In Asimah v. CBL & Assoc. Mgt, Inc., No. 23-2495 (7th Cir. June 3, 2024), a decision otherwise dismissing a case based on a defect in the notice of appeal, the Seventh Circuit devotes a couple of pages to typography.
“We are publishing this opinion . . . to urge all lawyers to read and follow this circuit’s Practitioner’s Handbook for Appeals (2020 ed.), which is available on the court’s web site at https://www.ca7.uscourts.gov/rules-procedures/Handbook.pdf . . . . [I]mportant for the sore eyes of judges who must read copious legal materials, the Handbook (at 170–77) contains some important advice about typography.”
“Of the many typographic suggestions in the Handbook, the one most important to readers is that lawyers choose typefaces (often called fonts) suited for use in books and other long-form presentations.” The panel opinion sets forth preferred fonts for Seventh Circuit briefs—citing with special approval Bookman and Century—while discouraging the use of Garamond, Times, and Bodoni. “Type with a larger ‘x-height’ (that is, in which the letter x is taller in relation to a capital letter) tends to be more legible.”
“[Counsel] who represents AsymaDesign, did not heed this advice. His brief is set in Bernhard Modern, a display face suited to movie posters and used in the title sequence of the Twilight Zone TV show. Wikipedia explains: ‘A somewhat decorative text typeface, it is distinct for its low x-height, elongated ascenders, and relatively short descenders giving it an appearance of height without requiring excessive leading. Serifs are wide and splayed.” https://en.wikipedia.org/wiki/Bernhard_Modern. Those are not characteristics that conduce to easy reading of long passages.”
“Judges are long-term consumers of lengthy texts. To present an argument to such people, counsel must make the words easy to read and remember. The fonts recommended in our Handbook and Typography for Lawyers promote the goals of reading, understanding, and remembering. Display faces such as Bodoni or Bernhard Modern wear out judicial eyes after just a few pages and make understanding harder.”
“We hope that Bernhard Modern has made its last appearance in an appellate brief.”
Paul Mollica's Federal Courts Blog 