Hip High Hires Hein

Mainly for its debate team – see below.

There are numerous ways to keep up with developments in legal bibliography and legal research.  Blogs bring lots of news about legal research plus more.  Twitter is great for breaking developments and news (some of my favorites here include @aabibliographer, @EJWalters, @glambert, @jasnwilsn, and the amazingly good @lawlib).  Visiting the vendor booths and demonstrations at the conference exhibit hall, while one of my very least-favorite things to do, is also useful for learning the latest and greatest. 

But there’s no substitute for face-to-face meetings with vendor representatives.  Here at Stanford we always look forward to our more-or-less annual visit from Steve Roses, our HeinOnline representative.  Steve is personable, highly intelligent, and shares his passion for his products with us — he’s less a salesperson and more a partner in our research efforts.  And we always learn something new.  During Steve’s last visit  here, while we were chatting about this and that, Steve mentioned that Hein had just acquired its first high school customer, a high school in Texas.  I found that tidbit intriguing and shared it with my class; one of the students later e-mailed me a note, “I have a friend who went to [that high school*].  It’s a very achievement oriented high school!”

*The school wishes to remain anonymous.

I shared that information with Steve and he recently wrote to me that Hein now has its second high school customer:  Loyola High School in Los Angeles.

The school’s library director, April Hannah, reports that the school acquired the database primarily for its debate team and she is delighted that she can provide an affordable legal database to the team and its coaches (they just can’t afford LexisNexis she wrote in an e-mail).

I’m really impressed.  How many times have we reference librarians received a request from a patron who was looking for a certain law review article and threw up their hands saying “I couldn’t find it in Lexis or Westlaw.”  So many students find LexisNexis and Westlaw to be the be-all and end-all for, well, everything.  It’s always a pleasant revelation when we show the students (and faculty) how they can locate secondary sources plus a huge corpus of law review content, read compiled legislative histories, find the Federal Register going back to the beginning of time, plus lots more, and all without worrying, or even thinking about, search charges.

And I just can’t wait until the kids from Loyola High School make their way to law school!

(The high school, by the way, was the subject of a MSNBC segment on community service – you can watch the clip here

http://vimeo.com/13773712 )

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.

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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.
 
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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.
 
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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.
 
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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.
 
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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.
 
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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.
 
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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. . . .
 
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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.
 
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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.
 
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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. . . .
 
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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.
 
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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.
 
 
 
 
 

Free and really good information from Justia – daily opinion summaries; weekly practice area summaries

Our friends at Justia sent an e-mail to law-lib about their new free case summary service.  Since all the world doesn’t read law-lib, I’ve pasted below Tim Stanley’s exciting  announcement.  I’ve signed up for the FREE (my favorite word) service, and it’s a terrific tool for keeping up with decisional developments both by specific court and also by subject matter.  I’m going to encourage all of my students to sign up too, especially those who want a judicial clerkship, as this is a nifty tool for students to learn about very recent decisions from the judges with whom they are interested in seeking interviews and positions.

Here’s Tim’s e-mail:

 

Hi All,

Justia would like to introduce our new Free Daily Opinion Summaries service.

We will be writing daily summaries for the Federal Appellate Courts
and selected state supreme courts (eventually we will add them all).
You can subscribe to the summary emails at:

     http://Daily.Justia.com

We will also be sending out weekly practice area summaries emails that
will include all of the summaries for all courts we wrote that week in
the legal practice area.

Here are some examples from last week:

U.S. 9th Circuit Court of Appeals:    http://j.st/ost

Environmental Law Weekly Summaries:    http://j.st/osv

If you have any suggestions for layouts, additional courts or practice
areas, please let us know. The current courts and practice areas we
cover are:

DAILY COURT SUMMARIES

U.S. Federal Courts: U.S. Supreme Court and the Federal, D.C., 1st,
2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th Circuit Courts of
Appeals

U.S. State Top Courts: Arizona, Arkansas, California, Connecticut,
Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Missouri,
Nevada, New York, Ohio, Pennsylvania, South Carolina, South Dakota,
Texas, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming

And a few other courts like the Delaware Court of Chancery. We will be
adding more state courts in the near future. The full continuously
updated list is at http://Daily.Justia.com

WEEKLY PRACTICE AREA SUMMARIES

The weekly practice area opinion summaries, include all of the
summaries for all courts we wrote that week in the legal practice
area, are provided for the following:

