Give It a Little Space
Whether they like to think themselves as document designers or not, the fact is that lawyers these days spend more time designing or formatting documents than they do in court. And their lack of expertise in this arena shows.
This first example is a typical Texas court filing with its Microsoft-inspired indentions and all-capitals headings. Focusing just on the "Statement of the Issue" heading, it is readily apparent that the lawyer just hit the return key after typing (ROA 91–102). He then hit the return key again after typing in his heading in all capitals.
Good document design says that we should leave a wider space between our text and a subsequent heading.
As Montagnes says, headings aren't supposed to float on the page, detached from any sort of text. They should be designed by the writer to guide the reader into the next segment of facts or phase of argument.
The second example demonstrates the difference a little space can make. Here, the writer finishes up whatever he has said about admissions under Rule 11, and then turns his attention to a different part of his argument. The space gives the reader a mental breath before he dives a different plank of the argument.
While the added space might be a small thing on paper, it's a big piece of the art of persuasion. The unspaced header immediately reminds one of boilerplate language, and who wants to read that? It makes the argument look like it is just a stream of consciousness. The spaced header, on the other hand, informs the reader that the writer has been careful with his thoughts, and lines of argument.