Thursday, May 25, 2017

Pro Forma

"Get it in writing" is important advice for even relatively straightforward legal matters – disputing a credit card transaction, lending money to a friend, unloading an old car in a private sale. But most people would like guidance on how even simple legal documents might be expected to look. Form books provide a starting point for many researchers, offering templates and tips for creating demand letters and agreements for common legal issues. The Goodson Law Library's research guide to Legal Forms was recently updated, and includes resources for non-lawyers, as well as form sets used by legal professionals.

For non-lawyers, Nolo's 101 Law Forms for Personal Use (Reference KF170 .L46 10th ed. 2016) contains general templates for everyday legal situations, such as creating simple wills, selling personal property, or drafting agreements with various service providers. The forms are not specific to any particular state’s laws, and the introductory text to the forms often includes helpful tips and important cautionary warnings for further research (e.g. "With this will form, you cannot name different guardians for different kids").

In many cases, differences of law in a particular state will require more research or consultation with an attorney to prevent potential legal problems later. Wills and estate planning, in particular, frequently involve more complex issues than many people realize, and do-it-yourself form-based documents can create unintended consequences. For example, the 2014 Florida Supreme Court opinion in the case of Aldrich v. Basile involved a will generated from a pre-printed "E-Z Legal Form," which lacked a residuary clause required under Florida law. As a result, the decedent's property passed not to her intended parties, but to relatives who were not named in the will. In the concurring opinion, one judge called the dispute "a cautionary tale of the potential dangers of utilizing pre-printed forms and drafting a will without legal assistance. As this case illustrates, that decision can ultimately result in the frustration of the testator's intent, in addition to the payment of extensive attorney's fees—the precise results the testator sought to avoid in the first place."

However, form books can still provide useful guidance on the layout and content of common legal documents, even for seasoned attorneys. In North Carolina, Douglas' Forms (NC Alcove KFN7468 .D682 & online in Lexis Advance) is a multi-volume set containing both pleading and practice forms and general forms. Other form sets commonly used by lawyers include American Jurisprudence Legal Forms, 2d ed. (Practice & Procedure KF170.A542 & online in Westlaw) and Federal Procedural Forms Lawyers Edition (Practice & Procedure KF8836.F4 & online in Westlaw). The Legal Forms guide also provides information about topical form sets, as well as online access through Westlaw, Lexis Advance, Bloomberg Law, and Fastcase.

For more information about finding legal forms, visit the recently revised Legal Forms research guide, or Ask a Librarian.