Locating Practice Materials

Transcription

1 PRACTICE MATERIALS Prepared for Bridge the Legal Research Gap, 2011 Originally prepared by Kelly Kunsch. Updated by Stephanie Wilson (2010) and Cheryl Nyberg (2011). These resources are meant to be representative, not exhaustive. Locating Practice Materials Georgetown Law Library Treatise Finder This website describes treatises and practice aids for almost 75 topics. Entries include flags indicating whether the item is introductory material or a leading authority on the topic. Zimmerman s Research Guide: An Online Encyclopedia for Legal Researchers This free site is sponsored by LexisNexis, but don t let that discourage your use; it includes sources from all publishers. The content is written by law librarians, with succinct entries and links to free primary sources and key treatises or practice aids. Svengalis, Legal Information Buyer s Guide and Reference Manual (Rhode Island LawPress). 1 volume & CD-ROM. Annual. This is the secret weapon of law librarians who need to decide what to purchase. The Guide contains descriptions and recommendations about sources for more than 60 topics, including administrative law, banking, gambling, insurance, telecommunications, and zoning. Forms Forms can be found in many treatises and practice sets, on court websites, and in LexisNexis and Westlaw databases. Below are some favorite sources. Washington Washington Practice (Thomson West). 25+ volumes & Westlaw. Covers civil and criminal procedure, as well as practice areas such as construction law, contracts, creditor/debtor, elder law, family and community property, probate, real estate, torts, and the UCC. Many volumes include sample forms. Washington State Bar Association Deskbooks: Multiple titles in print & Loislaw. Many deskbooks include forms. A list of deskbooks is included in this guide. 1

2 Washington Lawyer s Practice Manual (King County Bar Association). 8 volumes & CD- ROM. Some sections include forms. Federal Bender s Federal Practice Forms (Matthew Bender). 20 volumes & LexisNexis. Contains hundreds of relevant forms. West s Federal Forms (Thomson West). 19 volumes & Westlaw. Hundreds of forms arranged in order by federal rule number for practice before the U.S. appellate, district, and Supreme courts. General American Jurisprudence Legal Forms, 2d ed. (Thomson West). 62 volumes & Westlaw. The grand-daddy of form books. Includes forms for transactional personal, business, state and federal maters, arranged in broad topical areas. Each topic has introductory comments, checklists, and lists of practice aids. American Jurisprudence Pleading and Practice Forms Annotated (Thomson West). 79 volumes & Westlaw. The only major set of pleading and practice forms. Includes more than 30,000 forms covering all types and phases of state and federal court proceedings. Most have been taken from files and court records. Forms include reference to applicable state statutes and court rules. Nichols Cyclopedia of Forms (Thomson West). 39 volumes & Westlaw. Contains forms grouped alphabetically into 225 topics, each with a brief outline of the law. Where appropriate, tax issues are discussed. West s Legal Forms (Thomson West). 36 volumes &Westlaw. Contains transactional forms on topics ranging from business organizations to patents. Fletcher s Corporation Forms Annotated (Thomson West). 21 volumes &Westlaw. This exhaustive collection includes actual forms used by attorneys, official state and federal forms, and unofficial model forms. Covers pre-incorporation contracts, articles and bylaws, corporate organization, consolidations and mergers, foreign corporations, nonprofits, and more. 2

