Is Letter Legal?

Is it “legal” to use letter size paper in legal matters, such as pleadings. Now to the non-legal mind, the answer would seem simple: For legal stuff, use legal paper.

What makes legal size paper “legal?” The federal courts abandoned “legal” size paper decades ago. We all know that the feds are smarter than everyone else. The bar should have simply followed along. But apparently that hasn’t happened. I was told this week, “All pleadings that leave this office have to be on legal paper.” I have filed pleadings on “letter” paper for years, thus I was a bit offended by this and, more so, by the follow up, “You should start drafting in legal.” Well, let’s get this straight.

In decades of filing on letter paper I have had only I pleading rejected. That was by a court in North Louisiana. Enough said? Last time I was in court in North Louisiana I think the judge was wearing a powdered wig and spoke like Shakespeare.

The first time I had opposition to my letter sized filings came from the infamous J. Minos Simon. When I filed on letter sized paper in a case with Minos, he filed a motion which basically said, “If he can file on letter size paper, I should be able to do so as well.” As I recall the judge said, “okay.” It was the most succinct judicial proclaimation I can recall. Minos was speechless, but only temporarily. As I recall, he kept filing on legal size paper. That should be the greatest argument in favor of letter size.

I thought maybe the local courts were accepting my letter sized pleadings because of some deference to my age or infamy. So I call the clerk and asked. I was told we accept letter and legal pleadings. I asked if there was a rule to that effect and I was told, “They require legal size in federal court, but we don’t.” You can’t alway count on what the clerk’s office tells you.

There are advantages to using letter size paper.

I find that those who write on legal size paper, tend to be verbose, wordy, and generally stuck up. I think there is a subconcious need to fill up the extra space. Plus there is the psychological effect of being “legal.” That results in the use of bigger words and terms that should have been abandoned about the time of the American Revolution.

On the other hand, I have gained a reputation of being brief and, I hope concise. I attribute that to my use of letter size paper and, of course, doing my own typing for many years. My fingers tire easily.

When you practice on your own from your home, using printers designed for home use, it is tricky and cumbersome to feed legal paper into the machines. Another point for letter size.

I like to justify the time spent on certain legal work by providing the number of pages were produced on my bills. Letter size produces more pages. Simple math.

I have to admit that there have been studies that demonstrate that legal paper has a cost savings. There is an article written by Michael F. Walsh, Letter-Size Paper vs. Legal-Size Paper which I can provide upon request. If you request a copy, I will provide a PDF and also put you on my prayer list…. I suspect the cost savings may be the prime motivation to a “all pleadings on legal edict.” I have no evidence. Just a suspicion.

I do note that some court rules refer to “legal” pleadings. I take that to mean “all paper that is legal whether it is letter or legal size.” I admit that’s a stretch, but those courts still accept my letter size pleadings.

I do note that things like transcripts of depositions are on letter size paper. It is my contention that court reporters have always been wiser than lawyers….

I like to print out pleadings for review before filing. Since my home printer has a preference for letter size paper, I will continue to format my pleadings in letter size. I will try not to notice that the printed copy I am provided to sign has been changed to legal size. I think I can be that accomodating.

I doubt I have changed anyone’s mind or impacted the “firm policy” but I appreciate the opportunity to vent. I will try to remember that what’s on the paper is much more important than the size of the paper. At least it is to me.