Admiralty & Maritime Law, Aerospace/Defense, Agriculture Law, Animal /
Dog Law, Antitrust & Trade Regulation, Arbitration & Mediation,
Aviation, Banking, Bankruptcy, Business Law, Civil Rights, Class
Action, Commercial Law, Communications Law, Constitutional Law,
Construction Law, Consumer Law, Contracts, Copyright, Corporate
Compliance, Criminal Law, Drugs & Biotech, Education Law, Election
Law, Energy, Oil & Gas Law, Entertainment & Sports Law, Environmental
Law, ERISA, Family Law, Gaming Law, Government & Administrative Law,
Government Contracts, Health Law, Immigration Law, Injury Law,
Insurance Law, Intellectual Property, International Law, International
Trade, Internet Law, Juvenile Law, Labor & Employment Law, Landlord –
Tenant, Legal Ethics, Medical Malpractice, Mergers & Acquisitions,
Military Law, Native American Law, Non-Profit Corporations, Patents,
Products Liability, Professional Malpractice & Ethics, Public
Benefits, Real Estate & Property Law, Securities Law, Tax Law,
Trademark, Transportation Law, Trusts & Estates, Utilities Law, White
Collar Crime, Zoning, Planning & Land Use,

If you have other practice areas you would like us to break out, let
us know. We are not against adding some more as long as there are
enough opinions in the area and it does not nearly overlap one of the
above.

You can see the current list of courts and practice areas (in a
readable table format) at http://Daily.Justia.com

Again it is totally free 🙂

Peace,

Tim

————————————————————
Timothy Stanley                       . . .

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.

Legal Research Methods in a Modern World: A Coursebook

Together with my Stanford Law School colleague George D. Wilson and our friend and Danish legal scholar Henrik Spang-Hanssen, we have just published the third edition of our legal research book, a revision of Legal Research Methods in the U.S. and Europe, 2nd Edition.  But with the inclusion of short but good (in my opinion) chapters on legal research in China and Russia and some other materials, we have changed the title to Legal Research Methods in a Modern World: A Coursebook.

The book, now weighing in at 453 pages (and bargain priced at $ 55.00), is rich with illustrations and peppered with legal research tips.  My contribution is mainly Chapter 5, about legal research methods in the United States, and it is based upon and follows the advanced legal research class that I co-teach here at Stanford.  New to this edition, in addition to other updates, is the inclusion of research exercises that we have found most useful from the class.  I did not include the answers — because I hope to continue to use these exercises — but I would be very happy to share the answers and my thoughts on approaches with other instructors of legal research.

The legal world is certainly getting smaller, and it is our shared belief that this would be handy book for any attorney to have as he or she deals with lawyers from other countries and their legal cultures.

The book should be available from Amazon.com; but if not, or if you want to order copies in mass quantities, the U.S. distributor is International Specialized Book Services.  For other countries, the distributor is Marston Book Services.

We also have a corresponding website here.

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.

Thinking Like a Librarian: Tips for Better Legal Research

“Thinking Like a Librarian: Tips for Better Legal Research”

Thomas M. Cooley Journal of Practical and Clinical Law, Vol. 12, p. 1, 2009
Suffolk University Law School Research Paper No. 10-34

RICHARD BUCKINGHAM, Suffolk University Law School

When it comes to conducting legal research, being able to think like a lawyer is a good start. A researcher needs to be able to identify issues, read and analyze primary sources like cases and statutes, and determine which materials are relevant. But in order to find those primary sources, a good researcher needs to think not just like a lawyer, but also like a librarian; in particular, a law librarian.

Law librarians make excellent legal researchers for two reasons: (1) their knowledge of general (non-law specific) research techniques, and (2) their knowledge of legal resources and law-related research tools. By applying traditional research techniques to the legal field, law librarians are able to research more efficiently and effectively.

This article will offer four research tips for thinking like a librarian that will improve one’s legal research. Everyone in the legal profession — law students doing research for a paper or as a faculty research assistant, summer associates and new attorneys doing research for more senior attorneys, and law professors and seasoned attorneys researching for themselves — can benefit from the ideas covered in this article.

Source: LSN Law Educator: Courses, Materials & Teaching eJournal Vol. 6 No.
 19,  08/13/2010