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Tools for Legal Practice: Litigation/Court Practice

Overview of typical tasks in litigation and court practice

Research and drafting tasks common in litigation departments and courts (clerkships and judicial externships) may include:

  • legal analysis (for internal memos and for briefs) similar to the types of assignments you prepared in first-year LRW/WOA work
  • research and drafting of pleadings and responsive pleadings/dispositive motions, plus discovery requests, responses, and motion practice
  • trial prep, trial motions, and evidentiary motions
  • drafting client-oriented communications
  • researching issues relating to legal ethics and professional responsibility

Practice guidance for litigation

BL > Litigation > Litigation Practical Guidance
  • browse for specific tasks and procedural phases of litigation; also browse for Example Search templates for specific pleadings, motions, and litigation tasks (leveraging Bloomberg Law's powerful Dockets coverage)
  • federal and multi-state coverage, with leads and example searches to tailor for jurisdiction-specific model documents
LX+ > Practical Guidance >
  • browse general guidance for Civil Litigation and Criminal Law, or practice areas (e.g., Labor & Employment > Employment Litigation)
  • offers numerous criminal practice templates
  • select a procedural phase or task type, then filter for jurisdiction (including some international) and/or resource type (e.g. Templates (forms), Checklists)
WL > Content Type > Practical Law >

Work like a lawyer: Drafting for litigation & courts

Start with internal briefs/orders banks. Ask a supervising attorney or the firm's librarian about such collections.

Then look for models in practical guidance collections:

Finally, find templates with practice tips and expert commentary, often in subject-specific form-books and practice guides:

  • Discovery homepage Find Discovery Forms (BL)—template documents (with practice tips) for standard discovery matters
  • Sample Forms (LX+) - search or filter by jurisdiction or practice area
  • Form Finder (WL) - search or filter by jurisdiction, practice area, and/or publication

Key California sources for litigation

California-specific civil practice guidance

register for CEB AccessLaw > Practitioner > Litigation Practice & Procedure ... Business Litigation ... or browse practice areas

  • Checklists, workflows, strategy notes, forms for every stage from client intake through post-trial and appeals

Pleadings & motions

California Forms of Pleading & Practice (LX+)

California Points & Authorities (LX+)—also, browse accompanying Forms

Civil Procedure Before Trial (WL)—(aka Weil & Brown); separate Forms volume ... and Federal Civil Procedure Before Trial—(aka Schwarzer) for California federal and 9th Cir. practice

Criminal practice

California Criminal Law (WL)

California Criminal Procedure (WL)

California Criminal Motions (WL)

Court rules of practice

WL > Content Type > Secondary Sources > By Type:KeyRules - shortcut guidance integrating application of all rules of practice in a given court (including local rules) with links to rules text, practice pointers, and sample documents.

California Rules of Court (California Judicial Council)

Key California trial resources

Trial procedure & evidence

Civil Trials & Evidence (WL) and Federal Civil Trials & Evidence

California Judges Benchbooks (CEB): Jefferson's California Evidence Benchbook ... Search and Seizure ... Domestic Violence Cases in Criminal Court

Pattern jury instructions

Civil Jury Instructions (aka CACI, pronounced "khaki") and Criminal Jury Instructions (aka CALCRIM)—official, from California Judicial Council

California Civil Jury Instructions (aka BAJI, pronounced "badge-y") and California Jury Instructions - Criminal (aka CALJIC)—alternative sets of standard pattern jury instructions

  • companion handbooks available for criminal and civil: WL > States > California > Secondary Sources > Publication Type:Jury Instructions

Specialized research in litigation

Litigation analytics

BL > Litigation > Litigation Analytics
LX+ > Litigation Analytics
WL > Tools > Litigation Analytics

Analytics are used to get competitive intelligence and strategic information for client/business development, opposition research, briefing/argument tactics, and case management and settlement assessment. These services offer docket-based data on companies, counsel, courts, and cases (including precedent citation patterns, motion outcomes, damages, and more).

Why use analytics in litigation practice?

Litigation Analytics Primer (BL)

Introducing Lexis+ Litigation Analytics

Understanding Litigation Analytics (WL)

Ethics resources

ABA/Bloomberg Law: Lawyer's Manual on Professional Conduct—authoritative one-stop shop for researching questions of legal ethics and professional responsibility:

The California State Bar: