All of the highlighted forms discussed in the articles listed below are available for instant download. Click the form name to obtain an easily modifiable Microsoft Word version of every document. In addition, click on the article name for more information about the forms themselves.
| Civil Litigation | Estate Planning and Asset Protection |
| Corporate | Family |
| Criminal Law and Practice | Personal Injury |
| Drunk Driving | Social Security Disability |
| Employment Law |
5 Cross-Examination Checklists for an Auto Accident Case
All parties-comparative fault, plaintiff re injuries, accident reconstruction expert, eyewitnesses and the defense medical expert. By Walter Simpson
6 Tips for Objecting to Hearsay
Send a message to the jury, object on the record, limiting instructions, and more. ByJohn L. Conlon
Auto Accident Case: Deposing the Defendant Driver
Pattern deposition questions for auto accidents. By T. Evan Schaeffer
Auto Accident Case: Interrogatories for Proving Plaintiff’s Cause of Action
Duty, breach of duty, cause in fact, proximate cause, and damages. By Kevin R. Culhane
Breach of Contract Defense Interrogatories: Defendant to Plaintiff
Defendant to plaintiff: mistake, fraud, duress, undue influence, unconscionability, statute of frauds, illegality, impossibility of performance, frustration of purpose, accord and satisfaction, and novation. By Kevin R. Culhane
NEWCollections: 3 Discovery Tools Against a Judgment Debtor
Interrogatories in aid of judgment or execution, notice of taking deposition of judgment debtor, and a checklist of suggested debtor interrogation questions. By Lawrence R. Klemin
Cross-Examination Strategies
Practice points, case examples, sample questions and more. By Walter Simpson
Defendant’s Triple-Threat Discovery Form: Breach of Contract
Interrogatories, requests for admissions and requests for production all in one first-strike discovery document. ByRogge Dunn and Trey Cox
Deposing the Corporate Designee in Health Insurance Denial Case
Deposition preparation, strategy, and questions.By T. Evan Schaeffer
Deposing an Expert Witness
Impeachment of qualifications, understanding of case facts, basis for opinion, authoritative treatises, and expert opinions. By Daniel P. Dain
Deposition Objections: Application of the Work-Product Privilege
Anticipation of litigation,” examples, exceptions, waiver, assertion, resolving disputes. By Joseph A. Ranney
Deposition Outlines
Auto accidents, premises liability, medical malpractice, product liability, residential mold, land use, and damages. By Daniel P. Dain
Deposition Preparation: Taking or Defending a Liability Deposition
Deposition notebooks, procedural issues, preparing the problem witness, handling the tricky examiner, and more. By Daniel P. Dain
Elements-of-Proof Rubric
Claims and defenses, with evidence proving or disproving. By Beth D. Osowski
Essential Objections Checklist
A quick-reference list for your trial notebook. By Leonard Bucklin
Fraud and Misrepresentation Interrogatories
Intentional misrepresentation of fact, negligent misrepresentation, fraudulent concealment and nondisclosure, constructive fraud. By Kevin R. Culhane
Interrogatories: Breach of Contract
Contract formation issues: existence of offer, certainty of terms, and termination of offer. By Kevin R. Culhane
Interrogatories: Damages
Emotional distress, loss of consortium, death, special and punitive damages. By Kevin R. Culhane
Interrogatories: Interference with Business Relations
Existence of contract, defendant’s knowledge, interfering acts or conduct, causation, damages. By Kevin R. Culhane
Jury Questionnaires: 4 Customizable Forms
Personal injury, breach of contract, product liability, and basic. By Leonard Bucklin
Jury Selection Strategies for Car Accident Cases
In-depth list of model voir dire, with use notes and practice tips. By Susan Broome, Ph.D.
