What is a Legal Handbook?
When we talk about legal manuals, we are essentially referring to what are commonly known as legal handbooks. So what is a legal handbook? Well, the term covers a broad range of printed and electronic works, from the humble pocket guide for the layman to authoritative tomes summarizing the law. Oxford reference online for instance, defines a legal handbook as "a non-technical book summarizing the principal points of law and designed for a non-specialist readership."
For the purposes of this guide, we are talking about general introductions to the law, and not those highly specialist legal treatises which go well beyond the scope of what most practitioners or members of the public will ever need. Published primarily by Thomson Reuters and Lexis PSL , the vast majority of legal handbooks in circulation today are designed to be accessible to a general audience. Therefore, in our What’s What series, we will explore what a legal handbook is, and how they work to provide effective legal reference material. By definition, they are designed to be beginner-friendly, but don’t let that undercut their massive potential – they can save lawyers hours of time, and provide the perfect introduction to a complex area of law. A legal handbook is a life-saver for practitioners of all levels, so come with us now as we take a closer look.
Key Features of a Legal Handbook
Introduction
Legal handbooks typically have certain vital components that are crucial for their understanding and utility. Each of these components facilitates a different aspect of legal research, from definitions to procedures to guidelines. This section explores the different components that might be included in a legal handbook.
- Appendix: Includes any additional legal resources or information that would be useful to have easily at one’s fingertips. This could include blank pleading forms, procedural checklists, statutes as examples or a list of local bar associations.
- Cases Illustrating a Point: Contains summaries of legal cases in which the point made is illustrated. The cases may have been decided in other jurisdictions and the treatment might not necessarily be binding precedent upon the reader.
- Statutes: List of local, state, federal or international statutes that apply to the subject.
- Comments: Contains text useful for understanding how to interpret a provision, as well as case rulings for how it has been interpreted.
- Cross References: References other provisions in the book that touch on similar points or issues.
- Rules: Enabling statutes granting authority to adopt and amend rules, such as court rules, Attorney General rules or agency rules.
Who Requires a Legal Handbook?
Without getting too deep into the specifics of practice area, here is a list of groups who will find legal handbooks to be useful: Clients: Handbook publisher Matthew Bender says that corporations use their handbooks in particular for compliance and training. Clients often use handbooks to educate themselves about areas of law with which they may be unfamiliar. Corporate clients will also use them to benchmark various practices against their own. Laywer-to-lawyer: Baker & McKenzie’s Houston office uses handbooks on international jurisdictions to familiarize themselves with the law in other lands with which they are not familiar. Lawyers use handbooks to bone up on practice areas, find sample forms and pleadings, and familiarize themselves with procedural rules and doctrine. Government: The Federal Judicial Center calls their series of handbooks "bench books". In many cases these are produced in conjunction with law review articles and other scholarly works. Law students: The handbooks are often used as study guides or cursory introductions to a practice area. Some forms of handbook are quite helpful for the first or second year associate, who would use them in the course of negotiations or drafting discovery requests.
How to Select the Perfect Legal Handbook for You
When choosing the right legal handbook, lawyers should consider the area of law they practice in and whether the handbook covers that area thoroughly. It’s important to choose a handbook that is relevant and applicable to one’s specific practice. Similarly, if you practice in multiple areas of law, you may need to select several different handbooks that cover your practice as a whole.
Depth of content is also crucial when selecting a legal handbook. Some legal handbooks provide a comprehensive overview of the subject matter, while others go into greater detail on specific legal issues. The most appropriate level of detail can depend on the issues most commonly handled by the practitioner.
The reputation of the publishing company behind the legal handbook should also be taken into consideration. Hands-on experience with the handbook is beneficial, as reviewing the material yourself can give you an idea of the quality of content and usability. If you’re unable to do this first, speak with other attorneys who have used the handbook to gain their insight. Reviews written on vendor websites may also provide some indication of the handbook’s usefulness.
Phenomenon changes over time – new issues arise in law, some areas of law fade away while others become more authoritative. Lawyers should stay up to date with the frequency of legal handbook updates to ensure that they are getting the latest pertinent information.
When it comes down to selecting the right legal handbook, lawyers should choose the book that they know and trust. When they consult the chosen book, it helps them improve their confidence, efficiency and results.
Maintaining and Updating Your Legal Handbook
The legal landscape is dynamic, with new laws regularly enacted, and existing statutes revised or revoked. Failure to update a legal handbook promptly can result in potentially expensive litigation. Because statutes can change and be amended, an employer’s legal handbook should specifically state that its contents may be amended or deleted at any time. Moreover, employers may need to issue a supplemental, all employee memo for major policy changes in the middle of the year. By issuing a one or two-page memo, explaining the changes, the employees will be aware of the changes, and will not "hoard" handbooks, so that if there is an issue, they can always pull out the "old" handbook.
