Forms for Civil Practice Thomas Keefe, Associate Director for Instruction And Electronic Resources The John Marshall Law School March 26, 2008.

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

Final Thoughts

Forms are intended as a starting point Advantage of forms online

Restrict search to title to narrow Westlaw better for litigation forms LN better for transactional forms Many books now include forms on CD

Check record Advantage of forms online

Forms via the Internet