Book Reviews

• Full Disclosure: The New Lawyer's Must-read Career Guide
• The New Article 9 Uniform Commercial Code, Second Edition
• Wisconsin Practice Material: A Selective, Annotated Bibliography
• O'Connor's Federal Rules - Civil Trials 2000
• O'Connor's Federal Forms - Civil Trials 1999
• Unbundling Legal Services: A Guide to Delivering Legal Services à la Carte

• To review a book

This book will be of interest primarily to law students who want to know what it is really like to work at large law firms and how to successfully pursue associate positions at these firms.

The first several chapters focus on the mechanics of applying and interviewing for entry-level positions. Much of this information should be readily available in any well-run law school career services office, but Full Disclosure organizes it all in one place, adding some blunt and insightful suggestions.

The author thoroughly discusses the details of daily practice in a large firm, including aspects the unwary law student may fail to consider. For example, Carey describes the idiosyncrasies and common features of various billing methods in her chapter entitled "Law Firm Economics 101."

One caveat: The book focuses on firms, and Carey all but neglects government work, public interest work, solo practice, and nontraditional careers in law. She does, however, devote a chapter to in-house counsel, describing and demystifying a career track for which most law students and young lawyers lack firsthand knowledge.

In another chapter, Carey helpfully summarizes the typical characteristics of boutique firms. She describes the work environment a young lawyer is likely to encounter at these specialty firms and contrasts it with that of the larger, more traditional "full-service" firms.

Full Disclosure also contains chapters on gender issues in the legal profession, alternative work arrangements, beginning practice tips, and mentoring.

The book's last 200 pages consist of appendices, most of which list large firms by geographic area and include contact information for these firms. Most of this appended material is readily available on the Web, and probably more current in that medium.

In sum, Full Disclosure is a worthwhile manual for any law student or recent graduate considering practice at a large firm. Other readers may find the book less relevant, but should not overlook individual chapters that may prove useful in pursuing any career in law.

Commercial law practitioners have been awaiting the Revised Article 9 of the Uniform Commercial Code, which was adopted by the Wisconsin Legislature and became effective in Wisconsin, 26 other states, and Washington, D.C., on July 1, 2001. According to the editor of The New Article 9, Uniform Commercial Code, Second Edition, the changes to Article 9, the first since 1972, will "bring about a 'seismic shift' in lending practices." The revisions enlarge the scope of Article 9 to include software (embedded in goods) and other intangibles, including credit card and health care insurance receivables, simplify the procedures for perfecting security interests, recognize electronic commercial procedures, and create new rules for consumer transactions. As of Aug. 27, every state and the District of Columbia have passed revised Article 9.

This book, comprised of articles written by Steven Weise and Edwin Smith of the Article 9 drafting committee, enables the reader to study the pending revisions, consider the changes in detail, and refer to the revised code. This book is divided into six sections: 1) a short overview; 2) a checklist for current and future Article 9 transactions; 3) an in-depth introduction to Revised Article 9; 4) a detailed study of the complicated transition rules; 5) a chart comparing current and Revised Article 9; and 6) a comprehensive index to Revised Article 9. The book also includes the current Article 9 and a complete annotated text of Revised Article 9.

While the book is geared towards the experienced practitioner, with a minimum of study, the clear and concise text can be used by any attorney. The transition section will be most helpful, and contains a flow chart explaining how to keep a security interest perfected throughout the transition period. The book also directs readers to several Internet resources that will provide further information about the new law and technical amendments still pending with its drafters.

This useful reference catalogues a wide variety of legal resources specific to Wisconsin law (general treatises covering other states are omitted). Generally, the bibliography limits itself to works published or updated within the past five to 10 years. However, if a legal topic has not been addressed recently, the book cites established reliable sources.

The bibliography includes a concise description of each title or resource cited. It would have been improved by providing recommendations regarding the quality and popularity of the resources cited. Instead, the description includes such information as number of volumes, form of publication (for example, looseleaf), whether the title is updated routinely, general content of the work, whether the work incorporates case law or statutory citations, and whether the work is indexed.

The book is organized by legal topic. The first section covers a variety of general research and reference resources that cannot be easily categorized. Materials here range from Wisconsin Statutes to treatises to Internet Web sites. Thereafter, the bibliography covers about 80 legal practice areas. The bibliography is not arranged in specific subtopics. For example, there may be reference to materials on gender discrimination, but there is no specific gender discrimination subsection within the bibliography's extensive employment section. The description given of each particular title is, however, usually enough to allow the reader to discern which resources are appropriate for him or her by plowing through unrelated title descriptions for titles specific to gender discrimination. The descriptions are concise enough that this is not a tedious process.

The appendices in the bibliography are excellent. Particularly, Appendix 2 is an extensive list of legal publishing sources, both local and national. Appendix 3 includes a short list of Wisconsin legal information centers, primarily law libraries. Appendix 4 lists Wisconsin document depository libraries alphabetically by the city in which the libraries are located.

The book generally is excellent. An index of all topics, authors, titles, and resources would have improved it, but the topics are listed alphabetically, which makes the table of contents roughly equivalent to an index. It is a succinct and fairly comprehensive resource citing authorities on most legal topics practiced in Wisconsin.