3 Practice Materials for Washington Below is a selection of materials about practicing law in Washington State. General Sources Washington Practice (Thomson West). 25+ volumes & Westlaw. Includes descriptions of most practice areas and court procedures. Includes civil and criminal pattern jury instructions. For more information see the description of this source on page 1. Washington Lawyers Practice Manual (King County Bar Association). 8 volumes & CD- ROM. Includes guides to the King, Spokane, Clark and Snohomish County courts. Covers topics such as case filing procedure, obtaining a court reporter, setting cases for trial, and procedure in ex parte. Chapter titles include civil trial practice, appellate practice, damages, personal injury, evidence, collecting claims and enforcing judgments, consumer law, domestic relations, probate, guardianship and estate planning, tax, ADR, business law, real property, commercial practice, criminal trial practice, employment discrimination, bankruptcy, land use and environmental law, Indian law, and construction law. WSBA Deskbooks & Other Subject-Specific Treatises Below is a nearly complete list of deskbooks and commercially published practice sets, organized by topic. Most of these titles are updated by supplements or new editions. If you employer subscribes to Loislaw, you will find the WSBA deskbooks there. Business & Labor Law Doing Business in Washington: A Guide for Foreign Business and Investment (WSBA). 1 volume & CD-ROM. Employment in Washington: A Guide to Employment Laws, Regulations, and Practices, 4 th ed. (Lexis & LexisNexis). Washington Antitrust and Consumer Protection Handbook, 3d ed. (WSBA). Washington Business Entities: Law and Forms (Matthew Bender & LexisNexis). 3 volumes. Washington, Oregon, and Alaska Limited Liability Company: Forms and Practice Manual (K&L Gates). 2 volumes. Washington Partnership and Limited Liability Company Deskbook (WSBA). Washington Secured Transactions Under Revised Article 9 of UCC: Forms and Practice Manual (Data Trace Pub. Co.). 3

4 Family Matters How to Draft Effective Wills and Trusts for Your Clients in Washington (National Business Institute). Washington Community Property Deskbook, 3d ed. (WSBA). Washington Estate Planning Deskbook, 3d ed. (WSBA). Washington Family Law Deskbook, 2d ed. (WSBA). 3 volumes. Washington Family Law Reporter (Catalyst Pub.). A case reporter published 3 times a year. Washington Guardianship Law: Administration and Litigation, 3d ed. (Lexis & LexisNexis). Washington Law of Wills and Intestate Succession, 2d ed. (WSBA). Washington Life Insurance Trust Deskbook, with Model Forms and Annotations, 2d ed. (WSBA). Washington Probate Deskbook (WSBA). Washington Probate Procedure and Tax Manual, with Forms, 3d ed. (WSBA). 2 volumes & CD-ROM. Practicing Law Attorney Fees in Washington (Lodstar Pub.). The Law of Evidence in Washington (Matthew Bender & LexisNexis). Washington Administrative Law Practice Manual (Butterworth Legal Publications & LexisNexis). Washington Appellate Practice Deskbook, 3d ed. (WSBA). 2 volumes. Washington Civil Procedure Deskbook, 2d ed. (WSBA). 3 volumes. Washington Criminal Practice in Courts of Limited Jurisdiction (Matthew Bender & LexisNexis). 2 volumes. Washington Lawyer Discipline Manual (WSBA). Washington Legal Ethics Deskbook (WSBA). Property & Driving Defending DUI s in Washington State (Matthew Bender & LexisNexis). Washington Motor Vehicle Accident Litigation Deskbook, 2d ed. (WSBA). Washington Motor Vehicle Accident Insurance Deskbook, 2d ed. (WSBA). Washington Motor Vehicle Accident Deskbook, 2d ed. (WSBA). Washington Real Property Deskbook Series (WSBA). 4 volumes. Other Matters Public Records Deskbook: Washington's Public Disclosure and Open Meetings Laws (WSBA). Washington Insurance Law (Lexis). 4

