Why should forms be used carefully?
All three choices CORRECT
Quality varies.
May not be current.
Models or examples only. Must be tailored.
First, the quality of legal forms will vary greatly. The sources discussed in the CALI lesson are generally reliable, but you will still need to make sure a particular form is appropriate for its intended purpose.
Similarly, be sure to verify the currency of the legal forms. The law changes all the time, and you want to know whether a particular form reflects the present state of the law.
Finally, remember that legal forms are models or examples only. Rarely, if ever, is it appropriate to use a form verbatim. Rather, it is a starting point, and the form will need to be tailored to fit the specific facts of the situation for which you are drafting the instrument and the jurisdiction in which you are working.
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There are two basic types of legal forms: procedural and transactional.
TRUE: There are two basic types of legal forms, transactional forms, which are legal instruments and agreements, such as a sales contract or a lease, entered into between two or more parties in a transaction, and procedural forms, which are documents filed in court, such as a complaint or a motion.
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Why is it useful to use legal forms?
All of the answers.
Using legal forms enables attorneys to be more efficient because they have an example from which to start drafting their own instruments.
Using legal forms enables attorneys to draft more effective instruments because the forms are often drafted by experienced attorneys and contain language and clauses that have proven successful and withstood judicial scrutiny.
Using legal forms enables attorneys to educate themselves about the substance of the law surrounding a particular transaction or agreement.
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The three main types of transactional form books are general, jurisdictional, and subject-specific.
CORRECT
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Lexis and Westlaw also provide FORMS databases.
On Lexis, you can find Forms under Content Type and then FORMS. Then you can filter by state or by Practice Area.
On Westlaw, you can find Forms under Content Types and then FORMS. Then you have the filter by Forms by State or Forms by Topic.
Both platforms are offering Forms from the materials available on their platforms which means, in all probability, the forms are from different resources. So while you have both platforms available to you, search for specific forms on both Lexis Advance and Westlaw Edge and analyze the materials received.
Remember when you are searching for forms, do not use the terms “plaintiff” or “defendant” or other general terms. Use terms that describe the issue at hand. For example, use “substitution” and “death, ” if you are looking for a motion to substitute the executor of the estate for the deceased plaintiff in an action that the deceased plaintiff filed to recover a sum of money.
Remember there are also numerous form books.
Please review the CALI Lessons: Researching and Working with Transactional Forms and Researching and Working with Procedural Forms on LessonLink https://www.cali.org/courses/8026
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Read the following statements about attorneys’ use of forms.
Select the entry that is NOT true.
NOT TRUE Attorneys use procedural/practice forms by simply filling in the blanks with relevant party names, thereby bypassing the need for careful analysis of the case.
Internal firm resources such as pleading banks provide a very useful source of forms for attorneys
Sample procedural/practice forms are available on Westlaw Edge, Lexis Advance, and other online sources.
Sample procedural/practice forms are available in books published by major legal publishers.
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Now let’s suppose that prior to his death Mr. Xander had initiated an action against Mr. Zorba to recover a sum of money owed to him by Mr. Zorba.
Now, Mrs. Xander as the executor of her husband’s estate needs to file a motion to substitute her as executor of the estate for her husband as the plaintiff in the action.
What keywords would you use to search the printed index or to use a terms and connectors search on Westlaw or Lexis?
Substitution and Death CORRECT
Plaintiff and Defendant
Plaintiff and Substitution
Death and Plaintiff
Remember when you are searching for forms, do not use the terms “plaintiff” or “defendant” or other general terms. Use terms that describe the issue at hand. For example, use “substitution” and “death, ” if you are looking for a motion to substitute the executor of the estate for the deceased plaintiff in an action that the deceased plaintiff filed to recover a sum of money.
Online, it would be wise to use a truncated form of substitution to retrieve all variations of it (such as substitute!).
You could combine this with the other key term and do a proximity connector search such as death /4 substitut! Remember to be sure that you are using the appropriate proximity connectors for the online platform.
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You must look at the court rules for your jurisdiction to help you determine which of the following?
Timing for filing of documents with the court
How to serve the opposing side with notice of the lawsuit
Cost of filing a case with the court
All are Correct
