Practice Guides & Research Planning David McFadden Senior Reference Librarian dmcfadden@swlaw.edu 213-738-6726

Primary Authority at Southwestern Library Open to Alums Print in Library Westlaw – 2 limited access terminals for alums KeyCite also available Free Sources Available on Computers.

Alternatives to Lexis and Westlaw Bloomberg Law Casemaker VersusLaw Fastcase Loislaw libraries on Fastcase

Free Comprehensive Research Sites FindLaw Legal Information Institute Justia.com OpenJurist The Public Library of Law

Google Scholar Articles Legal Opinions & Journals primitive citator

Government Sites: Federal U.S. Supreme Court Other Courts PACER Free alternatives U.S. Code Public Laws Federal Regulations

Government Sites: California Courts Legislative Administrative Regulations Administrative Decisions

Treatises and Practice Manuals In depth Treatment of Single Subject Usually have Commentary and Analysis Cite to Primary and other Secondary Sources Tips, forms, checklists for practitioners in practice manuals

Treatises and Practice Manuals Rutter Group CEB Matthew Bender Practice Guides Witkin

Rutter Group The Rutter Group's Practice Guides give the practical, expert guidance needed in various practice areas. Authoritative – written by judges and attorneys Major Cases - not just string cites Practice Pointers Step-By-Step Guidance Examples Practice Forms Up-to-Date – loose-leaf and on Westlaw

Rutter Group Alternative Dispute Resolution Federal Civil Procedure Before Trial (including California and 9th Circuit editions) Bankruptcy (California & National editions) Federal Civil Trials and Evidence Bus. & Prof. C. § 17200 Practice Federal Employment Litigation, Civil Appeals and Writs Federal Ninth Circuit Civil Appellate Practice Civil Procedure Before Trial (also Forms & Statute of Limitations volumes) Insurance Litigation Civil Trials and Evidence Landlord-Tenant Corporations Personal Injury Employment Litigation Probate Enforcing Judgments and Debts Professional Responsibility Family law Real Property Transactions

CEB First major continuing education provider in California Joint effort of UC and State Bar begun in 1947 Practice Guides Cover Most Major Areas of California Law Available in print and on CEB OnLAW

CEB Business Review Workers’ Compensation Civil Litigation Bankruptcy Resources Criminal Law Employment Law Basic Practice Estate Planning Client Communication Family Law Municipal Law Fee Agreement Forms Real Property

Matthew Bender Practice Guides Newest of Major Practice Sets Available on Lexis and in print Practice Guides cover many Major Areas of California Law

Matthew Bender Practice Guides Civil Discovery Landlord-Tenant Litigation Contract Litigation Pretrial Civil Procedure Debt Collection and Enforcement of Judgments Trial and Post-Trial Civil Procedure E-Discovery and Evidence Trust Litigation Federal Pretrial Civil Procedure Unfair Competition and Business Torts

Witkin The Place to Start when you don’t have another Very authoritative and well respected Treatise NOT a practice guide Available in print, on Lexis and Westlaw Major sets: Summary of California Law California Procedure California Evidence California Criminal Law

Other Secondary Authority Treatises (books) & Practice Sets Legal Encyclopedias California Jurisprudence (Cal Jur 3d) Legal Periodicals American Law Reports Others

Forms & Form Sets Practice guides often have forms or formats of forms Judicial Council Forms (some are mandatory) Re-use forms from your office. Go online but be careful. May not apply. Commercial Services California Forms of Pleading and Practice California Points and Authorities California Legal Forms California Civil Practice California Criminal Forms & Instructions California Criminal Law Forms Manual (CEB)

Jury Instructions California Civil Jury Instructions (CACI) California Criminal Jury Instructions (CALCRIM) California Jury Instructions – Civil (BAJI) California Jury Instructions – Criminal (CALJIC) Federal Jury Instructions Federal Jury Practice and Instructions Pattern/Model Jury Instructions for Circuits

Access to Secondary Sources Most Low-cost and Free Online Sources not great place for secondary authority. If don’t have access to secondary sources (online or in print) and citators in the office, must occasionally use law libraries. Southwestern is open to all alums. Most law school libraries in Southern California are open to members of the bar. County Law Libraries are open to all. L.A. Law Library has Members Program with an Exclusive Room & Extra Resources

Availability of Practice Guides and Other Secondary Sources at Southwestern Rutter, Cal Jur and Witkin In print on Reserve Two Terminals Near Reference with limited access to Westlaw for Alums CEB In print on Reserve (some titles recently discontinued in print) CEB OnLAW on campus only Matthew Bender Practice Guides

Citation (Cal. R. Ct. 1.200) (Cal. R. Ct. 3.1113(c)) Two Citation Manuals Authorized by Court Rule (Cal. R. Ct. 1.200) California Style Manual The Bluebook Only Required to Cite to Official California Citations (Cal. R. Ct. 3.1113(c)) The court must not require any other form of citation.

Unpublished Opinions - California Only Published if Meets Standards for Certification (Cal. R. Ct. 8.1105) Effect Not Citable (Cal. R. Ct. 8.1115) Can be Sanctioned for Citing

Depublication Practice in California Where Case Already Printed in Advance Sheet is Deleted from the Official Reports Two Main Reasons Supreme Court Order (Cal. R. Ct. 8.1105 (e)(2)) Cases Granted Review by California Supreme Court are also Depublished (no longer after July 1, 2016)

Effect of Grant of Review After July 1, 2016 Does Not Affect the Appellate Court’s Certification for Full or Partial Publication of Opinions Must be Accompanied by Prominent Notation Advising That Review Was Granted (for both hard copy or electronic opinions) (Cal. R. Ct. 8.1105 (e)(1)(B))

Effect of Grant of Review After July 1, 2016 Pending Review (NEW!) (Cal. R. Ct. 8.1115 (e)(1)) No Binding or Precedential Effect May be Cited for Potentially Persuasive Value Only After Supreme Court Decision on Review (NEW!) (Cal. R. Ct. 8.1115 (e)(2)) May be Cited and Has Binding or Precedential Effect Except to Extent It is Inconsistent with the Supreme Court Decision or is Disapproved by the Supreme Court Supreme Court May Order All or Part of an Opinion Not Citable or Order that It Has Different Binding or Precedential Effect (Cal. R. Ct. 8.1115 (e)(3))