Are we teaching what they will use?

Here at Stanford we haven’t shown our students Shepard’s in print in at least a decade.  And we have long since stopped using the digests in print as well.  So it was good to see these decisions validated in an article from the latest issue of Mississippi College Law Review, “Are We Teaching What They Will Use? Surveying Alumni to Assess Whether Skills Teaching Aligns with Alumni Practice,” by Sheila F. Miller.

The article wasn’t surprising to me, except the evident reluctance by law school alumni to use low-cost tools made available to them, namely Casemaker and Fastcase.

As can be seen from the frequency of usage chart, Lexis and Westlaw continue to be the most popular choices for online research. This finding is not significantly different depending on the size of firm, or year of graduation. This data is similar to a 2007 survey of Chicago lawyers in which 87% of attorneys surveyed who had practiced for zero to five years did “most” of their research in Lexis or Westlaw.   Casemaker provides free research for members of both the Ohio and Indiana Bar Associations. 43 Yet, only 16.9% of respondents used Casemaker often, very often, or always, and only 13.5% used it at least sometimes. This was a surprising number given the number of the respondents in small offices. In the follow-up interviews there was some criticism of Casemaker. For example, attorneys stated Casemaker is “too slow” and Casemaker is “not as easy as Westlaw, and I have an unlimited subscription for Ohio law.”

From Footnote #43:

Fastcase provides basically the same service for some other states, and we asked in the survey about Fastcase as well. The numbers were so low on Fastcase use that I did not include them in the tables of results.

Bloomberg Law is moving up

according to the Heard on the Street column in today’s Wall Street Journal, “Data Don’t Add Up for Thomson Reuters.”  From the story:

 a survey of legal-information customers by Claudio Aspesi of Sanford C. Bernstein in January found that 61% of respondents had a subscription to Bloomberg Law, up from 36% the year before. And some respondents said Bloomberg Law was getting closer to offering a breadth of data needed to completely replace a subscription to Westlaw or rival Reed Elsevier’s Lexis-Nexis.

LexisNexis and Westlaw charges – who’s paying?

A story in today’s Wall Street Journal, “Law Firms Face Fresh Backlash Over Fees, caught my eye with this paragraph:

Johnson & Johnson has its own strategy for curbing charges for legal-research services. The health-care-products company maintains its own subscriptions to legal databases such as Westlaw and LexisNexis. It asks law firms to use its accounts when doing work for the company. A J&J spokesman says the practice is one of several used to reduce costs for outside legal work.

Is this a common practice?  Comments welcome.

2011 Law Firm Legal Research Requirements for New Attorneys

2011 Law Firm Legal Research Requirements for New Attorneys

Patrick Meyer

Thomas Jefferson School of Law
September 26, 2011
Abstract:    
This article summarizes results from the author’s 2010 law firm legal research survey, which determined what research functions, and in what formats, law firms require new hires to be proficient. This survey updates the author’s 2009 article that is available at this site and which was based on this author’s earlier law firm legal research survey.

These new survey results confirm that law firms need schools to integrate the teaching of online and print-based research resources and to emphasize cost-effective research. The following federal and state specific print-based resources should be taught in an integrated manner: legislative codes, secondary source materials, reporters, administrative codes and digests.

 

Source:  LSN Law & Society: The Legal Profession eJournal Vol. 6 No. 74, 11/16/2011

The Future of Legal Search

Here’s a White Paper from Cognizant 20-20 Insights (September 2011) that should be of interest to many readers of this blog:

The Future of Legal Search:

Meeting Lawyer Requirements by Delivering More Contextually-Sensitive and Relevant Results

by Ambika Sagar

Some highlights:

Social media, crowdsourced data and other sources of information continue to generate volume and increase complexity.

Leveraging search history, information search providers can start analyzing how lawyers actually search to build artificial intelligence tools for constructing queries based on cases on which a lawyer is currently working.

Deriving context involves analyzing the pleadings to understand the legal issue.

Proactive search is an ideal opportunity to highlight the value of paid content.  By providing relevant free content and abstracts of paid content, the legal information industry can target upgrading of customers.

Better value propositions such as pay-per-result and assistance in discovery of relevant results can improve conversion rates.

