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	<title>Comments on: Judges spell out language for disclaimer on lawyer’s blog&#160;</title>
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	<link>http://valawyersweekly.com/2012/07/17/judges-spell-out-language-for-disclaimer-on-lawyers-blog/</link>
	<description>VA Lawyers Weekly</description>
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		<title>By: fred@fhklaw.net</title>
		<link>http://valawyersweekly.com/2012/07/17/judges-spell-out-language-for-disclaimer-on-lawyers-blog/comment-page-1/#comment-31271</link>
		<dc:creator>fred@fhklaw.net</dc:creator>
		<pubDate>Tue, 17 Jul 2012 18:35:43 +0000</pubDate>
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		<description>Oops. That should say &quot;all caps is inappropriate for almost any use.&quot;  That spacebar can sure change the meaning of a sentence....</description>
		<content:encoded><![CDATA[<p>Oops. That should say &#8220;all caps is inappropriate for almost any use.&#8221;  That spacebar can sure change the meaning of a sentence&#8230;.</p>
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		<title>By: fred@fhklaw.net</title>
		<link>http://valawyersweekly.com/2012/07/17/judges-spell-out-language-for-disclaimer-on-lawyers-blog/comment-page-1/#comment-31270</link>
		<dc:creator>fred@fhklaw.net</dc:creator>
		<pubDate>Tue, 17 Jul 2012 18:34:01 +0000</pubDate>
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		<description>Ben is right about the science of advertising and the readability of disclaimers. I don&#039;t have the research sitting on my desk right now, but it&#039;s out there. 

Anybody who has any knowledge or training in the use of email and the internet (sadly, this excludes a great deal of our profession, and a sizable portion of our judges) knows that anything in all caps is in appropriate for almost any use. It is harder to read, is ignored, and has the opposite effect as that intended by our well-meaning but entirely misguided enforcement agencies.

Actually, Butterick&#039;s &quot;Typography For Lawyers&quot; could probably be considered authoritative in the field  -- and ought to be required reading for any dunderhead who thinks all caps has any purpose other than to emphasis a word or two (Ben&#039;s use was entirely appropriate) or to identify a section of a memo or brief.

Personally, I think Mr. Hunter needs no disclaimer whatsoever, but should never mention a client&#039;s name. I don&#039;t blog, but if I ever do, there will no disclaimer, and no client names - ever.</description>
		<content:encoded><![CDATA[<p>Ben is right about the science of advertising and the readability of disclaimers. I don&#8217;t have the research sitting on my desk right now, but it&#8217;s out there. </p>
<p>Anybody who has any knowledge or training in the use of email and the internet (sadly, this excludes a great deal of our profession, and a sizable portion of our judges) knows that anything in all caps is in appropriate for almost any use. It is harder to read, is ignored, and has the opposite effect as that intended by our well-meaning but entirely misguided enforcement agencies.</p>
<p>Actually, Butterick&#8217;s &#8220;Typography For Lawyers&#8221; could probably be considered authoritative in the field  &#8212; and ought to be required reading for any dunderhead who thinks all caps has any purpose other than to emphasis a word or two (Ben&#8217;s use was entirely appropriate) or to identify a section of a memo or brief.</p>
<p>Personally, I think Mr. Hunter needs no disclaimer whatsoever, but should never mention a client&#8217;s name. I don&#8217;t blog, but if I ever do, there will no disclaimer, and no client names &#8211; ever.</p>
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		<title>By: jbieber@joelbieber.com</title>
		<link>http://valawyersweekly.com/2012/07/17/judges-spell-out-language-for-disclaimer-on-lawyers-blog/comment-page-1/#comment-31269</link>
		<dc:creator>jbieber@joelbieber.com</dc:creator>
		<pubDate>Tue, 17 Jul 2012 15:52:04 +0000</pubDate>
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		<description>I&#039;m not sure that I would call his result a &quot;win&quot;, after all  that he has been through..</description>
		<content:encoded><![CDATA[<p>I&#8217;m not sure that I would call his result a &#8220;win&#8221;, after all  that he has been through..</p>
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		<title>By: ben@benglasslaw.com</title>
		<link>http://valawyersweekly.com/2012/07/17/judges-spell-out-language-for-disclaimer-on-lawyers-blog/comment-page-1/#comment-31268</link>
		<dc:creator>ben@benglasslaw.com</dc:creator>
		<pubDate>Tue, 17 Jul 2012 15:41:10 +0000</pubDate>
		<guid isPermaLink="false">http://valawyersweekly.com/?p=68378#comment-31268</guid>
		<description>I&#039;m curious. Does anyone have any objective evidence that (1) disclaimers make any difference at all to a reasonably prudent consumer or that (2) all caps or font size make a difference?

The science from the advertising world is that all caps is HARDER TO READ than lower caps. 

Mr Hunter should probably just comply with the disclaimer issue since it really makes no difference whatsoever to the consumer. He won on the larger issue which was the right to blog about specific cases. 

I do wonder, however, how may potential clients he maybe losing who read his blog and say to themselves &quot;gee, I&#039;m not sure I want my name splashed on the Internet, especially if I win my case&quot;</description>
		<content:encoded><![CDATA[<p>I&#8217;m curious. Does anyone have any objective evidence that (1) disclaimers make any difference at all to a reasonably prudent consumer or that (2) all caps or font size make a difference?</p>
<p>The science from the advertising world is that all caps is HARDER TO READ than lower caps. </p>
<p>Mr Hunter should probably just comply with the disclaimer issue since it really makes no difference whatsoever to the consumer. He won on the larger issue which was the right to blog about specific cases. </p>
<p>I do wonder, however, how may potential clients he maybe losing who read his blog and say to themselves &#8220;gee, I&#8217;m not sure I want my name splashed on the Internet, especially if I win my case&#8221;</p>
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