Modern Headings: Wisdom from Judge Guilford

Last week's DJ ran an article by OC's Judge Andy Guilford titled Modern Headings to Head Readers the Right Way that should be of note to the appellate world -- because our briefs and opinions always have headings ... right? The piece makes several key points:

• First, please let's all stop using roman numerals.
• Second, headings should actually "say something," e.g., not "Laches" but "Laches bars the counterclaim."
• Third, the "modern" style of headings is lot more useful than the traditional roman numeral/indent/outline form. What is this modern style? Well, here are the headings from the article:

1.0 A HEADS UP ON HEADINGS

      1.1 Today's Heading Style is Broken and Needs Fixing

      1.2 A Great Tool: Hierarchical Headings with Advancing
            Modern Numerals

      1.3 A Great Tool: Headings That Inform

2.0 THE SUPREME COURT'S "QUESTIONABLE" PRACTICE

3.0 CONCLUSION

Do any judges actually use this method? Yes, Judge Guilford references three other federal judges. Do any lawyers actually use this method? Yes, some do! And experts in the field recommend it: See Matthew Butterick's Typography for Lawyers: Essential Tools for Polished & Persuasive Documents" 106-107.

"Perhaps the days for Roman numerals are numbered. America's greatest sporting event at long last is embracing the 21st century: Super Bowl 50 will carry exactly that crisp, modern name. Apparently when you're selling bread and circuses (and anything else for $133,000 a second), "Super Bowl L" is a flub. Maybe judges and lawyers should grab that ball and run with it."