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Resist the legal-writing traditions of writing headings in all-caps or initial-caps styles rather than sentence case, using capital letters for emphasis, or otherwise departing from ordinary rules of capitalization.
Consider the following headings, noticing how they proceed from unreadable to inviting:
Terrible (all-caps, as found in a filed brief):
PLAINTIFF RESPECTFULLY REQUESTS A DETERMINATION BY THE COURT THAT THE DEFENDANT VIOLATES THE LAD BY FAILING TO PROVIDE ACCESS TO ITS CURB CUTS, LIBRARY AND TOWNSHIP HALL.
Slightly better (initial-caps):
Plaintiff Respectfully Requests A Determination By The Court That The Defendant Violates The LAD By Failing To Provide Access To Its Curb Cuts, Library And Township Hall.
Much better (sentence case):
Plaintiff respectfully requests a determination by the court that the defendant violates the LAD by failing to provide access to its curb cuts, library and township hall.
Best (sentence case, revised):
The city illegally fails to provide access to its sidewalks and public buildings.
This is just another example of one of this blog’s central principles: strong legal writing is easy and pleasant to read.
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Ryan McCarl (LinkedIn | Twitter | Blog) teaches Advanced Legal Writing at the UCLA School of Law and is a partner at the law firm Rushing McCarl.