2. Practice Guides & Research Planning
David McFadden
Senior Reference Librarian

3. 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.

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

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

6. Google Scholar
Articles
Legal Opinions & Journals
primitive citator

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

8. Government Sites: California
Courts
Legislative
Administrative Regulations
Administrative Decisions

9. 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

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

12. 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

13. 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. § 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

14. 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

15. 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

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

18. 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

19. 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

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

21. 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)

22. 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

23. 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

24. 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

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

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 Unpublished Opinions - California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

27. 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 (e)(2))
Cases Granted Review by California Supreme Court are also Depublished (no longer after July 1, 2016)

28. 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 (e)(1)(B))

29. Effect of Grant of Review After July 1, 2016
Pending Review (NEW!) (Cal. R. Ct (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 (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 (e)(3))