ILNews

IndyBar Interrogatories - Matthew Butterick

Back to TopCommentsE-mailPrintBookmark and Share

By Tyler D. Helmond, Voyles Zahn & Paul

Matthew Butterick

Attorney and author

He is a graduate of Harvard University and the University of California Los Angeles School of Law. He is an attorney. He is the typeface designer behind Equity, a font for lawyers. And he is the author of “Typography for Lawyers.” He is Matthew Butterick, and he has been served with interrogatories.

Q For lawyers who have not read your book, what is typography and why is typography important in legal writing?

A Typography is the visual component of the written word. And since lawyers depend on the written word, good typography is part of good lawyering. Obviously, nothing is more important than the content of the writing. But it’s like an oral argument in court. Judges and juries aren’t supposed to decide a case based on the lawyer’s clothes or speaking style. But lawyers still give thought to those issues, because we want the presentation to enhance the argument, not distract from it. It’s the same on the printed page.



Q What are some of the most common mistakes lawyers make with typography?

A First, the belief that there’s some special canon of typography rules that apply to legal documents. I consider lawyers to be professional writers who have access to professional-quality typesetting equipment (i.e., modern word processors and laser printers). Therefore, the rules of professional typesetting should apply. Much of what we think of as traditional legal typesetting is an accumulation of bad habits handed down from high-school typing class. But the typewriters are gone. So the typewriter habits should go too.

Beyond that, the overuse of ALL-CAPS would be my biggest complaint with legal typography. It’s an example of what I call self-defeating typography. The reason you’d put something in caps is to emphasize it. And for less than one line of text, it works. But when you have a whole paragraph of caps, it’s harder to read. So what do readers do? Do they pay more attention? No. They skip it. Which is the opposite of what you want. Lawyers sometimes defend this habit by saying “There’s a law that says you have to use caps.” To which I say, “OK, show me.” And no one ever can.



Q One of the misconceptions you dispel in your book deals with court rules. Many lawyers assume court rules prevent good typography when they often do not. But sometimes they do. If you were in charge of making a model rule on typography, what would it look like?

A It’s surprising how many lawyers haven’t read their court rules about document formatting. They just imitate what they see other lawyers doing, on the assumption that those other lawyers have read the rules. But no, they haven’t either.

True, there are some restrictive court rules out there. But there’s always latitude to make the typography better. And it’s not about being different for the sake of being different. Court rules, on their own, don’t produce good typography. They just set minimum standards. The rest is up to you.

As for a model rule, in general I’d want it to be lenient rather than restrictive. A big improvement would be to move from page limits to word limits. Most court rules about type size and line spacing were set up to support page limits by ensuring a consistent number of words per page. This made sense in the typewriter era. It makes no sense in the computer era.



Q You have designed two fonts for legal writing – Equity and Concourse. How do these fonts succeed in legal writing where others have failed?

A Lawyers working in page-limit jurisdictions told me that while they wanted to switch away from tired old Times New Roman, it was the most efficient font in terms of fitting words per page, so they were reluctant to give it up. And it’s true — Times New Roman was originally designed for newspaper typesetting, so it’s a bit narrower than most traditional typefaces that you might see in a magazine or book. So my goal with Equity was to make a font family that was as efficient as Times New Roman on the page, but better looking.

Concourse was designed as a sans serif companion to Equity, with the goal of being equally practical. With sans serifs, what you often see is that they look good in all-caps, or good in body text, but not both. So I tried to find a middle ground.



Q How ubiquitous have they become?

A I wouldn’t call them ubiquitous, but they’re off to a very good start. Thousands of lawyers are using them. But I’m not in a rush. A good typeface has a lifetime measured in decades.



Q “Typography for Lawyers” has been hugely successful, with one of best endorsements imaginable coming from Bryan Garner – “If Matthew Butterick didn’t exist, it would be necessary to invent him.” What are you planning for the follow up?

A Bryan has been a true friend to the project, which I’m tremendously grateful for. Reading his “Modern American Usage” start to finish made me want to write a usage guide for typography.

As for the follow-up, it probably wouldn’t surprise you to hear that many of my readers are nonlawyers. So I’m working on a new version of the book aimed at them.



Q Your career has taken more interesting turns than most: from typeface designer, to website developer, to lawyer and author. If you had to give a commencement speech, what would you suggest to the graduates as the key to success?

A Well, I think of my career as less peripatetic and more cumulative than it may appear to others. I’m interested in this broad theme of how we create the written word. It leads to new investigations, which I try to combine with what I’ve already learned. Sometimes with unexpected results. For instance, I wouldn’t have expected that writing a book about typography would improve my type-design skills. But it did.

The best advice I got before I went to law school was to find out which professors had the best evaluations, and then take their classes, regardless of the topic. But I think that’s good advice out in the world, too. Kind and smart people will make any topic interesting. But they are rare. So if you meet one, you should make the most of what they have to share with you.



Q In your experience, is there any overlap between excellent design and excellent lawyering? You have said “solving problems is the lowest form of design.” Is there a lesson there for lawyers?

A Sure. I think design and lawyering are similar in that they both have this huge layer of mechanics and production interposed in this essentially human interchange. The challenge is keep bringing the human aspects forward, and not let them get lost in the noise. We could say that filing briefs is the lowest form of lawyering because a lawyer’s job is not to file briefs. It’s to represent clients. The brief is just the vehicle.

Sometimes lawyers say to me, “I see, typography is important because it makes things pretty.” Yes and no. True, we’re not trying to make things uglier. But the reason to “make it pretty” is to make the most of the limited attention we get from our readers. We need that attention to best serve our clients. Once a reader has lost interest, we’ve also lost our chance to persuade.



Q What are the last three albums you added to your iPod?

A I’m a big streaming-music user these days, so based on the phrasing of your question, I don’t need to confess to all the guilty pleasures I keep over there. The last three albums added to the iPod were “Silver Age” by Bob Mould, a six-disc compilation of 70s soul, and “Cargo” by Men at Work.•




 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

ADVERTISEMENT