To make it even easier to jump on the visuals train, this guide will explore visuals that you might consider in your next brief or motion.
Nearly every case has a litany of important events, and the chronology is often muddled. Timelines give your reader a unique view of how developments unfolded—a view that, in some detailed cases, may be impossible to do well in prose.
Consider using a table whenever you have information to compare or contrast, side by side. Examples include juxtaposing evidence, juxtaposing allegations, juxtaposing cases, juxtaposing arguments—or any other information that you can compare for effect. Tables are also great for presenting large amounts of data and sorting it into categories.
This example comes from a lawyer who used a table right in his brief to show the contradictions between what the plaintiff alleged in his complaint and what he said in a declaration:
| The Complaint |
Witness's Declaration |
| Dr. Neal Schultz. Crushed walnut shell powder in St. Ives Apricot Scrubs are too abrasive for the face's skin. (Compl. ¶ 6 n.2) |
He does "not routinely warn" consumers against using St. Ives and similar products containing crushed walnut shell. (Choi Decl., Ex. K (Declaration of Neal B. Schultz, M.D.) ¶ 2.) |
Tables can be effective at demonstrating imbalances. Here's a modified example that uses a table to show an imbalance between policy interests (credit to professors Steve Johansen and Ruth Anne Robbins and their fabulous
article):
driver's license suspension hearing
civil restraining order hearing
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Order of restraint from contacting victim in any way
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Limitation or suspension of parenting time
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Fingerprinting and registry in statewide batterer database
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Mandated batterer counseling
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Restraint from specified place where victim might live or work
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Payment of mortgage or rent even if not living in home
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Loss of personal property including animals or pets
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Police supervised removal of belongings from home
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Prohibition on purchase or use of firearms
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Mandated psychiatric or drug testing evaluations
Textual call-outs are powerful emphasis tools that will force your reader to remember something. Simply create a snippet of the most powerful phrases or sentences in your document, and set it off on the page. You can also use them instead of bullets. (Example based on original from Professors Johansen and Robbins.)
Duty of Loyalty
A general partner cannot:
duty of care
A general partner must act:
Charts and graphs are useful whenever you have data or information to compare, contrast, or plot out over time or space.
Line graphs are useful for displaying how information or data changes over time. In this case, average temperatures over a one-year period.
Bar charts can be great for displaying imbalances or spikes in data. For example, in this completely made up bar chart for cases filed in the 9th Circuit, we can see a large spike for filed cases in Q3 of 2019.
Maps are great for making any sort of spatial or location points. You can annotate a map to show where a company’s offices are or where important events unfolded.
There are many reasons why you might want to include an image in your brief.
Good IP attorneys, for example, often use pictures to make points about how products or logos compare. Take this example from a trademark dispute between Apple and another company.
Consider the below image and how an attorney might use it to emphasize the damages their client, a landlord, suffered:
You can also use images to reconstruct important events, like this truck accident reconstruction below.
If your case has a lot of people or you need to explain the relationships between different key players, then a cast of characters or org chart can do wonders.
This pretty fancy org chart shows the relationship between the COO and other employees. It could really help a judge or decision-maker understand a company's organizational structure.
When your case has a cast of characters, and it will be tricky for your reader to keep track of who is who, consider creating a legend at the outset of your brief (or as an appendix). The below is a fairly fancy made-up example for a case involving a single plaintiff and a host of employees from Acme, Inc.
If you have a list of points, reasons, or related facts, consider using bullets or icons to summarize them. These are powerful emphasizing tools, making it easy for your reader to take stock of the size of the list.
Bullets are perhaps the simplest visual you can add to your legal documents. Judge Diane Wood uses this device in one of her opinions, using bullets to make her readers notice the many reasons supporting her argument:
Columns can be a great way to visually break up information—when done sparingly. It's most useful for summarizing more complex information that you plan to explain in more detail later.
Element 1
Intent
The defendant intends to cause contact with the victim.
Element 2
Contact
The defendant actually makes contact with the victim.
Element 3
Harmful or Offensive
The defendant's contact is harmful or offensive to the victim.
Flowcharts are amazing at showing how processes work. Use them to show steps or any other procedure being carried out. For example, say your case hinges on your client's customer service process or workflow. Displaying that visually can help make the process crystal clear.
Here are some additional thoughts on how to make sure you're getting the most out of visuals in your legal writing.
Explain upfront
Always explain the visual beforehand (like a block quote). And do so thoughtfully. Let your reader skip the visual if they like. You should never force your reader to use a visual, lest they resent you for it.
move it to the back
Consider whether it will be less risky, and easier, to include a visual as an attachment or appendix rather than inserting it into your brief. Usually, if it’s important, it can be inserted into your brief and formatted smoothly. But if you have any sense that your reader will balk at the visual, put it in the back.
color matters
Use colors when you can—especially to show contrasts, similarities, and groupings.
label
Label everything thoughtfully and concisely. Use legends that are as simple and stylistic as your prose.
Keep it simple
Keep it simple: Complex visuals can become harder to decipher than writing. If you are getting to that point, cut it. Otherwise your visual will become a distraction.
Above all, as federal judges Jennifer Dorsey and Andrew Gordon pointed out in reviewing this guide: Visuals are no replacement for good writing. Visuals can be a helpful supplement, but you can easily overdo it and shirk your writing. So lead with good writing and use thoughtful visuals if helpful.