Ideally, a single-sign-in, cloud-based solution that provides access to various tools and ensures maximum integration of research and case data with litigation tools will benefit lawyers the most and also help to attract users and keep them loyal to one platform.

Be sure to check out the article itself and its many useful illustrations.

How widespread is WestlawNext?

A student asked me this question.  Since I live and work in the beautiful bubble known as Stanford University,and have no idea how things work in the Real World, I turned to outside help to answer the student’s question.

I first asked our Westlaw representative, who provided this interesting and useful piece of information:

Based on a recent article about Thomson Reuters revenue, “The WestlawNext legal database has been sold to more than 18,500 customers since its launch in February 2010, representing 34 percent of Westlaw’s revenue base.”

http://us.mobile.reuters.com/article/businessNews/idUSTRE73R2OI20110428

 

But I knew that our students would want to know more specific information, so I sent out a quick request on the Northern California Association of Law Libraries (NOCALL) listserv.  I received 21 replies — 6 from Biglaw law firms, 8 from small/midsize firms, 2 from county law libraries, 4 from the courts (U.S. District, United States Court of Appeals and California Appellate), and 1 from a state agency.  Of the 6 Biglaw law firms, 4 have WestlawNext (although one, at present, is only making it available to firm librarians — see comments below) and 2 do not.

Of the 8 small/midsize firms, 5 have WestlawNext and 3 do not.

None of the public sector law libraries have WestlawNext.  The state agency reports that it might be added this summer.  I did find it a little ironic that the court libraries do not have WestlawNext — didn’t West get started by wooing the judiciary and treating judges extra special nice?

The comments I received were also very useful and I read many of them to my students, since they contain some great research tips and insights.

Here are a few of the comments:

I know that when firm librarians first saw the marketing materials, we were worried that the quality of search results would go down due to the one-box searching, but if anything the opposite has happened.  The result ranking is much better than it was previously, and you can see a lot more information before clicking into a document, which is great.

Our firm has a flat rate contract, so even though there is a cost for the original search ($50), the amount billed back to the client is significantly lower.  They shouldn’t be scared to use the resource due to the cost (at our firm anyway).  It’s in line with Lexis and the old version of Westlaw.  But of course, books are still cheaper.
Of course, they should still use good search practices so we’re not charging the client needlessly – searching broadly and then narrowing the focus, thinking before clicking into documents, checking before getting material from outside our pricing plan.  You can refer back to materials saved to a folder for a year, for free.  I’m saving a ton of material to folders.
The “price triggers” that incur costs: initial search, opening a document, clicking on the keycite materials. 
Our firm’s flat-rate contract doesn’t cover the PDF images of reporters – that’s the only place where you’re not warned before getting material outside of our contract.
We did a firm survey last year, and honestly, most of our attorneys start their research process on Google because it’s free.  Once they have useful information (like a case name or a statute or a law review article), they’ll go online and find all the related documents and secondary sources.  WestlawNext does a really good job of that, and the new format for KeyCite makes it easy to trace between material types. 
 
One more caveat: Keycite and Shepards both may say a case is good law when underlying statutes or cases have been invalidated (not always, but sometimes).  They don’t always catch it when a case has been invalidated by new legislation, as well.  Knowing how far to trust citator services is important.

 ————————-
 
Only librarians have been given permission to use WLN.  We will be offering mandatory class(es) on the product before attorneys are given passwords to access it.  We are aware that the law school students have been exposed to WLN & will likely expect to use it upon entering into the firm environment, so our window to get up-to-speed is fast approaching.Caveats:  Not everything has been loaded into WLN, so it could be frustrating to attorneys when prompted to transition in the middle of their research  to go to Westlaw. We’re also not sure if the costs will increase since clicking on any results keeps adding up the total.  I know we librarians have had conference call discussions about some of the quirky searching & results . . . .  Do I like it?  I had a trial ID & have not used it much since our contract went into effect in January.  I’m still “on the fence” about it, but realize it is the wave of the future in this Googlish society.
 
————————-
 
The federal courts do not have WestlawNext at this time, and my understanding is that while the Administrative Office in D.C. has discussed it with Thomson-Reuters, there is no plan to purchase it for the federal judiciary in the near future.
 
