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Looks Matter In Litigation

Make sure that everything you put before judges and arbitrators, including yourself, is aesthetically perfect.

By Stefan Savic  
on
Stefan Savic

Stefan Savic

While it may not make or break your case, first impressions of how lawyers present themselves and their work will have an impact on the perception of their credibility and professionalism. Looks matter, so make sure that everything you put before judges and arbitrators, including yourself, is aesthetically perfect.

I do not personally have the good fortune of being a beneficiary of the conventional wisdom that looks matter, but I make sure that everything I do professionally does. Well-bound briefs, an aligned table of contents, and making sure that the color of your belt matches your shoes should not be determinative of whether you will prevail on substantive arguments, but it sure gives you a leg up. At our firm, we make sure that everything we file or otherwise present to an outside audience looks a way that gives us the best chance of winning for our clients.

Make Your Papers Look Trustworthy

The substantive presentation of arguments, whether oral or written, is perhaps the single most important component of prevailing in a case. As such, the endless number of books and articles on persuasive writing is well justified. The importance of the more superficial presentation of the arguments—its packaging, if you will—is, however, often overlooked.

I remember from the short time that I spent on the other side of the chambers’ doors that it is difficult not to immediately assign more credibility to a well-put-together brief before reading a single word of it. The aesthetics of written material involve the looks of the particular document before flipping open the cover page and everything in between the covers. One need not overthink which of the two matters more, since it takes little effort to ensure that both look their best.

The outside aesthetics, so to speak, include, among other things, the binding, tabbing, and paper quality. The goal of having the more presentable papers is two-fold: to show that you know what you are doing, and to make the reader want to read your submission over another. If you are submitting exhibits with your memorandum or affirmation, make sure you have properly labeled exhibit tabs. At our firm, we also use higher-quality, heavier paper for copies of documents submitted to the court or arbitration panel. We also use a Velobinding machine for any courtesy copies. These are just a few easy, inexpensive ways you can boost your and your client’s impression with your audience.

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Keeping things pretty within the brief allows the reader to focus on the substance. The goal here is more to avoid distraction than to make things look inviting, since you have to keep a necessary level of aesthetics on every page. There are certain things that I find inexcusable, such as widows and orphans, or headings that are split into two pages. It takes just a few seconds to make sure that there are no such distractions upon the final review of your papers.

More time-consuming and more difficult to master is the ability to manage the “white space” in legal documents. Bryan Garner discusses the importance of what he calls white space, noting that writers should create ample amount of it and use it meaningfully. Indeed, having clustered content on the page can discourage a reader, making her want to get through the page faster.

Again, the physical presentation of your papers, which the courts nowadays only get if the judges’ individual rules require courtesy copies, will most likely not be the reason why you win or lose, but it may make difference. And the fact that you can make a difference with very little effort, with what are usually merely the final touches, makes it worth it.

Make Yourself Look Trustworthy

There are no precise terms as to how one must dress for a court appearance, and we are fortunate to no longer have to wear wigs and matching robes (although, going back to my looks, I would not mind if we all had to wear wigs). The ethical rules generally require that attorneys maintain the courtroom dignity and decorum, but leave it to us, as adults, to figure out what that means. While I think that the time when the dress code was limited to dark gray and navy suits is behind us, the importance of being dressed properly in court is not. The price of the suit or the name on the tag will not lose you any credibility, but a poorly fitted suit or wacky, unmatched colors might. Being well-groomed is similarly a must. For men, whether it be a beard or mustache, it should simply look presentable and never give the impression of laziness, which may be perceived as disrespectful.

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All of the above is quite easy and effortless, yet people still submit purely stapled piles of paper with crooked litigation backs or show up to hearings in neon dress shirts, oversized coats, jeans and sneakers, or shorts. You have only one first impression, so make it count.

Stefan Savic was an attorney at Balestriere Fariello, a trial and investigations law firm which represents clients in all aspects of complex commercial litigation and arbitration from pre-filing investigations to trial and appeals. You can reach firm partner John Balestriere at john.g.balestriere@balestrierefariello.com.

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