And I’m Getting Rid of Underlining, Too

In MSCD 12.9, I recommend using underlining to emphasize section headings, each defined term when it’s being defined, and references to exhibits and schedules.

Underlining—or rather underscoring, to use typographer terminology—is a typewriter convention created to approximate common typographic effects that couldn’t be achieved with a typewriter. Typographers don’t like it. James Felici, The Complete Manual of Typography (2003), notes that in word-processing programs underscoring is too close to the baseline, causing it to overlap descending letters. It says that the effect is “not pretty, and you should avoid using it.”

Nevertheless, I’ve been reluctant to use the obvious alternatives, namely bold or italics. In MSCD 12.15, I say “Do not use boldface: it is too emphatic and makes words leap off the page. And do not use italics, except perhaps in amendments, as noted in 14.20: it is too subtle.”

But this has nagged at me, so once I decided that I like Calibri (for more on that, see today’s post on typefaces), it made sense for me to see what bold text looked liked compared to underscored text. And lo and behold—I liked the bold Calibri.

So not only am I proposing to dump Times New Roman and Arial in favor of Calibri, I’m also proposing to use bold type instead of underscoring. Sorry for pulling a switcheroo on you.

In terms of a reason for my change of heart, it may be that my aversion to bold text was simply a function of my aversion to Times New Roman. But also, Simon Daniels, the program manager of Microsoft’s typography group whom I consulted regarding typefaces, mentioned that some fonts, when tuned for the screen, look extra bold. With ClearType (discussed in today’s post on typefaces) you avoid that problem.

Note that I still prefer bold to italics for emphasizing contract text.

In any event, here’s the cumulative effect of today’s typography convulsions: click here to see a PDF of a sample page of a contract using Times New Roman and underscored text; click to here see a PDF of the same page using Calibri and bold text.

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.