As the law becomes more complicated, the fundamentals seem to get lost or overlooked. The two-volume set, O'Connor's Federal Rules - Civil Trials 2000 and O'Connor's Federal Forms - Civil Trials 1999, is the cure. This set is a handy desk reference for federal civil procedure that is loaded with practical information about the Federal Rules of Civil Procedure.

The bulk of the federal rules volume is devoted to commentaries on federal procedure. But since the text of the rule is always the starting point, the volume reproduces the Federal Rules of Civil Procedure as well as the rules on multidistrict litigation, Federal Rules of Evidence (with some annotations), Federal Rules of Appellate Procedure, the Constitution, the Advisory Committee notes, and portions of the U.S. Code. An introduction provides a context on how the various federal rules were enacted and how they must be considered together.

The commentaries are the backbone of O'Connor's Federal Rules. These commentaries are organized by topic, starting with the commencement of litigation and running through post-trial motions. The commentaries provide basic information about the rules controlling each stage of litigation, with a discussion of the purpose of the rule, the legal standards, and case annotations to make the point. Interspersed are notes with "practice tips," "cautions," and information on "circuit splits" to assist the reader to more fully understand subtleties in the rules. The authors tell us, for example, that a circuit split exists on whether sanctions pursuant to Fed. R. Civ. P. 37(d) requires a total failure to respond, or merely an evasive or misleading response.

The most impressive parts of O'Connor's Federal Rules are the copious annotations that accompany each subject area. The book's summary judgment portion is particularly helpful. It discusses not only the procedures and usual standards, but provides details, with annotations, on the proper form of affidavits or declarations, and standards and tips on filing summary judgment on affirmative defenses and counterclaims. Again, the annotations provide the foundation for research to support the motion by relying on cases that arise in the same procedural context.

The second volume, O'Connor's Federal Forms - Civil Trials, is a helpful companion to the federal rules book. The forms are organized by topic, starting with the pleadings and ending with post-judgment filings. The authors have included a basic form for each type of filing from the complaint, discovery, trial filings such as offers of proof, and post-trial filings such as a motion to reopen the time to file and appeal.

The forms are cross-referenced to the federal rules volume. Most useful are the case citations included in the form memoranda. In the form for involuntary dismissal, for example, the authors have included supporting legal authority for each of the reasons for dismissal. Likewise, case citations are included in the form memoranda in opposition to involuntary dismissal. Another helpful feature is the discovery forms. Not only do the authors provide basic forms, but they provide substantive examples of plaintiffs and defendants discovery for claims such as breach of contract, auto accidents, federal tort claims, copyright infringement, sexual harassment, ADA claims, and so on. These forms, like any form, cannot simply be adopted. But they are helpful guides to structure filings and conduct research.

The federal forms volume is a bit more limited in utility than the federal rules volume. The best use of the forms volume is for newer lawyers who are still gaining experience with preparing filings and have not developed their own style. Still, the citations are a useful resource for any practitioner who needs to quickly find the leading authority supporting the basic premise of a motion.

O'Connor's Federal Rules - Civil Trials and O'Connor's Federal Forms - Civil Trials are practical guides for everyone who needs to have a resource on the basics or a quick reference to the workings of the Federal Rules of Civil Procedure.

While it may not be suitable for every lawyer or every client, the author makes a persuasive case that we should all become more familiar with how unbundled legal services can be delivered. Unbundling Legal Services: A Guide to Delivering Legal Services à la Carte will assist attorneys and clients to better understand this method of delivering legal services, and enable them to make informed decisions as to whether this delivery method is right for them.

As an authority on this consumer-oriented delivery method, Mosten provides a unique and thoughtful perspective into these matters. His interest in unbundling legal services stems from his "devotion to preventative law" and his hypothesis that "[c]onflict avoidance and preventative planning have a major place in unbundling theory and practice."

Mosten provides a valuable discussion of the potential uses, benefits, and advantages of presenting and delivering unbundled legal services. The book's structure clearly and carefully introduces the reader to elemental descriptions of unbundling and how it can work. The book is a helpful and informative source to learn more about the concepts of unbundling legal services.

This book will help attorneys evaluate whether this model for providing legal services is suitable for them. The book encourages thoughtful introspection, and provides practical methods through which attorneys can consider whether and what type of unbundled legal services they might be comfortable in providing. The book includes "how-to" chapters to assist attorneys in restructuring their offices, intake procedures, and case handling methods to better implement the delivery of unbundled legal services. Mosten even addresses the perceived concerns about malpractice, and provides specific approaches and methods for controlling such risks.

Mosten's discussion is both innovative and reassuring:

"Some say that this model is a threat to lawyering as we know it. The truth is that I can never envision a day when lawyers will be required to unbundle. However, I can see incentives, training, and other encouragement from society making it easier for the consuming public to get unbundled help and easier for lawyers to feel safe to offer discreet-task service products as a supplement to their traditional full-service practices."

While unbundling may not be for everyone, this book should be on every lawyer's reading list.

Wisconsin Lawyer