Document assembly is alluring. The MSBA has long provided fillable PDF forms for the statutory Uniform Conveyancing Blanks. Practicelaw.org will soon offer server-based HotDocs assembly of some forms. Exari has a demo of similar online document creation. Major legal research companies also provide forms.
But forms are not always the best practice tool. A form says "there is one way to draft it." In fact, there are many ways to draft any complaint. Sure, the rules give some "form" complaints. But the introduction notes that the "forms are intended for illustration only." That caveat mirrors Rule 84's statement that the appendix forms are intended only "to indicate the simplicity" allowed -- far from purporting to show best practice.
Generally I prefer samples to forms. A sample says "there's more than one way." I'd rather see six samples of a complaint for some cause of action than a single form. Having varied samples allows greater appreciation for what's essential versus what's desirable.
The same goes for contracts. I have no quarrel with the services contract the Exari demo produced for me, and I liked the web interface. But that document's main value for me would still be mainly to save manual typing for a rough skeleton; not as a revelation of best clauses. Any such contract I'd draft for a client would contain significant changes.
It's valuable for a bar association to help its members with forms. But it's even better for an association to provide ways for lawyers to meet and to share ideas (and sometimes samples, appropriately redacted) directly.
This was a good article. Here at the MN Dept. of Revenue Property Tax division we are trying to put many of the state property tax forms on-line. Look for the Certificate of Real Estate Value (CRV) to be based on XML, XML Schema and XForms standards.
Posted by: Dan McCreary | March 07, 2007 at 10:47 AM