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The legend symbol can display an opaque shade for polygons or marker symbols assigned transparency values.
At 9.3, the option to simulate transparency in legends is set on the Data Frame Properties > General tab.
By default, this setting is off (unchecked) for maps created with versions of ArcGIS prior to 9.3, but it can be turned on if desired. So when a 9.2 map is opened in 9.3, this setting will be off by default and visibly, there will be no difference between 9.2 and 9.3 in how the legends for transparent layers appear. This setting is automatically checked for new data frames created in existing map documents.
Transparency can be mimicked in the legend, but to do this, it is necessary to convert the legend to graphics.
The following steps provide a way to assign the transparent shade to the legend symbol.
The color dialog box displays the color name in Red, Green, Blue combination.
The displayed color will now be saved to the color palette style.
If there is no legend in the layout view, add it by clicking on Insert > Legend.
Do this twice to completely ungroup the legend patches and text.
The legend is now a graphic and is no longer linked to the data frame.