LRAC Legal Research Class Site (Gotschall)

Legal Forms

Legal forms are a type of practice material used by lawyers to create legal documents efficiently. They are pre-drafted templates or models designed to help lawyers save time and ensure that their documents meet the necessary legal requirements.

Don't Start from Scratch

"What has been will be again, what has been done will be done again; there is nothing new under the sun."*

This is true in the legal world too! So, try not to draft a single word of a petition or contract without looking in a form book (or other source) to find some legal forms someone else has already written.

*According to Google this is from the Bible... 

Types of Forms

• Transactional forms are used in transactional legal practice
  • Examples - sample contracts, leases, wills, deeds, and trusts
• Litigation forms are used in litigation
  • Examples - sample petitions, motions, discovery requests, and briefs

Forms can be specific to a jurisdiction or for general use (in which case you have to adapt them to your jurisdiction).

Transactional Legal Form Example

You are a lawyer for a seller of horses. The seller wants to include a warranty in the bill of sale that guarantees the stallion’s reproductive ability. This is a specialized area and most lawyers would not know how to word this warranty.

You could look at a form book such as American Jurisprudence Legal Forms (available in print and on Westlaw) to find a sample form such as the one below.

Litigation Legal Form Example

Sadly, you have a new client who was hit by a boat while swimming! You could look at a sample complaint from American Jurisprudence Pleading and Practice Forms Annotated (available in print and on Westlaw).

There are many many sources of legal forms!

Non-Jurisdiction Specific Forms

• There are a number of large sets of form books that are available in print (that are also available online)
• They are not jurisdiction specific so you have to adapt them to your jurisdiction
• Examples
  • West's Legal Forms
  • American Jurisprudence Legal Forms
  • American Jurisprudence Pleading and Practice Forms
  • Warren's Forms of Agreement
  • Causes of Action

Jurisdiction Specific Forms

• There are also many form books (that are also available online) on different legal topics for specific jurisdictions
• Examples
  • Arizona Legal Forms
  • California Forms of Pleading and Practice 

Court Web Sites

• Many court websites offer sample and statutory forms that attorneys and the self represented can use
• Arizona, for example, has a number of forms for divorce, name changes, civil actions, etc. for the different counties
  • https://www.azcourts.gov/selfservicecenter/Forms

​Form Banks

• Since law firms and organizations are often involved in the same type of litigation or transactions over and over again, they have their own form banks

Free Forms

• There are number of free legal forms online
• Some sites provide free forms with the hope that a satisfied user might buy some of the non-free forms
• Examples
  • Findlaw - http://forms.lp.findlaw.com/
  • Justia - http://forms.justia.com/

Docket Filings

• You can use motions and briefs filed in actual cases as examples
• You can get them from Lexis Courtlink or Westlaw Briefs database or Pacer.

Sample forms are very useful and can save lots of time, but they cannot be used to avoid thinking or actual work. Look at them as a great place to start.

You might want to review multiple sample forms to get ideas. Additionally, consider the following:

• Does your sample form comply with the specific law of your jurisdiction? (e.g. a California lease might not be appropriate for Arizona)
• Is there a required statutory form for your jurisdiction?
• Is your sample form from a reliable author or publisher?
• Does your form comply with court rules?
• How have clauses/language in your sample form been interpreted by courts?
• What type of forms/clauses are standard in the industry?
• Is your form up-to-date or has the law changed?

Remember that reliance on a sample form/sample language could result in losing your client's money, losing a case, and legal malpractice. Therefore, it's important to keep in mind that sample forms are just a place to start."