LRWA – LEGAL DRAFTING Formbooks and Drafting Resources


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LRWA – LEGAL DRAFTING Formbooks and Drafting Resources

  1. 1. LRWA – LEGAL DRAFTING Formbooks and Drafting Resources General Formbooks. These include sample forms for a wide range of topics. All are located on the Law Library First Floor, Range 107. American Jurisprudence Legal Forms, 2d ed. Updated annually. Available on Westlaw: AMJUR-LF. Current Legal Forms with Tax Analysis, by Rabkin & Johnson. Updated quarterly. Available on LexisNexis: Rabkin & Johnson Current Legal Forms with Tax Analysis. West’s Legal Forms. Updated twice per year. Available on Westlaw: WEST-LF. Subject-Specific Formbooks – Contracts. The Contracts section is on the Law Library Third Floor, Range 319. Drafting and Analyzing Contracts: A Guide to the Practical Application of the Principles of Contract Law, by Scott J. Burnham. KF807 .B87 2003. The Elements of Contract Drafting: With Questions and Clauses for Consideration, by George W. Kuney. KF807.2 .K86 2003. A Manual of Style for Contract Drafting, by Kenneth A. Adams. KF807 .A33 2004. Subject-Specific Formbooks – Employment Agreements. Labor and Employment Law books are shelved on the Third Floor, Ranges 326-327. Employment agreements are also covered in the Contracts collection, Range 319, Law Library Third Floor. Consultant & Independent Contractor Agreements by Stephen Fishman. KF898 .F567 2004. The Employment Contract: Rights and Duties of Employers and Employees by Warren Freedman. KF3319 .F74 1989. Subject-Specific Formbooks – Legislation. Law Library First Floor, Range 112. Drafting Legislation and Rules in Plain English, by Robert J. Martineau. REF KF4950.M375 1991. The Legislative Drafter’s Desk Reference, by Lawrence Filson. REF KF4950.F55 1992. Understanding Common Law Legislation: Drafting and Interpretation, by F.A.R. Bennion. REF K284 .B46 2001.
  2. 2. Subject-Specific Formbooks – Wills. The Estate Planning collection is located on the Law Library Third Floor, Ranges 318-319. Drafting Wills and Trust Agreements, by Robert P. Wilkins. KF748.1 .W55 3d. Estate Planning and Drafting, by Regis W. Campfield. KF750 .C25 1995. Virginia Formbooks. These are located at the Circulation Desk, in Law Library First Floor, Range 121, or on the Second Floor, Range 228. Virginia Forms KFV2468 .V57. Virginia Legal and Business Forms. RESERVE KFV2468 .V58. Michie's Forms on Disc: Virginia Edition. RESERVE KFV2930.A65 M53. Virginia Employment Practices and Forms, by Edward Lee Isler, Steven W. Ray. KFV2731 .I47 2002. Popular Works. Many titles intended for the layperson have forms that are useful to law students too. These are located in the Reference Section on the First Floor, Range 112. 101 Law Forms for Personal Use. REF KF170 .L46 2004, plus CD at Circulation Desk. Nolo’s Simple Will Book ELECTRONIC RESOURCE (AVAILABLE THROUGH INTERNET/WWW – SEARCH THE GMU LIBRARY CATALOG FOR THE LINK) The Employer's Legal Handbook REF KF3455.Z9 S74 2004. Estate Planning Basics ELECTRONIC RESOURCE (AVAILABLE THROUGH INTERNET/WWW – SEARCH THE GMU LIBRARY CATALOG FOR THE LINK) Drafting Guides. Legal drafting titles are located on Reserve at Circulation Desk, under Professor Price’s name. The Fundamentals of Legal Drafting, by Reed Dickerson. KF250 .D5 1986. Hereof, Thereof, and Everywhereof: A Contrarian Guide to Legal Drafting, by Howard Darmstadter. KF250 .D37 2002. Legal Drafting in a Nutshell, by Thomas R. Haggard. KF250 .H343 2003. LexisNexis. On Lexis, forms are organized by jurisdiction and/or subject. Use “Find a Source” to locate the applicable database. LEXIS Clause Library - Corporate Law: "[C]ontains clauses from thousands of different legal instruments covering the following topics: close corporations, corporations, partnerships, limited partnerships, LLCs, LLPs, Professional corporations, professional partnerships and S corporations." LEXIS Clause Library - Labor and Employment Law: "[C]ontains clauses from Matthew Bender treatises and form publications drafted by practitioners covering the following topical areas: Benefits-Administration; Employment; Independent-Contracting; and Labor."
  3. 3. LEXIS Clause Library - Real Property Law: "[C]ontains clauses from thousands of different legal instruments covering the following topics: condominiums; cooperatives; construction; financing, leasing and managing property; and sales, exchanges and transfers." Westlaw. On Westlaw, there is a comprehensive database of all forms, as well as smaller, subject-specific databases. Search the Westlaw Directory to locate the applicable database. FORMS-ALL More than 50 treatises and collections containing forms. CMLFORMS-ALL All State and General Contracts/Commercial Forms, Clauses and Checklists. RPFORM-ALL All State and General Real Property Forms, Clauses and Checklists. Other Online Resources. In addition to Lexis and Westlaw, other commercial websites offer legal forms. Some of these charge a fee, others do not. The most important consideration when using an online form is the credibility of the source. Be certain that you are working with a reputable legal publisher. CALI Lessons in Contracts: Includes lessons on drafting a contract. FindLaw for Corporate Counsel: Free forms, organized by industry and by type. Internet Legal Resource Group: Boasts the web’s largest collection of free forms for business and personal use. FindForms: Most forms require a fee, but some are free. Most are state-specific. Virginia Forms: Forms used by Virginia state agencies. LexisONE: Selected Lexis databases for small firms and solo practitioners. Some free forms are available but most require a fee. Updated: Spring 2005 GMU Law Library Reference Staff
  4. 4. Lecture: Form books are available in print and online. When we refer to “form books” we also mean online forms. I Two types of formbooks: Pleadings and practice forms -which typically include documents that will be filed with the court (complaints, answers, replies, counterclaims, etc.) Instruments - that are not necessarily litigious in nature and include model documents such as leases, contracts, and will provisions. We will discuss this one. II Form books: provide aids for drafting legal documents provide samples of a wide variety of substantive and procedural forms include drafting guides, checklists, sample clauses, and examples of entire documents III. Locating Legal Forms review the basic facts about your situation and determine the subject area does the jurisdiction or governing body have specific requirements? consult the Formbooks and Drafting Resources to get started, and search the GMU catalog for additional resources search the index to the book, or the database online you may have to be creative in your search in order to find a desired form. Before searching the index you may want to make a quick list of all the topic headings you can think of on your particular subject. For example, if you were looking for a jury instruction concerning guaranteed freedom of speech and its effect as a defense, you could look under several different topics -- “Defenses,” “Truth,” “Libel and slander,” and “Constitutional law.” IV. Using Forms when using the books, be sure to check for a pocket part or supplement when using an online form, be certain that the source is a reliable legal publisher, or the governing body itself always read the form completely carefully adapt the form to your situation – proofread repeatedly to be sure you have made all the necessary edits to personalize the form for your client The most important skill in using form books is knowing how to modify the sample form(s) to fit your particular situation.