Once espoused by a US Supreme Court Justice in the historical Jacobellis case, the iconic “I know it when I see it” principle doesn’t only apply to censorship. I would argue that we can apply it to well-constructed legal documentation as well.
[Image by Amy Lloyd]
Have you ever looked at a document, any document, and felt overwhelmed by the amount of information coming at you? For example, think about the last time you emptied your mailbox of fliers. Did you look at one of those fliers and think, “Argh! There are so many random pictures of produce, numbers and words and I don’t know what’s on sale or if there are any good deals!” You didn’t hesitate on the flier (document) and you certainly didn’t realize that Swiss cheese was reasonably priced, even though you happened to be out of cheese. Instead of keeping that flyer, you tossed it directly into the recycling bin without another thought. Without consciously understanding it, even though you may be a lawyer and not a professional marketer or designer, you instinctively know bad visual hierarchy design when you see it.
Visual hierarchy is the foundation of a document’s layout and what attracts the reader to the most important information on that page. A well-designed visual hierarchy is more user-friendly and the design makes some kind of impact. You know how to identify good visual hierarchy when you see it because instead of tossing the flyer away, you might take a second glance or even remember your need for cheese.
[Click image to a see larger version.]
I am not a designer by profession, but my practice involves close collaboration with a designer. Designers have specific tools developed throughout their education, careers and years of experience. They use various design techniques to create visually compelling documentation. Whether you’re drafting contracts or pleadings, you can also take advantage of these design techniques in your legal documentation. Here are three techniques:
Size: Our eyes are naturally drawn to larger elements. Consider using larger fonts for the most important information in the document.
Contrast: Playing with light and dark elements creates visual interest and emphasizes important information. Even something as simple as using BOLD can help draw in the reader’s attention or delineate headings, facts or different points.
Negative Space: The empty space around wording can be just as important as the words themselves. Use of negative space isolates and draws in attention to key elements of the document.
Like good writing, visual hierarchy is essential to good document design. Given that we’re constantly bombarded with content, it’s important that the document’s design allows the viewer to grasp the main idea as quickly as possible and encourages them to read more deeply. Good visual hierarchy can help improve clarity and communication, enhance the User’s Experience, boost engagement and most importantly, encourage the reader to explore the document further.
Here is a short, illustrative (and redacted) example of good visual hierarchy used in a compliance policy we recently worked on:
[Click image to a see larger version.]
Lawyers, next time you’re drafting a legal document, try practicing visual hierarchy by using this simple exercise:
- Draft the legal document, print it or pull it up on screen and then read it carefully. Pull out a pen or digital highlighter and highlight:
- the key message(s)
- the most important Information
- Rank the messages or important information in order of importance (#1, #2, #3).
- Start playing with size, contrast and negative space. Can anything be bolded, pulled out or highlighted in some way?
- Do it.
- Show the document to someone else. Ask a colleague, friend, neighbour or family member to take a quick glance at your document (under a minute). Then quiz them. Ask them to summarize the most important points.
In the end, if another person can summarize your legal document quickly, you’ve successfully done it! You’ve created good visual hierarchy. If they can’t or if they miss some important points, start again at Step 1 and ‘iterate‘ the visual hierarchy design.
Visual hierarchy isn’t about aesthetics or creating something that’s pretty to look at. It is about substance and meaning. Creating a well-organized, thoughtful, clear and concise document that resonates takes effort, time, and makes a bigger impact on the reader. Visual hierarchy allows the writer to achieve goals with their audience.
But, how do you know if you’ve got ‘it’ right? Well, you’ll know it when you see it. We all do.