The way your document looks also creates an opportunity for persuasion.
If it is neat, clean, visually easy to read, and complies with all local rules, you will impress the court with your competence, and your credibility will rise. Courts are beginning to recognize the benefits of effective document design, and to encourage — or require — that counsel keep readability in mind.
The Seventh Circuit’s Web site, for example, features a link called “Requirements and Suggestions for Typography in Briefs and Other Papers” that links to a document explaining the importance of effective typography. The document notes the importance of effective document design:Choosing the best type[face] won’t guarantee success, but it is worthwhile to invest some time in improving the quality of the brief’s appearance and legibility.
Judges of this court hear six cases on most argument days and nine cases on others. The briefs, opinions of the district courts, essential parts of the appendices, and other required reading add up to about 1,000 pages per argument session. Reading that much is a chore; remembering it is even harder. You can improve your chances by making your briefs typographically superior. It won’t make your arguments better, but it will ensure that judges grasp and maintain your points with less struggle. That’s a valuable advantage, which you should seize.21
Many small decisions can affect the ease with which the reader can read your brief. The reader’s comfort level with the document itself can affect both your credibility and your chances for success as an advocate.