne Robbins put it in her classic 2004 article Painting with Print, "[p]ersuasion includes looking good on paper." So, at some point in our careers, a lot of appellate advocates start fretting about typography. And developing strong feelings about CAPS and fonts with the word "book" in them and the simple human courtesy of not hitting the space bar two freaking times after periods.
As we should. We are still, in this stodgy profession, grinding our way through the Word Processing revolution. Much of what we learned about "typography" is stuff we picked up in seventh-grade typing class. And many of the conventions we learned about old-school brief formatting—caps for headings and underlining for citations & emphasis and a host of rules built around the fact that we mostly used monospaced fonts—make sense in a typewriter-driven world. And these relics persist in court rules and citation manuals because ... I mean, this is the legal profession. Relics persist.
So as we and enlightened courts embrace the benefits of painting with print, we need help. Typography is a complex bag of art and science. It's easy to fall back on typewriting-era conventional wisdom and default settings and fonts; it's easy to wander unguided into a maze of fonts and styles and emerge with a credibility-searing document in Comic Sans. If we're going to break free of old habits and defaults without generating over-engineered eyesores, we need a knowing guide.
That's where Matthew Butterick's Typography for Lawyers comes in. It's a fabulous book built on three core principles: (1) good typography is part of good lawyering; (2) legal documents are professionally published material and thus should be held to the same typographic standards; (3) any lawyer can master the essentials of good typography.
The book needs no hype from the likes of me. It's in its second edition, and it has been widely praised for years. In 2012, for example, the Legal Writing Institute honored Butterick with the Golden Pen Award. If you've been finding yourself dissatisfied with Times New Roman or passionate about using one space after punctuation, you've likely absorbed Butterickisms or relied on his reasoning to pwn Typewriter Holdouts on #AppellateTwitter. And Butterick's websites—both Typography for Lawyers and the more general Practical Typography—have always been remarkable, rich, free resources.
But here's what's new: the entirety of Typography for Lawyers is available for free online. There are, to be sure, ways to pay Mr. Butterick for his work. And we all should. But free is a powerful thing. And typography, for us, is a consequential thing. So dig in.