24 Onstream Why e-filing is changing the way American judges read legal arguments By Robert Dubose and Charles Frazier of Alexander Dubose & Townsend LLP Robert Dubose Partner, Alexander Dubose & Townsend LLP – Robert Dubose is a partner in the Houston office of Alexander Dubose & Townsend LLP. He is a board-certified civil appeals specialist who helps develop appellate strategy before and during trial and represents insurers and their insureds on appeal. Mr Dubose has taught law school courses University of Houston Law Center, including Appellate Advocacy and Insurance Appeals. He is the author of a book on legal writing in the digital age. Charles Frazier Partner, Alexander Dubose & Townsend LLP – Charles Frazier is a partner in the Dallas office of Alexander Dubose & Townsend LLP. He is a board-certified civil appeals specialist with extensive experience representing insurers and their insureds in both Texas and federal appellate courts. Mr Frazier has successfully argued before the Supreme Court of the United States. He has written articles on persuasive legal writing, staying execution of judgments during appeal, and developing a national litigation strategy for insurers and other large corporations. E-filing is changing the way American judges read legal arguments. More and more courts are adopting e-filing of legal documents. When they do, they also tend to adopt electronic-document management, which means that judges access documents by computer instead of paper files. Over time, most judges and court staff begin to read arguments, not on paper but on screens. As researchers have discovered, screen reading has altered how the general public read texts. These new reading patterns are reflected in the differences in the appearance of web text from print text. In response to changing reading patterns on screens, web designers and electronic publishers modified the look of electronic documents to make screen reading easier. On the Internet, texts are shorter. Paragraphs are shorter. Headings are frequent. Structure is more visible. Therefore, e-filing – and e-reading – ought to make lawyers and insurers rethink legal writing in American courts. However, this change has progressed slowly. American law schools continue to teach a writing style geared to paper readers – long text, long paragraphs, and complex, lengthy development of arguments. Yet countless web pages illustrate that screen readers prefer something different. These changing reading habits are a particular concern to insurers and their lawyers, who must convey complex information – often to judges and law clerks with little knowledge of the subject. © 2013 Xchanging