More and more these days, it seems that lawyers and law librarians from around the country who are familiar with O’Connor’s Federal Rules * Civil Trials (or our Texas products if they happen to be down here with local counsel) are eager for us to start publishing books for their state. So I’m pleased to announce that we’re expanding our product line to include the great state of California, home to over 210,000 attorneys, nearly three-quarters of whom are on active status.
Given the requests we’ve received from California lawyers and law librarians, the only difficult decision we had to make was whether we would start with a civil procedure manual or a causes of action manual. Either way, our reasons for producing a California title were essentially the same as our reasons for creating law books in the first place—namely, law students and attorneys (both young and old) need a practical, well-written, and affordable guide to state civil practice. In the end, we decided a civil procedure manual covering California pretrial practice should be first.
Years ago I came across the following comments published by a former Berkeley law professor here, and in many ways his observations capture the reasons we chose to create a civil procedure manual:
California lawyers are already blessed with multi-volume works on California civil procedure. The Rutter Group, now affiliated with the West Group, has published: Civil Procedure Before Trial, by Robert I. Weil and Ira A. Brown, Civil Trials and Evidence, by William E. Wegner, Robert H. Fairbank, Norman L. Epstein, and Eli Chernow, Civil Appeals and Writs, by Jon B. Eisenberg, Ellis J. Horvitz, and Howard B. Wiener, and Enforcing Judgments and Debts, by Alan M. Ahart. Bancroft-Whitney Co. (also affiliated with West Group) has published the encyclopedic California Procedure, by Bernard E. Witkin. Why another work covering the same ground?
Legal texts have become bloated and unaffordable. The four Rutter Group series named above comprise ten volumes, take up roughly 36 inches of shelf space (fortunately, CDROM versions are available), and cost a total of $800. (These are 1996 prices.) Annual updates cost a total of $328.50. …
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California Procedure suffers from similar shortcomings. The third edition comprises ten volumes, consuming roughly 19 inches of shelf space at a total cost of $995.00. (A CDROM version of the entire Witkin library costs $2,500.) Annual updates cost $249.50. Bancroft-Whitney used a somewhat larger page size, but the author apparently could not bear to cut obsolete material. Consequently, one must plow through extended discussion of repealed statutes and overruled cases. …
Because of the expense and space requirements, the purchase and storage of these books imposes a substantial burden on the customer. Law firms cannot afford to buy each litigator a personal set. Instead, a firm will buy a single set and place it in the firm library. This means that a lawyer who has a question about California civil procedure must walk to the library and locate the needed volume. More often than not, some lunkhead has taken that volume back to his office without leaving a note.
Another factor in our decision has been the Committee of Bar Examiners’ vacillating on whether to test for state civil procedure on the bar exam. In 2002, the Committee finally decided to cover California civil procedure and evidence on the bar exam, with the change taking effect last year. The Committee’s decision was important in our analysis for one simple reason: students need the best possible resources to help them learn and understand state civil procedure.
To put this in perspective, there are 69 law schools in California—20 accredited by the American Bar Association, 18 accredited by the California Committee of Bar Examiners, 17 unaccredited, and 14 correspondence law schools—and students from most of these schools can sit for the California Bar Exam. Unfortunately, only a handful of schools teach California civil procedure as a dedicated course; many simply include state procedure in the students’ first-year federal civil procedure course. This seems especially unwise given that the bar exam is structured to test on the differences between the two systems. Learning one procedural system is difficult enough, much less two at a time. Check out Professor Bill Slomanson’s (Thomas Jefferson School of Law) comments on the subject here. To us, this situation represents an unfulfilled need—multivolume treatises, while authoritative, don’t necessarily help a law student learn state procedure.
So a year ago, we finally put our pens to paper (fingers to keys, actually) and started working on O’Connor’s California Civil Pretrial Handbook, a 10-chapter commentary book covering everything from pleading and motion practice to disposing of the case before trial. Here’s a peek at the table of contents:
Chapter 1: Introduction
Chapter 2: Attorneys & Judges
Chapter 3: The Plaintiff’s Lawsuit
Chapter 4: The Defendant’s Response
Chapter 5: Subpoenas
Chapter 6: Alternative Dispute Resolution
Chapter 7: Pretrial Motions
Chapter 8: Discovery
Chapter 9: Discovery Motions
Chapter 10: Disposition Without Trial
We’ve also decided to include an annotated Evidence Code for assistance in the courtroom. The Code has some particularly helpful O’Connor’s features that I think you’ll enjoy. We’re still debating whether to include selected provisions from other codes; I’ll keep you posted here on future developments.
It’s been an exciting and challenging experience so far working with the California procedural system, particularly given the volume of rules dedicated to the subject. In the end, we think you’ll be pleased with the result.
If you have any thoughts about our products or what you’d like to see in the Civil Pretrial Handbook, please feel free to leave a comment.