Jury Selection: Voir Dire Tips
With use instructions. By Leonard Bucklin
Maximizing Damages in Closing Argument
Guidelines for structuring your argument, use of visuals, rebuttal tips. By Jim Wren
Medical Malpractice Cases: Jury Preconceptions
Juror beliefs and questions. By Karen Lisko
Objections at Expert Witness Depositions
Discoverability, objectionable questions, pattern objections. By Joseph A. Ranney
Plaintiff’s Triple-Threat Discovery Form: Breach of Contract
Interrogatories, requests for admissions and requests for production all in one first-strike discovery document. ByRogge Dunn and Trey Cox
Punitive Damages: 7 Key Discovery Questions to Build Your Case
By Jim Wren
Summarizing Damages in a Personal Injury Case
Includes request for admissions and special damages list. By Leonard Bucklin
Trial Preparation: Voir Dire Diagram
With use instructions. By Leonard Bucklin
Voir Dire Questions
How to learn juror attitudes and characteristics. By Beth D. Osowski
What Juries Find Persuasive
There are few dumb jurors, but much more poor teaching. By Karen Lisko
Wrongful Death Interrogatories
Definitions, identification, investigation, auto accident, dangerous property condition, defective product, medical malpractice, defenses, and damages. By Kevin R. Culhane
California Civil Litigation
Breach of Contract for Failure of Consideration or Failure to Perform: Elements, with Complaint
Definition, elements, authorities, remedies, statute of limitations, affirmative defenses, related causes of action, form complaint. By Stanton T. Mathews & Kevin Lancaster
Breach of Implied Covenant ofGood Faith and Fair Dealing: Elements
Definition, elements, authorities, remedies, statute of limitations, affirmative defenses, related causes of action. By Stanton T. Mathews & Kevin Lancaster
Elements of Negligence
Definition, elements, authorities, remedies, statute of limitations, affirmative defenses, related causes of action. By Stanton T. Mathews & Kevin Lancaster
Objecting to Expert Testimony in California
Lack of qualifications, province of court and jury, inappropriate hypothetical question, scientific testimony, lay opinion. By Judge J. Michael Byrne (Ret.) & Judge Gregory H. Ward
Pretrial Preparation:Discovery Disputes in California
Motion to extend time, for protective order, to compel production, to compel further response, to compel compliance, sanctions. By Judge Owen Lee Kwong, Robert F. Kane, Donald G. Rez
Drafting an LLC Operating Agreement: Checklist
By Joseph W. Boucher
Criminal Law: 4 Representation Agreements
Defense attorneys: define the scope of your representation carefully. By Thomas J. Farrell
Cross-Examination of Eyewitnesses
Confront the facts; do not downplay the terror of the incident. By Kevin J. Mahoney
Plea Bargains, with Forms
Consequences and procedures, with ARD application, diversion motion, diversion agreement, diversion restitution schedule, and plea agreement. By Thomas J. Farrell
Trial Tips: Challenging Written Statements
Cross examining the detective who obtained your client’s confession. By Kevin J. Mahoney
Federal Criminal Practice Excerpts
Criminal Pretrial Detention Hearings
Requirements and procedures. By Barry Boss
Criminal Pretrial Release on Conditions
Advice on bail bonds and conditions of release. By Barry Boss
Plea Bargaining
Tips for negotiating with the prosecutor. By Barry Boss
Attacking Field Sobriety Tests in a DUI Trial
Cross examination of the arresting officer, with tips. By Donald J. Bartell
Cross Examination in Drunk Driving Cases
A kinder and more effective approach. By Bruce Kapsack
Drunk Driving Defense: Attacking Widmark Calculations
How DWI lawyers can expose the charade of the prosecution’s expert. By Donald J. Bartell
Drunk Driving Defense: Challenging the Breath Test
DWI attorneys should focus on front line defenses. By Donald J. Bartell
Jury Selection: Voir Dire Questions for DUI Lawyers
Police, punishment, scientific evidence, expert opinion, constitutional issues, blood analysis, motor skills, nervousness, alcohol, and more. By Bruce Kapsack
Pattern Openings for DUI Attorneys
A strong positive argument, not a trial road map. By Bruce Kapsack
Selecting a Favorable DUI Jury
Tips, goals, voir dire questions, and a selection system. By Donald J. Bartell
California Drunk Driving Law Excerpts
California Drunk Driving Punishment Chart
Explaining drunk driving punishment to your client. By Paul Burglin and Barry Simons
Drunk Driving Tipsters and California’s Public Safety Exception
Evaluating the constitutionality of a drunk driving tip to the police, with checklist. By Paul Burglin and Barry Simons
Informal Request for Discovery from Prosecution in a DUI Case
California DUI lawyers can easily adapt this list of 27 items. By Paul Burglin and Barry Simons
Motions to Exclude Chemical Test
Refusal and denial of choice of tests. By Paul Burglin and Barry Simons
Document Requests
Model lists for a discrimination case. By Andrew H. Friedman
Document Requests in Sexual Harassment
Learn about prior complaints, disciplinary action, policies, investigations, and more.By Elizabeth Hubbard
Employment Attorney Fee Arrangements, with Clauses
Pattern language and use notes for 13 fee clauses. By Andrew H. Friedman
Employment Cases: Deposing the HR Manager in RIF Cases
Training, policies, statistical analysis, redeployment, advertisements. By Tod F. Schleier
Employment Discrimination: Defending Plaintiff’s Deposition
Intimidation, inaccurate summary of testimony, inappropriate questions, and error correction. By Andrew H. Friedman
Employment Discrimination: Shaping the Unripe Case
Complaint letter, employee notes, witness creation, “perfect” employee, mental health care help. By Andrew H. Friedman
NEWJuror Questionnaire: Employment Discrimination
Complete customizable form, plus practice tips. By Susan Broome, Ph.D.
Sexual Harassment Cases: Deposing the Supervisor/Harasser
Questions for learning about employee handbook, harassment training, relationship with plaintiff, job criticisms, and human resources investigation. By Elizabeth Hubbard
Supervisor Deposition Questions for Harassment, Retaliation, and ADA
Defenses, admissions, credibility, pretext, and more. By Tod F. Schleier
Estate Planning and Asset Protection
Asset Protection: Client Intake, with Retainer Agreement
Questions to answer, documents to obtain, and important points to make. By Alan R. Eber
Drafting for Incapacity of Trust Settlor
With 4 sample clauses/forms. By N. Dean Hawkins
Family Limited Partnerships
Advantages, structuring, funding, effect of a charging order. By Alan R. Eber
Foreign Trusts: Risks and Abuses
Foreign grantor trust, international business corporation, credit and debit cards. By Alan R. Eber
Intentionally Defective Grantor Trust, with Provision
Structure, how it works, benefits, considerations, and implementing language. By Alan R. Eber
International Asset Protection Trust
The Low Profiler, with requirements, drafting instructions, and implementing language. By Alan R. Eber
IRS Reporting and International Asset Protection Trusts
This “Low Profiler” trust has the benefits of being foreign without the IRS reporting requirements.
By Alan R. Eber
QTIP Trusts: Advantages and Disadvantages
Reverse QTIP election, potential conflict between surviving spouse and remainder beneficiaries, and other issues. By N. Dean Hawkins
Shifting Trusts and Disclaimers, with Four Sample Clauses
A shifting trust provides ease of understanding and asset protection. By Alan R. Eber
Trusts: Protecting Beneficiaries with Spendthrift Clauses
Usage and establishment clause. By N. Dean Hawkins
NEW3 Divorce Discovery Forms
Matrimonial interrogatories, matrimonial requests for production of documents, and custody interrogatories. By Rory T. Weiler
Divorce Proceedings: Understated Business Income
Tax returns and other sources such as variance analysis, internal control, credit cards, materiality. By Nicholas L. Bourdeau
Saving Income Taxes
How to make additional funds available to both parties in a divorce. By Melvyn B. Frumkes
NEWTips for Drafting the Premarital Agreement
Includes 2 checklists, plus tips on dual representation, what to disclose, child support from a former marriage and more. By Rory T. Weiler
Uncovering Hidden Assets in Divorce Proceedings
Guidelines for investigation. By Nicholas L. Bourdeau
4 Case-Specific Client Interview Forms
Slip and fall, auto accidents, product liability and medical malpractice cases. By Ronald G. Bankston and John A. Tarantino
NEW4 Checklists for an Auto Accident Case
Task checklists for plaintiff and defendant, investigator witness interviews, and traffic accident photos to take. By Lawrence R. Klemin
Accident Reconstruction: 3 Motions in Limine to Exclude Junk Accident Reconstruction Science
How to use the IME and the subsequent treating physician to plaintiff’s advantage. By Steven R. Young and Michael R. Melton
Checklists for Dealing with Defense Doctors
Slip and fall, auto accidents, product liability and medical malpractice cases. By Ronald G. Bankston and John A. Tarantino
Cross-Examining the Defense Doctor re Pain
Overcoming 4 typical defenses. By Dorothy Clay Sims
Cross-Examining the Defense Orthopedic Surgeon
Strategies, outlines, and pattern examinations. By Kim Patrick Hart
Deciding Whether to Take the Injury Case, with Contingency Fee Agreement
With checklists and a contingency fee agreement. By Larry and Roger Booth
Defense Doctors: Debunking Claims of Exaggeration and Malingering
By Dorothy Clay Sims
Deposing and Examining the Economist
Strategy, pretrial preparation, and examination checklist. By Gerald D. Martin
Deposing the Defense Medical Expert About Pain
Sample questions to counter defense claims of exaggerated pain. By Dorothy Clay Sims
Deposing the Defense Medical Expert in Spine Injuries
Overcoming typical defenses to disc herniations. By Dorothy Clay Sims
Developing a Winning Strategy
Key factors affecting every personal injury case, techniques, and sample plaintiff and defense trial strategies. By Donald E. Woody
NEWDirect Examination Plan: Plaintiff in an Auto Accident Case
Includes tips, the strategic plan, a detailed outline, and witness examination questions. By Donald E. Woody
Economic Loss: Calculating Case Value
A simplified formula, unavailable elsewhere, for making rapid calculations in the courtroom. By Gerald D. Martin
Insurance Claims: Dealing with Adjusters
Tips to help increase the adjuster’s responsiveness and acceptance of your position. By Michael J. Morse
NEWMedical Negligence Cases: 3 Essential Practice Tools
A medical negligence client intake form, case-specific juror questionnaire, and over 6 pages of sample plaintiff voir dire questions. By Donald E. Woody
Responding to Defense’s Written Discovery and Avoiding Deposition Errors
Checklists and tips for personal injury cases. By Larry and Roger Booth
NEWThe Settlement Proposal: 5 Drafting Tips From an Adjuster
Includes a sample settlement proposal, plus tips on addressing adverse issues, dealing with pre-existing medical conditions, three items your proposal must include, and more. By Joseph L. Vaccaro
Slip and Fall Case:Deposing the Store Manager
Inspection practices, condition of the store, marketing displays, subsequent remedial measures, defenses, and other incidents. By T. Evan Schaeffer
NEWStrategies for Handling a Bad Faith Claim
Third-party vs. first-party, common law vs. statutory, identifying all sources of recovery, assigning a bad faith claim, negotiation tips, and more. By Joseph L. Vaccaro
Chart for Analyzing Disability Claimant’s Previous Work
Information required to perform a step-four analysis. By David Traver
Cross-Examination of Vocational Expert on U.S. Publishing Data
Disability lawyers can attack the method of compilation. By David Traver
Cross-Examination of Vocational Expert on Census Data
Dictionary of Occupation Titles (DOT) is not referenced by U.S. Census codes. By David F. Traver
Disability Claims and the Framework of the Medical-Vocational Guidelines
How disability advocates can reduce the occupational base. By David F. Traver
The Disability Hearing: Attacking the Vocational Expert’s Testimony on the Number of Jobs
Social security lawyers should ask for specific page and edition citations, and get copies of the resources used by the VE into the record. By David F. Traver
Disability Hearing: Using the Occupational Outlook Handbook in Your Cross-Examination
SSA regulations create an opportunity for social security attorneys. By David F. Traver
The Five-Step Sequential Evaluation Process for a Disability Claim
SGA, severe impairment, listing of impairments, residual functional capacity, significant numbers.By Thomas E. Bush
Interviewing the SSD Claimant: Pushing Back the Onset Date
Was the last job an unsuccessful work attempt or not substantial gainful activity? By Thomas E. Bush
Medical-Vocational Guidelines: Finding Maximum Residual Functional Capacity Possible
Chart with age, education, and work experience combinations. By Thomas E. Bush
Protect Attorney’s Fees From Being Taken to Pay Client’s Debts
Payee for EAJA fees, with protective client agreement. By Sarah H. Bohr
Questions for the Vocational Expert: Alternate Sitting and Standing
Light vs. sedentary jobs, walking requirements, bench height, and work station time. By Thomas E. Bush
Social Security Disability: Residual Functional Capacity in Musculoskeletal Impairments
Osteoarthritis, knee surgery, manipulatory ability, and errors in range of motion. Includes medical opinion form. By Dr. David A. Morton
Social Security Disability: Who is Eligible?
Examples of who is disabled under social security law, and advice on dealing with SSA. By Thomas E. Bush
Social Security Disability Benefits: Answers to Common Questions
Includes a sample memorandum and intake form. By Thomas E. Bush
Social Security Disability Claims: Dealing with Drug Addiction or Alcoholism
How SSA applies the drug addiction and alcoholism rules to the sequential evaluation process, with chart. By Thomas E. Bush
Social Security Disability Claims: Initial Hearing Questions for Claimant
Vocational training, work experience, medical history, and current treatment. By Thomas E. Bush
The SSA and Attorney Fees
The fee agreement process for approval of attorney fees. By Thomas E. Bush
The SSD Hearing: Questions on Physical Residual Functional Capacity
Outline dealing with the most common physical RFC issues. By Thomas E. Bush
Three Tests to Classify a Claimant’s Previous Work Experience as Past Relevant Work
Substantial gainful activity, duration, and recency are the three criteria to examine. By David F. Traver
Transferability of Claimant’s Skills: Principles and Cross-Examination
Low residual functional capacity makes it difficult to find transferability. By David F. Traver
Updated 08/12/13