———————–
 
We are using it.  The attorneys really like it.  One thing I’ve learned about it is that you should never choose the hourly setting on WestlawNext.  Always use it in transactional mode since the nature of it promotes lots of browsing time.  Most law firms are turning off the hourly feature and forcing transactional mode, but if not it can wreak havoc with your flat-rate contract client allocation.
 
————————
 
My advice for students:  Know how much the search costs are before you do it.  And always call the research attorneys — they know their tool better than any of us ever will.
 
————————-
 
We aren’t using it in the [state] Judicial Branch.  It’s way too expensive and we can’t afford it!  And if Westlaw itself becomes too expensive for us we may be forced to use just one service.  Since Lexis has the official reporting contract, we must have access to them.
 
————————
 
We do not have WestlawNext.  We did a trial of it and it has potential, but we are not willing to pay extra for it.
 
———————-
I see other problems besides cost for WestlawNext in law firms.  To oversimplify: Google on new steroids represents WestlawNext’s research model. That model shows remarkable detachment from application to real-life research problems in law firms.  The stock examples used in WestlawNext’s demos fit TR’s marketing well enough, but I could not translate them into everyday, online research done in law firms. I also see evidence of algorithmic anomalies – possibly widespread – that have only begun to be explored.
 
———————–
We have been using WLN for the past year.  We hopped on the band wagon pretty early due to a demo seen here by our litigation partners.  The litigation attorneys like it a lot.  Power users of regular Westlaw have a big learning curve so do not like it quite as much.  It is great, however, for researching an area you may be unfamiliar with since it will give you the most relevant cases up front.  Our attys like this feature.  The attys also like the cost..they can figure out how much their research will cost them before going in since a search runs about $65
and then you can open as many docs as you want until you hit your research budget ($15/doc. or so).  It relieves some the pressure they feel when going in.  I think it is here to stay.  Even [after] I have cancelled Lexis access here, cut my print budget and staffing, the WLN contract was added without blinking an eye. . . .
 
———————–
 
We require everyone to be trained first on regular Westlaw. We will then train them on WestlawNext.  There a cost pitfalls with both.  Searching is cheaper and broader with WestlawNext, but if you want to look at lots of documents, you will run up the costs. Initial searching Westlaw is probably narrower (have to select a database), but then the documents don’t cost additional to view.
 
———————–
 
I would recommend that students avoid WestlawNext like the plague until they have a solid grasp on doing research on their own.  You do not want to be dependant on an algorithm created by a corporation to be able to do an essential part of your job.
 
I think Next can be a valuable tool and time-saver for attorneys who understand what the algorithm is doing and what the resources are it is returning in the results, but I worry if students start learning how to research using Next, they will not be able to do any research when they leave school unless they are using, and paying a steep price for, Next.
 
———————–
 
The two main reasons [we don’t have it] is that Westlaw would require us to have a separate contract for WestlawNext (we see this as paying for Westlaw twice), and WestlawNext does not have all of Westlaw’s content. . . .
 
————————-
 
Though honestly we haven’t embraced it completely and probably won’t until West tells us they are pulling the plug on classic.  I think it is a good product.  I like the $60.00 search and the left-hand screen that guides you to your hits.  The biggest issue is the pricing per document.  Those clicks just add up.  I am planning on asking our summer assoc. class if they are using Classic or NEXT, then based on the response, the rep. will concentrate on one or the other for the orientation. It will be interesting to see where the product stands with this first summer class who have potentially been using it at school.
 
———————–
 
We at the California Appellate Courts are not.  We have Westlaw and Lexis . . . [and] should be rolling out LMO [Lexis for Microsoft Office] soon, but that is as fancy as we are getting.
 
 
 
 
 

Fastcase partners with the Philadelphia Bar Association

From the Spring 2011 issue of The Philadelphia Lawyer, Vol. 74, No. 1, p. 30:

Fastcase: Research Made Easy

by Daniel J. Siegel

Legal research services are a necessity that no lawyer, or law firm, can be without.  Yet lawyers frequently lament about their cost, particularly in today’s difficult economic climate.  Recognizing this need, Chancellor Rudolph Garcia has announced that the Association has partnered with Fastcase, an innovative legal research service, so that Philadelphia Bar Association members will be able to complete most, if not all, of their online research for free.

