Page 20 - Delaware Lawyer - Summer 2020

FEATURE
from those articles and includes some of our own.
TIP #1: Review and Follow the Court’s Rules
Of course, the start and end point are the applicable local rules of the court. Courts may specify the for- mat, fonts and other key aspects of electronic filings. It is obvious but critical to follow those rules. Check for updates to those local rules as courts make adjustments based upon recent experiences.
TIP #2: Provide the Reader with Context
Use descriptive headings and road- maps to situate the text for the read- er. Similarly, to help orient the reader within a text, do not use simple page numbers, but instead use the format of “1 of __” pages. “With a paper docu- ment, we sense our approximate loca- tion in the document: We know, with- out conscious effort, whether we are near the beginning, the middle, or the end.”17 On a screen, some extra help from the author is needed.
Footnotes should be avoided if they cause the text to either scroll to the footnote or to jump to it. Likewise, some simple things can be done to avoid the potential distraction caused by hyperlinks. Hyperlinks are often
underlined, and so any emphasis to text should be done in either italics or bold font (but not both in the body of a text!). Because screen-based text al- ready lacks the same tactile signals as paper, it is important not to increase disorientation.
TIP #3: Actively Combat the F Reading Pattern
Other strategies arise from the F pattern, and from readers’ belief that they are fully comprehending screen- based text. The following strategies can be used to overcome these shortcom- ings of electronic texts:
• Use short, strong topic sentences;
• Regularly summarize arguments and facts;
• Use more and more meaningful headings and sub-headings to provide roadmaps;
• Insert more diagrams, charts and tables, both to assist in compre- hension but also to provide the annotations the reader might do on paper;
• Use fonts such as Century School book, Garamond and Georgia;18
• Include lists (like this one) with one line per item if possible; and
• Include additional white space and do not fully justify the text.19
Visually engage screen readers by embedding pictures and diagrams in the document that can call the reader’s attention to key information and alleviate some of the monotony of text.
TIP #4: Leverage the Comparative Advantages of Screen Readers
Obviously, there are compara- tive advantages to screen reading and screen writing: both were popular for many reasons long before courts per- mitted e-filing or banned paper sub- missions. Portability and environmen- tal friendliness do not explain all of that popularity. Obviously, computers and electronic readers possess capabili- ties that paper does not. You should take advantage of them.
One way to leverage technology is to create links and headings within the document to help navigate within it and to assist the reader in orienta- tion. For example, using “bookmarks” in an Adobe PDF file allows for easier navigation within a file.20 Likewise, electronic files permit linking to docu- ments (such as trial testimony or cases cited in the brief), which may be a use- fultool—ifitisdoneinawaythat does not confuse the reader as to how to return to the brief itself.
Another way is to consider using terms that will permit keyword search- ing. For example, be sure to consistent- ly use the same terminology. If you re- fer to a key prior art patent as the “’123 Patent,” for example, do so every time.
18 DELAWARE LAWYER SUMMER 2020