Certworthy Winter 2008
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Writer’s CORNER The Right Tool for the Job Raymond P. Ward for briefs. It was designed for news- For writing intended for on-screen Adams and Reese LLP papers, which means it was designed reading, use Georgia or Verdana. New Orleans, Louisiana for skimming. For briefs, you want a Georgia is a serif typeface designed to [email protected] typeface designed for thoughtful read- remain legible at low resolutions on a ing: one designed for books. The U.S. computer screen. This makes Georgia Your computer is probably loaded with Seventh Circuit recommends Basker- the best choice among serif typefaces hundreds of typefaces — on mine, I ville, New Baskerville, Bembo, Book for on-screen reading. The same goes counted 530. The vast majority of these Antiqua, Bookman Old Style, Calisto, for Verdana, a sans-serif typeface also are of no use to legal writers; you would Century, Century Schoolbook, Caslon, designed for on-screen reading. See never, for example, write a brief in a Deepdene, Galliard, Jenson, Minion, Daniel Will-Harris, Georgia & Verdana: comic-book typeface or a letter to a cli- Palatino, Pontifex, Stone Serif, Trump Typefaces designed for the screen (finally), ent in Old English. A good writer steers Mediäval, and Utopia. Requirements http://www.will-harris.com/verdana- clear of anything, including fancy type- and Suggestions for Typography in Briefs georgia.htm. faces, that calls attention to itself. and Other Papers 5, http://www.ca7. If you’re tech-handy, set your e-mail But if you limit yourself to the de- uscourts.gov/Rules/type.pdf. Try one of program to display all plain-text e-mail fault Times New Roman for everything, these on your next brief. in Georgia or Verdana — your eyes will you’re doing your readers and yourself a thank you. And set it to put all your disservice. Typefaces, like tools, are each For headings, use bold sans-serif out-going e-mail in Georgia or Verdana designed for a particular purpose. Using type. — your readers’ eyes will thank you. just one typeface for everything is like If you’re still using the same typeface for using a flathead screwdriver on a Phillips both headings and text, try this experi- screw: it may work, but it’s not the right For drafts, try Courier. ment. Take a page of anything you’ve tool for the job. Courier is much maligned. Judge Mark written lately that includes one or more Painter calls it “the most unreadable headings. Put the entire page in a serif For text, use serif type. font.” The Legal Writer 45 (3d ed. typeface with the headings in bold, and 2005). And Virginia appellate lawyer A serif is a little stroke at the end of a print it out. Now make one change to Steve Minor describes it as “just another main stroke composing a letter or num- the page: convert just the headings into random relic of history that’s long since ber. In the example below, the letter on a sans-serif typeface (e.g. Arial), again lost its purpose.” Steven R. Minor, SW the left has five serifs, while the one on in bold. Print out this page, lay it next Virginia Law Blog, Reason No. 1001 why the right has none: to the one you printed out earlier. The all orders and opinions should be pub- E E contrast between the serif and sans-serif lished, on the Web, and in the public eye, Studies show that long passages of typefaces should make the latter jump http://swvalaw.blogspot.com/ (Nov. 19, serif type are generally easier to read off the page. 2007). than long passage of sans-serif type (type Use the same technique for anything I agree that nothing intended for without serifs). Ruth Anne Robbins, that you want to stand out. When I someone else’s eyes should be submit- Painting With Print, 2 J. ALWD 108, compose the cover of a brief, I put ev- ted in Courier when so many more 120 (2004). More importantly, many erything in plain serif type except for attractive and more legible alternatives courts require text in briefs to be in two items: the docket number and the are available. But every tool, no matter serif typeface. See, e.g., Fed. R. App. P. title (e.g. “Brief of Appellant”) — these how ugly, has its uses. Courier, in all its 32(a)(5)(A). two items I put in slightly larger bold monospaced ugliness, may be ideal for Times New Roman is a serviceable sans-serif type. Try that on the cover of preliminary drafts. serif typeface, but it’s not the best choice your next brief. 16 Certworthy Winter 2008 According to a Slate article, many and editing, you may find yourself a meanings into this syntactical structure, professional authors compose in Cou- more effective self-editor. the meaning of the whole is X. rier. My Favorite Font, http://www.slate. This idea comes from Susan Bell’s Since X is what you intended to convey, com/id/2166947/ (May 25, 2007). The book, The Artful Edit. Apparently it you judge the sentence to be fine. main reason they do so is to facilitate works, according to lawyer and author You move on. ruthlessness in editing. Luc Sante puts Gretchen Rubin. After reading Bell’s What actually is happening is the fol- it this way: “I like Courier because it book, she tried drafting something in lowing: seems provisional—I can still change Times New Roman, then printing it out You see these words. my mind—whereas Times New Roman in Georgia. She found that “the changed You remember those words. and its analogues look like book faces, look of the page made it easier to spot Those are the words you summoned meaning that they feel nailed down and awkward spots.” Gretchen Rubin, The when you were trying to articulate X. immovable.” Jonathan Lethem expresses Happiness Project, The happiness of find- Mere association. Since those were the the same thought more succinctly: “I ing a new technique to improve my writ- words you chose when you were trying dislike the temptation of making a raw ing, http://www.happiness-project.com/ to convey X, naturally they will remind draft look like it’s already typeset.” (July 12, 2007). I tried it myself while you of X when you reencounter them. Sir Arthur Quiller-Couch advised writing this article, and instantly spot- George D. Gopen, Expectations 15–16 would-be writers to edit themselves ted two structural glitches that I missed (2004). By changing typeface between ruthlessly. “Murder your darlings,” he before converting typefaces. drafting and editing, you may break the said. On the Art of Writing 203 (Do- This technique may help you out association between what you see when ver 2006). If your darlings are in ugly of the mental rut you create when you editing and what you saw when writing. Courier, you may feel less compunction edit yourself. In his book Expectations, about murdering them. George Gopen describes the problem: Conclusion When you revisit a sentence you have If you strive to blend in with the herd, written in order to judge whether it Before the final edit, convert to a then do as they do: use Times New Ro- needs revision, you think the following different typeface. man for everything. But if you strive for is happening: Another advantage of using Courier for excellence, then select for each writing You see these words. your first draft is that it forces you at project the best typeface — the one You know the meaning of each of these some point to convert the typeface. If most suitable for that project. Be like words. you switch typefaces between writing the master craftsman, who always selects When you put these words with those the right tool for the job. Winter 2008 Certworthy 1.