Some documents, such as letters, internal memos, and court briefs, are within your exclusive control, so you can format them any way you like.
But if you’re working on documents with other lawyers—the most common examples are contracts, settlement agreements, etc.—you have less control and should adjust the typography accordingly.
The major problem is font choice. If you format your document with a font that your collaborator doesn’t have, the document won’t show up on their screen properly.
For maximum compatibility, use a system font. This is one of the few times that a system font is your best choice. Your collaborators are likely to have it and those fonts look good on screen, where much of the collaboration happens.
Still, even when you use system fonts, 100% visual fidelity is not guaranteed. This is one reason some lawyers, me included, like to use numbered paragraphs when working on documents with other lawyers—it lets everyone refer to content unambiguously, because line breaks and page breaks can change unpredictably (i.e., “paragraph 3.1.2″ is the same thing no matter where it is in the document; “the paragraph at the top of page 5″ might change). Once the content of the document is finalized, you can clean up the formatting.
If it’s critical that your document appear the same way on your collaborator’s screen as it does on yours, the only foolproof technique is to share PDF files and use commenting and review tools on the PDF (e.g. using Acrobat).
The new docx format allows you to embed fonts into the document (Windows only). Isn’t this still preferable to using an operating system font, or PDF?
Perhaps — I haven’t tried it. However, this technique assumes that your collaborators a) are all using Windows and b) can read & write .docx files. If you can guarantee those two conditions, great. If you can’t, you’re back to unpredictable formatting.
Windows now has a patch you can download so the older versions can convert .docx files. If you are at a big firm that doesn’t let you do registry edits, you may not be able to install it.
I agree with your suggestions for during negotiations, but I think you’re letting folks off the hook. Granted - when you’re collaborating on a document, it should probably just be in Times New Roman, but that doesn’t mean the finished product has to be.
Before computers, lawyers would draft these documents by hand or on typewriters, and then send them to a printer for finishing. Most lawyers (or their admins) will still check the formatting of a document before giving it to a client for signature. Why not change the font, add kerning, make line height adjustments, etc. then?
Incidentally, this is how I write my court submissions. Everything is default until the draft is done, so I can focus on the law. Then I proofread and make corrections, and then formatting comes at the end. (Like a wash and wax.)
I agree with you in principle. But I’m aware from personal experience that certain lawyers take umbrage if you reformat documents after the collaboration phase. If you’re working with lawyers who appreciate your visual flair, go for it.
Unfortunately, in my large-firm setting, this rule applies to every single document I draft. Between that and partners’ adherence to inaccurate and outdated rules, I have learned to suppress my inner type geek at work (or at least repress him until I can get us both home to the Vandercook.)