We read the online book Typography for Lawyers. Typography for Lawyers is by Matthew Butterick, who also wrote Practical Typography. It is not a surprise that Butterick is a lawyer–persnicketyness is kind of our thing.
In terms of specific rules, one space after a period seems universally accepted now. Look at every quotation mark and make sure they are all curly. Don’t underline and bold, just use bold or italics for emphasis.
ALL CAPS is unnecessary, but it’s hard not to do it in limitation of liability and arbitration clauses because it has become so normalized.
In terms of document structure, fewer heading levels is better (e.g. try to avoid Section 14(d)(V)(C)(vii)), but there’s disagreement with Butterick about the use of columns in a contract.
The most important takeaway was sweating the details. Why does typography matter? When we receive a contract that has typographical or other errors, we start from an assumption the other slide is sloppy and not on their game. We don’t want that assumption being made about us. Paying attention to the small things shows you’re also not missing the big things. I used the brown M&Ms analogy to emphasize the point that typography does not just exist for its own sake but also as a signifier that we are paying attention.
Ultimately, the learning from this typography exercise was not about hitting every point in Butterick’s book. Rather, it’s about serving the reader and showing through your communication that you are thoughtful and diligent.
A last note that that all this reading about typography and Van Halen has got me thinking that we, the Legal team, are ourselves M&Ms. When reviewing product features or payment flows, for example, legal requirements can feel like a thing that just needs to get done. Does it really matter where copy like “Click to agree to our terms” is placed or if it says “I agree” or “Next” on the button?
We of course think it matters, and courts and regulators underscore the point. But it’s not just about avoiding the risk of a lawsuit or investigation, it’s also about just getting it right. High quality products get everything about the user experience right, and that includes those pesky legal details.
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