Forms for Civil Practice Thomas Keefe, Associate Director for Instruction And Electronic Resources The John Marshall Law School March 26, 2008.
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Forms for Civil Practice
Thomas Keefe, Associate Director for Instruction
And Electronic ResourcesThe John Marshall Law School
March 26, 2008
Why forms?
Drafting documents: what lawyers do Licensing intellectual property Civil rights section 1983 complaint Employment agreement w/ restrictive
covenant Jury instructions in securities case Fee splitting with multiple counsel
Why use form “books” No better template available Ask an expert Two heads are better than one Make sure you have all
elements/clauses Don’t reinvent the wheel
Caveat on using generic forms
Types of Forms Litigation forms:
complaints, motions, discovery, jury instructions, court forms
Transactional forms: employment agreements, corporate
transactions (M&A), licensing agreements, wills & trusts, real estate transactions
Law practice forms: client letters, retainer agreements, fee-
splitting agreements, HR forms, accounting
Where do I Find Forms?
Encyclopedic form books Treatises/ practice materials with forms
CD-Roms Online databases
Westlaw: (1) forms-all (2) il-forms LexisNexis:
(1) Illinois > search forms and drafting instructions
(2) Legal > Secondary Legal > Forms & Agreements
A note for CBA members and alums Free Internet Forms
How do I locate forms?
Library catalog: su=‘forms’ 302 subdivisions
740 titles Forms-civil procedure-u.s. 31 Forms—contracts—u.s. 9 Forms-law-Illinois 70 Forms-estate planning-Illinois 6 Forms-Instructions to Juries 31
Keyword searching for formbooks contracts and forms Illinois and forms
Bibliography Ask a reference librarian Forms online
Forms You Should Know About: Encyclopedic Form
Books American Jurisprudence Legal Forms
62 volumes 22,000 in 268 legal topics from
abandoned property to zoning each topic contains drafting guide and
notes on use West’s Legal Forms
61 volumes Section titles cover: Business
Organizations, Retirement Plans, Debtor—Creditor Relations, Real Estate Transactions, Domestic Relations, Estate Planning, Commercial Transactions, Elder Law, Patents, Copyrights and Trademarks, Employee Benefit Plans, Employment Agencies, and Service Agreements
Illinois forms Why should I care?
You never know what you are going to have access to
Searchable online (Westlaw: Forms-All) Great for fishing
Forms You Should Know About:
Litigation-related Form Books American Jurisprudence Pleading
and Practice Forms 82 volumes 43,000 drafted, practice- and
court-tested state and federal forms,
Checklists, and timetables needed for every stage of a case.
Includes statutory and procedural rules references.
Covers notices, complaints, petitions, declarations, summonses, demurrers, answers, counterclaims, cross-complaints, interrogatories, replies, motions, affidavits, stipulations, bills of particulars, subpoenas, orders, writs, jury instructions, findings of fact, judgments, bonds, decrees, and much more.
Forms You Should Know About:
Litigation-related Form Books Causes of Action
32 volumes Extensive guides to
research, practice, and procedure
Damages awards survey, and litigation forms
Practice checklists and sample cases
Available via Westlaw IICLE Causes of Action:
Elements, forms, winning tips--Tort Actions
Summary of contents IICLE Causes of Action--
Elements, forms, winning tips--Business & Non-Personal Injury Actions
Summary of Contents
Forms You Should Know About:
Litigation-related Form Books Bender's Forms of Discovery
about 30 volumes more than 200 title categories of
sample interrogatories from Accounting to Zoning
Available on LexisNexis
Am Jur Proof of Facts 53 volumes Provides expert advice on preparing
your case, quickly determining the facts essential to winning your case and proving them, and determining which cases to take or refer.
Includes strategies, tactics, and practice tips and tools for every stage of trial preparation.
Contains extensive checklists, sample interrogatories, model discovery forms, sample proofs, diagrams, as well as artwork and illustrations.
Forms You Should Know About:
Litigation-related Form Books Sources of Jury Instructions
Federal No general set of approved instructions
Federal Jury Practice and Instructions West publishing 9 volumes aka Devitt & Blackman
Modern Federal Jury Instructions LexisNexis 5 volumes & pattern instructions
Individual circuits often have their own pattern instructions
7th circuit
Jury Instructions by subject Individual titles put out by ABA committees Litigation practice treatises
Forms You Should Know About:
Litigation-related Form Books
Jury Instructions Illinois
Pattern: Illinois pattern jury instructions:
civil, IPI
Illinois pattern jury instructions: criminal, IPI
Non-pattern: Illinois non-pattern jury instructi
ons 3d : annotated IPI companion (West)
Illinois forms of jury instruction (LexisNexis)
Forms You Should Know About:
Transactional Form Books
Transactional forms include:
Contracts Employment agreements Commercial agreements Securities filings Intellectual property
filings Family law/ estate
planning documents
Forms You Should Know About:
Transactional Form Books
Current Legal Forms w/ tax analysis (Rabkin and Johnson)
34 volumes Includes tax background, practice background,
checklists covers corporate, commercial, intellectual
property, domestic relations, employment, and computer agreements,
Summary of contents Available on LexisNexis
Midwest Business Transaction Guide 14-volumes covers Illinois, Indiana and Michigan Summarizes state and federal law, relevant
statutes, important regulations and secondary legal sources.
state-by-state guide to business, wills and trusts, commercial, real estate and personal transactions.
Include discussions of current business practices, tips for drafting and reviewing documents, and a procedural guide.
(LexisNexis) Summary of Contents
Forms You Should Know About:
Transactional Form Books
Warren's Forms of Agreement 8 volumes Topics covered include: business
organizations, computer agreements, real estate, commercial loans, and intellectual property.
Summary of Contents Transactional forms on LexisNexis
Legal > States Legal - U.S. > Illinois > Search Forms & Drafting Instructions
Forms You Should Know About:
Transactional Form Books Estate Planning form books
Start with IICLES Covered in transactional form books Search the catalog
Law practice forms Essential formbook
ABA Law Practice Management Section 4 volumes
Volume I: Partnership and Organizational Agreements / Client Intake and Fee Agreements
Volume II: Human Resources / Fees Billing and Collection
Volume III: Calendar, Docket, and File Management / Law Firm Financial Analysis
Volume IV: Disaster Planning and Recovery / Risk Management and Professional Liability Insurance
Letters for lawyers Illinois Law Office Practice Forms IICLEs
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