Further, there are solutions for issues. Attorneys can draft-up boilerplate provisions for particular application in future handbooks. By ensuring that the handbook language includes the latest information, employers can limit their potential liability . Additionally, some technology companies offer regulations-management software that keeps employers’ handbooks current with state and local law. There are also many services that employers can use to monitor their compliance via e-mail.
Employers should update the handbook whenever there is a change in their policies or in the law, but on a regular basis as well (at least every year), and certainly after a significant incident. Employers that have had an incident should seek the advice of counsel before making any revisions to their handbooks, because depending upon the issue, the employer may need to make revisions that do not alert employees to the issue. Notably, at least one court has imposed a $100,000 sanction upon an employer that altered its handbook in response to a lawsuit, because the Court found that the handbook revision was careless and represented "a failure to take responsibility for its obligations."
A Legal Handbook versus A Legal Textbook: Main Differences
Legal handbooks and legal textbooks serve different purposes and audiences, which is why those who are thinking about writing a legal handbook often ask me what the differences are between the two types of publications. The answer is that there are rather large differences both in terms of what each publication is intended to do and who the intended audience or reader is.
Legal handbooks are written for practitioners. Their audience is the practitioner who needs more than the basics but who is not going to work through a textbook. Practitioners want to know what the law is and how to do something about compliance. Practitioners are not as interested in the history of the law and the issues that surround it until after they have completed their own work. When writing for practitioners, it is important to remember: (1) they are very busy, (2) they do not have a lot of time to absorb information, (3) they do not have time to read all the caveats and disclaimers, (4) they want to learn the law in a readily understandable fashion with a minimum of effort, and (5) they are not always going to rely on you as a primary source of law.
In contrast, legal textbooks are intended for law students, professors, judges, counselors and other scholars. Typically, the audience is looking for background information and general principles of law. The law student, law professor and counselor (who is often also a law professor) is looking to teach students or other scholars the general principles of the laws. The law student is not interested in learning details like the price of staplers in the first letter the IRS sends to a taxpayer who owes taxes he failed to pay. And the law student already understands that the law changes over time and that the law is passed by legislators, implemented by agencies and interpreted by the courts.
Digital or Print Format Legal Handbooks: Pros and Cons
Digital versus print legal handbooks is an interesting choice. Digital can be more accessible but not always. The pros and cons are just as fierce.
I have been reading legal handbooks that have both a digital version and a print version, for over a decade. Much of the time, my preference is for print but in certain instances, digital is just fine. The issue is very much like the Mac versus the PC. Both sides of the argument are very strong! Many lawyers may wonder why sometimes it makes more sense to use the digital without the print, the reverse is also true. And others may wonder what is the difference if they have both? Well, let’s look at some key differences. The accessibility of print is obvious. You pick it up and read it. Or you can easily access it in a library or on someone’s desk. And that is where digital kind of falters on this one. If you are at your desk and your computer is not on the internet, you can’t access digital copies. Digital copies can be read on the screen. But that means that you have to strain your eyes. And with the amount of time that most lawyers spend "reading" per day, strains your eyes. At least with practice materials, you are dealing with a variety of issues. Portability is also another pretty obvious point. Digital can be read out of the office. Print means you are taking it with you! Of course, that may not always be true. You can have a tablet that is portable that holds any number of digital books, even those that you scan in . Usability goes to the ease of use. Now, if the digital book is in PDF form, it is pretty easy to read. I can search for terms (even if I don’t know exactly how they are spelled) so I can find things fast and easily. On the other hand, with print, I am stuck looking for things the old fashioned way, by using an index or table of contents. And that may not be so bad if you are looking for a section title or something like that. Let’s not forget that sometimes, I need to highlight notes, circle things and place post it notes in places that I want to remember. I can do that easily and without worry on the printed format. On digital, I can make electronic notes but that takes many times a lot longer. Many times I would rather make a note of something rather than add a note in a digital format. And then let’s not forget that I sometimes want the legal book on my desk. It is a quick reference tool that I can turn to at any moment. I am obviously referring to print. Most of the time, digital legal handbooks are a bit different. They are not references for quick reference. They are usually a collection of information that you look up as you need it. Plus, if you are like me, I tend to remember information better when I read it on paper, not on a computer screen. There are some trade offs between digital legal handbooks and print legal handbooks. The real key is which works for you. A hybrid model may actually be necessary. That is something you have to think about.