Bloomberg Law’s discounts challenge information suppliers

“Bloomberg Law’s discounts challenge information suppliers” is the headline to a story in today’s Financial Times (p. 19) by Andrew Edgecliffe-Johnson.

The story quotes Lou Andreozzi, the new head of Bloomberg Law, on the company’s efforts to persuade attorneys to consider at least replacing one of their “Wexis” accounts with Bloomberg Law, since Bloomberg’s flat rate pricing (quoted at $ 450 per attorney) is preferable to the “more expensive and unpredictable sums” charged by the competition.

The story also reports how “Bloomberg has recruited ‘hundreds’ of lawyers to create a citation system, which advises users whether cases are still in use, to rival those owned by Westlaw and Lexisnexis.”

The story quotes analyst David Curie who says that “Bloomberg looked unlikely to make big inroads in the short term, but its ‘deep pockets’ made it a long-term challenger.  ‘The pricing definitely is the most challenging and disruptive thing about it,’ he said, predicting that others may follow its flat fees . . .

The story  includes a sidebar, “Legal services industry continues to expand” which includes this information:

Law firms and corporate legal departments once looked to legal research services for basic case law, newspaper articles and public records.

As such information has become more freely available, companies such as Thomson Reuters’ Westlaw division and Reed Elsevier’s LexisNexis have concentrated to turning their databases into online tools to enhance clients’ productivity.

The sidebar goes on to use Thomson’s acquisition of Pangea3 as an example.

Introducing and Integrating Free Internet Legal Research into the Classroom

“Introducing and Integrating Free Internet Legal Research into the Classroom”

University of Miami Legal Studies Research Paper No. 2010-05

JOOTAEK LEE, University of Miami – School of Law

The Global financial crisis has been discouraging legal researchers and practitioners from accessing high-cost databases.Many legal professionals and researchers are under financial pressures mainly because of the increased kinds and cost of subscription databases such as Westlaw and Lexis; thus, many legal professionals and researchers started considering free or less expensive internet resources for their research and classes. On the other hand, the number of these free or less expensive internet resources is increasing every year, and their coverage for legal sources is also expanded. Furthermore, just as the creation of a list of hypertext links to internet resources is not an easy task anymore because of the gigantic number of resources available, so simply providing created list to the law students will likewise irresponsibly confuse and intimidate them.

First, this article attempted to define internet legal research and to show the difficulty of distinguishing internet legal research from other online searches. Next, pros and cons of free or less expensive internet resources were discussed. Lastly, this article attempted to introduce and apply usability to various internet resources, criticizing Lexis and Westlaw by the principle of usability web-design.In conclusion, the necessity and prospective plan to establish evaluation standards for free internet resources including coverage, currency, accuracy, authority, appropriateness, and perspective will be explored

Source:  LSN: University of Miami School of Law Legal Studies Research Paper
Series Vol. 4 No. 2,  04/21/2010

Bloomberg Law, LexisNexis, Westlaw — New, Improved

From today’s New York Times:

The New York Times, Monday, January 25, 2010, p. B5

Technology

Legal Sites Plan Revamps As Rivals Undercut Price

By Ashlee Vance

Westlaw and LexisNexis, the dominant services in the market for computerized legal research, will undergo sweeping changes in a bid to make it easier and faster for lawyers to find the documents they need.

And in the February issue of the ABA Journal:

Legal Technology
Exclusive: Inside the New Westlaw, Lexis & Bloomberg Platforms
By Jill Schachner Chanen

After decades of Westlaw and Lexis rolling out incremental improvements, real innovation has become the watchword in online legal research. At stake: billions in revenue and a big piece of your computer desktop.

The ABA Journal article quotes yours truly.   A point I was trying to make, but it didn’t make the article, was how useful I find added features such as Westlaw’s ResultsPlus and Lexis’s Related Content.  These features steer students to what could be very valuable secondary source material that they wouldn’t necessarily think to search since many have the inclination to jump feet first into the case law databases.