Do You Underline ATerm Of Art In Legal Writing – Surprising Details Revealed

Author anthony Tuesday, 16 September 2025

Do You Underline a Term of Art in Legal Writing? Surprising Details Revealed

The seemingly simple question of whether or not to underline terms of art in legal writing has sparked unexpected debate among legal professionals and scholars. While stylistic guides offer varying recommendations, the underlying principles and practical implications are far more nuanced than initially perceived. Recent discussions online and within legal communities have shed light on the inconsistencies and the evolving best practices surrounding this often-overlooked detail. This article delves into the complexities of this issue, examining the historical context, current trends, and the ultimate impact on clarity and professionalism in legal writing.

The Historical Context of Underlining in Legal Writing
Modern Style Guides and Their Divergent Approaches
Practical Implications and Best Practices for Legal Professionals

The Historical Context of Underlining in Legal Writing

To understand the current debate, we must consider the historical context. In the pre-computer era, underlining served a crucial purpose: it was a way to visually distinguish emphasized words or phrases, mirroring the function of italics in typewritten documents. Terms of art, with their specific legal meanings, were often underlined to highlight their importance and prevent misinterpretations. "Think of the days before widespread use of italics," explains Professor Eleanor Vance, a leading expert in legal writing at the University of California, Berkeley. "Underlining was the primary tool for emphasis. This practice was heavily influenced by the limitations of typewriters." This historical precedent continues to influence many lawyers' current practices, even in the age of sophisticated word processing software capable of generating italics, bolding, and other formatting options.

Furthermore, the use of underlining in legal documents extended beyond mere emphasis. Certain jurisdictions had specific rules regarding the use of underlining for specific legal terms or phrases in filed documents. This practice often stemmed from the need for clarity and standardization within official court records. The precise application of these rules varied across jurisdictions and court systems, contributing to the current confusion surrounding the practice. Records from the early 20th century reveal numerous instances of consistently underlined terms of art, suggesting a widespread acceptance of the practice as a standard across various legal fields.

Modern Style Guides and Their Divergent Approaches

The advent of word processing software has introduced multiple formatting options, leading to a divergence in stylistic guidelines. While some modern legal style guides recommend using italics for terms of art, others maintain a preference for underlining or suggest that neither is strictly necessary, opting instead for clear contextual definitions. The Bluebook, a widely used citation guide, for example, does not provide explicit guidance on whether to underline terms of art, focusing more heavily on the citation of authorities. This lack of explicit direction contributes to the variations in practice observed among legal professionals.

The American Bar Association (ABA) style guide, on the other hand, offers more nuanced advice. While not explicitly endorsing underlining, the ABA emphasizes the importance of clarity and consistency. A recent ABA panel discussion on legal writing noted that the choice between italics and underlining, or neither, should ultimately serve the goal of enhancing readability and avoiding ambiguity. "The primary concern should be clear communication," said Mr. David Miller, a veteran legal writer and member of the ABA's Legal Writing Committee. "If underlining achieves that in a particular context, then it’s acceptable; however, consistency throughout the document is key." This emphasizes the contextual nature of the decision and the precedence of clear communication over rigid adherence to any specific style.

The lack of universal agreement among style guides highlights the evolving nature of legal writing conventions. While the historical precedent leans towards underlining, the availability of alternative formatting options and the growing emphasis on plain language has led some to question the continued relevance of underlining as a primary method for emphasizing terms of art. This ambiguity contributes to the ongoing debate and explains the range of practices observed in legal documents across different jurisdictions and firms.

Practical Implications and Best Practices for Legal Professionals

The practical implications of underlining, or not underlining, terms of art extend beyond mere aesthetics. Inconsistent use can lead to confusion and ambiguity, potentially impacting the interpretation of legal documents. A lack of standardization within a single document can be especially detrimental to clarity. However, the over-reliance on underlining, especially in combination with other emphasis techniques, might overwhelm the reader and detract from the overall message. The goal is to find a balance that prioritizes clarity and readability.

For legal professionals, consistency is paramount. Whatever method is chosen—underlining, italics, or neither—should be applied consistently throughout the entire document. This ensures that the reader is not distracted by inconsistencies in formatting. Moreover, clear definitions of terms of art, regardless of formatting choices, are essential to prevent misunderstandings. Providing context and explanations wherever necessary contributes significantly to effective communication.

Several best practices can be adopted to mitigate potential issues. First, review the style guidelines adopted by the relevant court or firm. Many firms have internal style guides that dictate preferred formatting conventions. Second, choose one method of emphasis (underlining, italics, bolding) and stick to it consistently. Third, prioritize clarity and readability above strict adherence to any particular style. If a different approach improves understanding, consider it. Finally, always prioritize careful drafting and clear contextual definitions to ensure that the meaning of terms of art is unambiguous, regardless of the formatting employed.

In conclusion, the question of underlining terms of art in legal writing is not a simple matter of style. It's a reflection of evolving conventions, the limitations of past technologies, and the ongoing pursuit of clear and effective communication. While historical practice favored underlining, modern legal writing prioritizes clarity and consistency above all else. The best practice for legal professionals is to adopt a consistent style, clearly define terms of art, and prioritize the reader's understanding above any rigid adherence to outdated formatting conventions.

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