Using Tools of Visual Persuasion in Legal Writing

I always find it difficult to read TEXT IN ALL CAPITAL LETTERS. Now I know I am not alone.  Here is an interesting article by Professor Ruth Anne Robbins about tools of visual persuasion in legal writing. Professor Robbins makes the point that how a piece of legal writing looks makes it easier to read and can, therefore, influence its persuasiveness. Professor Robbins bases her thesis on the results psychological studies about reading and readability. An argument presented in a visually effective manner is better understood and retained by a reader. It might also bolster the credibility of the writer.

In addition to her #1 recommendation not to use all capital letters, some of the suggestions Professor Robbins has are 1) contrasting the font used in the text with that in the headings by using a serif font for text (like Times New Roman) and a [I always find it difficult to read TEXT IN ALL CAPITAL LETTERS. Now I know I am not alone.  Here is an interesting article by Professor Ruth Anne Robbins about tools of visual persuasion in legal writing. Professor Robbins makes the point that how a piece of legal writing looks makes it easier to read and can, therefore, influence its persuasiveness. Professor Robbins bases her thesis on the results psychological studies about reading and readability. An argument presented in a visually effective manner is better understood and retained by a reader. It might also bolster the credibility of the writer.

In addition to her #1 recommendation not to use all capital letters, some of the suggestions Professor Robbins has are 1) contrasting the font used in the text with that in the headings by using a serif font for text (like Times New Roman) and a]4 dark font for headings (like Arial); 2) cueing a hierarchy of headings with different font sizes, moving from larger to smaller; 3) creating visual chunking by adding a space between paragraphs and omitting or minimizing indentations at the first line of a paragraph; 4) keeping headings and related text close to each other; and 5) left justifying the text.

While individual court rules might foreclose some of these formatting suggestions, to the extent possible, lawyers should use all parts of a document, including its format, as an opportunity to persuade.