5 Help with Common Tasks Drafting Contracts Drafting Effective Contracts: A Practitioner s Guide (Aspen & Westlaw). Includes a discussion of drafting considerations as well as issues relating to particular types of contracts. Warren s Forms of Agreement (Matthew Bender). 7 volumes & LexisNexis. A collection of business contracts and alternate clauses for common business transactions. Each chapter includes practice commentary with an overview of the law and pros and cons of various types of contracts. Pretrial Work: Learning about Judges, Drafting Pleadings & Conducting Discovery Know thy Judge Almanac of the Federal Judiciary (Aspen). Contains biographical information on all federal judges. More importantly, it contains sections for each person on noteworthy rulings and lawyers evaluation to give an idea of what to expect when it comes to potential biases, intellectual ability, and temperament. Washington Supreme Court justices: Contains biographical information about the Justices. Complaints (Pleadings) Causes of Action (Thomson West). 75+ volumes & Westlaw. Describes and sets forth causes of action for a variety of topics. Each includes a discussion of substantive law, procedure, jurisdictional issues, statute of limitations, proof (checklists and sample testimony), damages, and discovery (including interrogatories). Each entry includes a sample complaint. American Jurisprudence Proof of Facts (Thomson West) volumes & Westlaw. Aimed at the party with the burden of proof and authored by practicing attorneys, trial judges, and experts. Covers civil and criminal; the civil sections emphasize personal injury. Includes topic background evidence considerations, defense considerations, elements of damages, discovery (including interrogatories, document production requests, requests for admission, and oral deposition checklists), elements of proof checklist, illustrative forms (complaints, motions), and model jury instructions. 5

6 Discovery & Motions Practice Bender s Forms of Discovery (Matthew Bender). 25+ volumes & LexisNexis. Hundreds of interrogatories, arranged alphabetically by subject. Entry has scope note (with cross-references to other topics that may be useful), contents, sometimes an introductory comment, and then the interrogatories. Deposition Strategy, Law & Forms (Matthew Bender). 8 volumes. Covers the planning, preparation, and conduct of depositions. Includes general forms related to all proceedings, topical questions with commentary. Motion Practice (Aspen). Discusses motions generally and numerous types of motions specifically. It does not have many forms. American Jurisprudence Pleading and Practice Forms has a Motions, Rules and Orders topic. For Washington, Washington Practice: Civil Procedure Forms (vols. 9-10A) have motions, with commentary, as well as forms for other documents based on the Civil Rules. Settlement, Trial & Appeals Settlement, Jury Verdicts &Arbitration Awards Personal Injury Valuation Handbooks (Jury Verdict Research Inc.). A national report based on data from court clerks, legal contractors, plaintiff and defense attorneys, law clerks, legal reporters, publications, and media sources. Arranged by body part and cause of action. Northwest Personal Injury Litigation Reports (Jury Verdicts Northwest). LexisNexis & Westlaw. Contains settlements as well as verdicts. Arranged by type of accident. Indexed by Injury, Attorneys, Medical Doctors (alphabetical), Medical Doctors (field), Non-Medical Doctors, and Expert Witnesses. Entries include name, docket number, attorneys, insurance company, experts, judge, injury, brief facts, demand, and result. Washington Arbitration Reports (Jury Verdicts Northwest). LexisNexis & Westlaw. Entries are similar to those in the Northwest Personal Injury Litigation Reports except decisions are made by arbitrators rather than juries or settlements. Trials Many treatises deal with on trial advocacy and evidence, including subjects such as jury selection and examination of experts. Here are a few titles. 6

7 Art of Advocacy (Matthew Bender). 12 volumes & LexisNexis. Covers various aspects of trial work. Criminal Defense Techniques (Matthew Bender). 6 volumes & LexisNexis. Contains chapters devoted to specific crimes as well as generally applicable techniques. American Jurisprudence Trials (Thomson West) volumes & Westlaw. An encyclopedic guide to the practices, techniques, and tactics used in preparing and trying cases, with model programs for handling all types of litigation. Articles include factual/design analysis, theories of the case, pleadings, discovery, experts, anticipating defenses, and jury instructions. Appellate Procedure Washington Appellate Practice Deskbook (WSBA). Federal Appellate Practice: Ninth Circuit (Thomson West). 2 volumes & Westlaw. Explains the operations of the court with great specificity. Includes very few forms. Federal Ninth Circuit Civil Appellate Practice (Rutter Group). 2 volumes & Westlaw. A practitioner- friendly source with samples and forms at the end of each chapter. 7