The theme song, "The Yellow Brick Road Song", is performed by spoken word poet and musician Iyeoka Okoawo. Co-written by producer David Franz, it is the lead single from her album Say Yes.
Fairly Legal first appeared on the development slate for USA Network in August 2009, under the working title Facing Kate.
Casting announcements began in late October 2009, when Sarah Shahi was cast in the main role of Kate Reed. Michael Trucco and Virginia Williams joined the cast in early November.
The character of Judge David Nicastro is named after Michelle Nicastro. The TV series is executive produced by her widower, Steve Stark.