Does Font Matter? Why Lawyers Should Switch to Century Schoolbook

Bottom Line:?Lawyers should switch to Century Schoolbook, where allowed, because first impressions matter. Century Schoolbook is more readable and commands an air of authority compared to other commonly used fonts. If you do not believe me, ask the Supreme Court.?

I never imagined font would come up in discussion other than with a graphic designer until one day when I was on the phone with a close friend and colleague who is a retired federal judge. She was looking for a document among the hundreds on her desk when she exclaimed, “I found it! In the sea of Times New Roman and Courier - the Arial stood out!” - and so the conversation continued.?

Whenever I talk font with someone, I get the “Are you serious?” look. You know that look. In fact, right now, you are probably thinking to yourself, "Why should I care about font?” The answer is simple: font matters.?

The status quo for legal documents is Times New Roman and Courier. Times was designed in 1932 as the official typeface of the?London Times?newspaper. Courier was designed in 1955 and is widely recognized because it was the default font for typewriters, like IBM’s Selectric. These fonts were designed, however, with two very different purposes in mind: Times was designed to help facilitate skimming and quickly reading a newspaper, while Courier was designed as a monotype font, where each letter takes up the same horizontal space, making type-over corrections easier.?

Times gained its popularity from its normality and relative anonymity. It is a serious font and has been dubbed “quintessentially British.” But think about it: as serious and recognizable as this Times may be, using a font designed to facilitate skimming is not a font you want to use for a critical document—you certainly do not want a judge skimming your motion, brief, or otherwise.?

Courier is the picture of uniformity and symbolizes bureaucracy and stability, and by the 1960s, it became the default typeface for official documents. It was even the official font of the U.S. State Department until 2004, when they replaced it with none other than Times. But let’s be honest; Courier is bland and unexpressive and went out of style with the disappearance of the typewriter. Just last week, I received a letter from counsel in Courier. I imagined her dictating the letter to her secretary, who wrote in shorthand on a Steno Pad before feeding carbon copy paper into an electric typewriter.?

Matthew Butterick, a lawyer, and Harvard-trained typographer, wrote in his book?Typography for Lawyers, “Times New Roman is not a font choice so much as the absence of a font choice, like the blackness of deep dark space is not a color.” While there is, of course, nothing wrong with using Times or Courier, using them signals a lack of choice, apathy, and settling for ‘what has always been.

Earlier, I asserted that Century Schoolbook commands an air of authority, and part of that is psychological. While you might not immediately recognize the name Century Schoolbook, you’ve been reading legal opinions in this font since your first year of law school. The Supreme Court publishes its opinions in Century Schoolbook, and Rule 33(1)(B) of the Supreme Court’s Rules provides that the text of all necessary documents, including briefs, “shall be typeset in a Century family (e.g., Century Expanded, New Century Schoolbook, or Century Schoolbook) 12-point type.”?

The Seventh Circuit, where many great writers have sat, including Justice Barrett and Justice Stevens, has posted a six-page document on its website entitled “Requirements and suggestions for typography in briefs and other papers,” in which they endorse proportionately spaced fonts designed for books, such as Century Schoolbook and Book Antiqua, another great font. The Seventh Circuit has even offered this explanation for its choice: "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 judges grasp and retain your points with less struggle. That’s a valuable advantage, which you should seize."

While fonts might not be at the top of everyone's list of essential items to tackle, you should be aware of it. Picking a font like Century Schoolbook will better engage your audience, help you communicate more effectively, and impact on how the reader perceives your work. Since most lawyers and their teams spend a vast amount of time drafting legal briefs, memos, court documents, and more every day – paying attention to how the words look will help your legal writing stand out and better persuade your reader.?

I challenge you to write your next important document in Century Schoolbook and welcome hearing from you about your experience.

Dan Nardo, Partner | Nardo & Associates | dnardo@nardoassociates.com