Lawyers’ Practice Materials
Text to Accompany Power Point
Resources cited in the winery hypothetical: This list is not meant to be exhaustive
but rather illustrative of the types of practice materials that would be used in
establishing and running a winery.
Choosing a Business Entity
CLEs: Numerous CLEs ex. Choice of Entity & Other Business Start-up
Issues (Washington State Bar Association1996).
BNA Corporate Practice Series Porfolios: Bruce P. Ely & Christopher R.
Grissom, Choice of Entity: Legal Considerations of Selection (Bureau of
National Affairs, 2001-)
Lexis/ Bender: Business Law Monographs: Includes General Business,
Series, Employment Series & Intellectual Property Series
Ribstein & Keatinge on Limited Liability Companies multivolume looseleaf
set (Thomson/West)
Forms for Business Entity
Topical: Morton S. Wolf, Fletcher’s Corporation Forms Annotated (4th ed.
Callaghan 1972 – (updated w/ pocket parts)) – not state specific
Washington Specific: Stewart M. Landefeld & Eric A. DeJong, Washington
Business Entities: Laws & Forms (2nd ed. Lexis 2005)
Secretary of State’s office also has basic forms: www.secstate.wa.gov >
Corporations > Registration forms
www.secstate.wa.gov/corps/registration_forms.aspx
Licensing (Tied house laws)
Licensing is generally a state and local issue. The WA dept of licensing
www.dol.wa.gov Choose Business > Washington Licensing Information
(WALI)
Financing [Business needs to get credit and secure payment (UCC)]
Sales: Article 2
Payments: Articles 3 & 4
Letters of Credit: Article 5
Security Interest: Article 9
Lary Lawrence, Anderson on the Uniform Commercial Code (West, 1981looseleaf updated)
Department of Licensing has a financing statement. www.dol.wa.gov >
Forms > Uniform Commercial Code Forms
Acquiring Property [Real estate Contracts, Water Rights]
State issues: Edward W. Kuhrau ed., Washington Real Property
Deskbook (3rd ed. looseleaf, Washington State Bar Association, c1997-)
Water Rights: Dan Tarlock: Water Rights and Resources
Bridge the Gap
May 21, 2008
June24, 2008
Barbara Swatt Engstrom
Lawyers’ Practice Materials
Land Use [Zoning, Permitting, Environmental Regulations]
Land Use is general local law, but state law will also apply.
Arden H. Rathkopf and Daren A. Rathkopf: The Law of Zoning and
Planning
Municipal Codes: www.mrsc.org
Contracts [Employment, distribution, services & supplies]
Contract law is generally state law, but because parties have freedom to
contract you may want to look at resources that are not jurisdiction specific
Robert A. Feldman & Raymond T. Nimmer, Drafting Effective Contracts: A
Practitioner’s Guide (2nd ed. Aspen 1999-)
Treatises on specific types of contracts: Williston on Contracts: Forms
General Formbooks: AmJur Legal Forms, West’s Legal Forms, Nichols
Cyclopedia of Forms
Employment Issues [Overtime, workplace safety, discrimination]
Thomas A. Lemly ed., Washington Employment Law Deskbook (Davis
Wright Tremaine 2005)
CCH Employment Practices Guide (Part of Labor Law Reports)
multivolume set
Taxation [Need to deal with employee withholding other tax issues]
Federal taxes: CCH Standard Federal Tax Reporter or BNA Tax
Management Portfolios
State & Local taxes: Washington State & Local Tax Deskbook
(Washington State Bar Association 1996)
Intellectual Property [Brands, Trademarks and Labels]
Treatises: Nimmer on Copyright; McCarthy on Trademarks and Unfair
Competition; Chisum on Patents
United States Patent and Trademark Office allows for filing and searching
for trademarks and patents: http://www.uspto.gov
Estate Planning and Will Drafting
Estate planning is mostly state law except for tax consequences. Thomas
R. Andrews, John R. Price & Mark Reutlinger eds., Washington Estate
Planning Deskbook (Washington State Bar Association 2005)
Thomas R. Andrews, John R. Price & Mark Reutlinger eds., Washington
Probate Deskbook (Washington State Bar Association 2005)
Mark Reutlinger, Washington Law of Wills and Intestate
Succession(Washington State Bar Association 2006).
Bridge the Gap
May 21, 2008
June24, 2008
Barbara Swatt Engstrom
Lawyers’ Practice Materials
Family Law
Family Law is state law
Washington Family Law Deskbook: (Washington State Bar Association
2000) analysis of issues and forms
Washington Practice volumes: Kenneth W. Weber, Family & Community
Property Law with Forms (Vols. 19 & 20 West 1997-)
Mandatory Domestic Relations Forms www.courts.wa.gov/forms
Bankruptcy
Bankruptcy is mostly federal
Collier on Bankruptcy and Norton Bankruptcy Law and Practice are two of
the major bankruptcy sets. They are multivolume treatises and have
forms.
You may also be able to get forms from the bankruptcy court itself. The
bankruptcy court is a separate component of the federal court system
Ex: Bankruptcy court for Western District of Washington forms
http://www.uscourts.gov/bankruptcycourts.html Use tab that says Forms
Bridge the Gap
May 21, 2008
June24, 2008
Barbara Swatt Engstrom