TMLL Research Guide - Chapter 3

PRACTICE MATERIALS AND FORM BOOKS

There are a great many treatises, practice guides, and form books available that apply specifically to the practice of law in Maryland, other states, and before the federal courts. Some are general in scope while others are written for specialized practice areas. Those that appear below represent only a small sample of what is available. If you are looking for a source of a specific type and find nothing helpful listed, consult the library catalog.

Sample forms can be very helpful as starting points. However, the drafter must take into account the substantive law of the jurisdiction. Copying form language without modifying it for local considerations or common sense factors can be disastrous.

There are two popular sets of general forms that are national in scope.

American Jurisprudence Legal Forms 2d (KF170.A542)
This set includes brief commentary and references to Am. Jur. 2d, A.L.R., law reviews and tax references. It is arranged alphabetically by topics and has a multi volume general index.

West's Legal Forms 2d (KF170.L53)
Substantive introductions, references to C.J.S. and West topics and key numbers precede forms for each subject covered. The set has a topical arrangement with each subject volume or set of volumes having its own index. A general index for the entire set is also available.

A variety of sources exist that are designed to provide assistance in preparing for trials. These are designed for practitioners and often contain helpful checklists and references to other materials that are useful at various stages of the litigation process. Examples of these types of sources are discussed below. Additional sources can be found in the library stacks in the same general areas.

American Jurisprudence Pleading and Practice Forms (KF8836.A45)
Forms and annotations are included in this set along with procedural timetables and drafting checklists. The set has a multi volume index.

Bender's Forms of Discovery (KF8900.A3B4)
Sample interrogatories are included along with the text and discussion of applicable federal rules. Discussions of depositions, requests for admission, and criminal discovery are available. Separate index volumes exist for volumes 1 to 10 and 11 to 16.

American Jurisprudence Trials (KF8913.A35)
The set includes about five sample trials, mostly civil but some criminal, per volume. The following is its statement of purpose: "a guide to the modern practices, techniques, and tactics used in preparing and trying cases, with model programs for the handling of all types of litigation." Examples of examination, cross examination, forms, and discussion of substantive law are included. There is a multi volume index.

American Jurisprudence Proof of Facts (KF8933.A35)
With about eight articles per volume, this set includes "text and sample testimony to assist in proving contested facts" involving specific areas of the law. There is a multi-volume index.

Douglas Danner, Pattern Discovery and Pattern Interrogatories (KF 8900.Dxx)
Several titles are included treating areas of the law such as medical malpractice, torts, employment discrimination, premises liability, and products liability.

Herbert Newberg and Alba Conte, Newberg on Class Actions (3d ed.) (KF8896.N4)
This six-volume set covers the theory and strategies of bringing class actions. It includes numerous appendices and checklists.

The West Trial Practice Series includes a number of useful works on various stages of the litigation process. Some of the titles in this series are:

Roberto Aron and Jonathan Rosner. How to Prepare Witnesses for Trial (2d ed.) (KF8915.A83)
This work covers a multitude of considerations relating to preparing witnesses for trial.

Roberto Aron, Julius Fast & Richard Klein, Trial Communication Skills (2d ed.) (KF8915.A83)
An overview of the litigation process is included in addition to specifics of communication issues at the various trial stages.

Edward Imwinkelried and Theodore Blumof. Pretrial Discovery Strategy and Tactics (KF8900.I483)
This work begins with the need for strategic planning and covers tactics and considerations relating to interrogatories and other related pretrial concerns.

Jeffrey Kestler, Questioning Techniques and Tactics (3d ed.) (KF8915.K47)
Questioning strategies as well as principles of cross-examination are discussed in detail in this work.