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

2. 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

3. 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

4. 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 & AgreementsLegalSecondary Legal A note for CBA members and alums Free Internet Forms

5. 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

6. 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

7. 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.

8. 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

9. 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.

10. 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 7 th circuit 7 th circuit Jury Instructions by subject Individual titles put out by ABA committees Litigation practice treatises

11. Forms You Should Know About: Litigation-related Form Books Jury Instructions Illinois Pattern: Illinois pattern jury instructions: civil, IPI Illinois pattern jury instructions: civil, IPI Illinois pattern jury instructions: criminal, IPI Illinois pattern jury instructions: criminal, IPI Non-pattern: Illinois non-pattern jury instructions 3d : annotated IPI companion (West) Illinois non-pattern jury instructions 3d : annotated IPI companion Illinois forms of jury instruction (LexisNexis) Illinois forms of jury instruction

12. 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

13. 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

14. 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 LegalStates Legal - U.S. Illinois

15. Forms You Should Know About: Transactional Form Books Estate Planning form books Start with IICLESIICLES 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

16. 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