Online Legal Research D...

2009-02-21T19:23:47-05:00

Online Legal Research: Appealing Sites That A Legal Researcher Should Know About

Introduction

Understanding the type of information that is available on these programs—as well as on the Internet—and having the skill to judge its qualities will prove to be a valuable tool in the legal profession. In order to perfect this useful talent, obtaining insight about reliable Internet sites and these legal programs will be advantageous.

Time, as the saying goes, is a lawyer’s stock in trade. Every minute wasted while trying to find relevant information on the Internet is time away from critical legal work. Finding sources on the Internet can be like trying to find a needle in a haystack. A researcher could spend hours searching for vital information among unreliable sources on the Web. The Internet can provide preliminary research (secondary sources); however, LexisNexis, LoisLaw, VersusLaw, National Law Library, and TheLaw.net are among the most common databases that legal practitioners use to locate legal resources. Understanding the type of information that is available on these programs—as well as on the Internet—and having the skill to judge its qualities will prove to be a valuable tool in the legal profession. In order to perfect this useful talent, obtaining insight about reliable Internet sites and these legal programs will be advantageous.

I. Searching The Internet

Secondary Sources

The Internet has maintained an increasing popularity and accessibility to the legal profession. Used properly, the Internet can be one of the greatest enhancements to the practice of law(Levitt). The first step in the legal research process is locating secondary sources, which can be done on the Internet for no cost(Pike 4). These sources allow the researcher to learn the basics of a particular area of law, understand key terms, and identify essential cases and statutes for that issue. Because secondary sources often explain legal principles more thoroughly than a single case or statute, they help the legal practitioner avoid unnecessary research. Secondary sources can be legal encyclopedias, American Law Reports, Law Review articles, and Treatises (expositions by legal writers on the law as it pertains to a particular subject) (HLS Using Secondary Sources).

Search Databases

The over-whelming amount of commercial databases that supply legal information can make it difficult to determine where to start. It can also be tricky to choose among similar sources (Louis-Jacques 11). Finding a search database will help initiate the browsing process. Two of the top-ranked search databases are Yahoo! and Web Crawler (www.webcrawler.com). Using a directory like these will allow a person to start with a very broad concept—like law—and work towards a very specific concept. (Delaney 68). The author of The Essential Guide to the Best (and Worst) Legal Sites on the Web, Robert Ambogi, said, “[a web search engine or directory is the] Web’s equivalent of a law library’s card catalog.” It is important to note that not all information on the Internet is true or credible; being especially vigilant in determining the validity of the information obtained is vital (Delaney 68).

Federal Government Searchable System

“The most important domains for law-related research are the federal government’s network of more than 20,000 Web sites” (Ambrogi 11). A Wisconsin researcher would benefit greatly from the invaluable information on the Wisconsin Court System’s Web site (www.courts.state.wi.us). Robert Ambrogi said, “‘Cool’ is not a word one would normally associate with a court’s Web site—but, it’s appropriate” (300). Through this site, information about the Supreme Court, the Court of Appeals, and the Circuit Court is easily accessible. This includes laws, rules, fees, forms, opinions, schedules, internal operating procedures, and a search engine to navigate through the information. FindLaw has a legal search database, powered by Google and named Law Crawler, that allows a user to search particular types of sites or databases, such as U.S. government sites, state sites, law schools, or Supreme Court opinions. “[Find Law] is a multifaceted starting point for lawyers using the Web, boasting the highest level of traffic of any legal Web site” (Ambrogi 18). Accessing this site is possible through its domain name, www.lawcrawler.findlaw.com.

After secondary sources are located, finding primary sources is the next step in legal research. Primary sources are publications that contain the original decision and action of a legislative, judicial, or an administrative body. For example, case law, statutes, and constitutional provisions are all primary sources that establish the law on a given topic. Since these sources are the most important sources, locating them on a free Internet site could make it difficult to verify how valid the information is at the time of discovery. Although some primary sources can still be found on the Internet, finding the information and determining what is reliable consumes too much time(Gediman 81).

II. Discovering Common Fee-Based Legal Research Sites

The most creditable databases, commercial databases, are specifically designed to allow a user to maneuver smoothly throughout the information. In addition to more information, commercial databases are often easier to use than free ones. For example, commercial databases offer more sophisticated search engines than the free sites. Commercial databases often contain enhancements such as hyperlinks to related materials, and these up-to-date databases are more current. Determining which site will create the most productivity in a particular situation can be determined by answering these essential questions: What type of law is covered? Is there research assistance? Is training available? What kind of technical support is accessible? How much does the service cost? Is the home page easy to navigate? What kinds of products or features are available?

LexisNexis (www.lexisnexis.com)

LexisNexis, which is stationed in Dayton, Ohio, launched its online product in November of 1997 as “a leading global provider of business information solution to professionals in a variety of areas including; legal, corporate, government, law enforcement, tax, accounting, academic, and risk and compliance assessment”(LexisNexis Fast Facts). Its electronic data-search scheme became the first to retrieve full-text documents. In 1973, the company introduced a legal–research system that revolutionized the way in which legal research and analysis was achieved. The ever-increasing popularity and accessibility of the Internet allowed that technology to propel the legal profession into a new era. LexisNexis’s global reach now extends through 100 countries (LexisNexis Features).

The coverage LexisNexis provides is very large. There are more than five billion searchable documents from more than 40,000 legal, news, and business sources. A “library” cataloguing system covers 16,000 legal topics. A complete assortment of statutes, cases, and administrative material are accessible (Statsky 495-97). For example, federal and state statutes, head notes, and case law summaries from more than four million U.S. and state cases (including unreported cases). Analytical materials and secondary sources such as motions, briefs, pleadings and verdicts, law reviews, restatements, jurisprudences, treatises and analyses from leading publishers are also obtainable(Statsky 497).

LexisNexis provides full online support, which includes a FAQ page, e-mail, and telephone directories for both U.S. and International customers. Telephone service is available for both U.S. and International customers. Training and tutorials are offered; they are individually customized for clientele from law firms, state and local governments, accounting firms, or law schools. The customer service web page offers “a team of professionals” available to provide research assistance and technical support (LexisNexis Customer Support). “…LexisNexis offers a variety of plans for online access” (Biehl and Calishain 44). The priced plans available can start as low as $39 monthly for a basic/standard size; however, there are several additional features, priced separately, that can be included in a package plan. Some plans are based on hourly usage and database cost. Others are based on the number of searches conducted (“transactional” pricing), and others are based on a discounted rate for specified databases. Additional charges for printing, downloading, or emailing documents may apply(Rumsey 3).

Registration is required to access the site’s features, but there is no charge to register. The entire site is easy to navigate and includes Help Files to assist in using the site (Ambrogi 22-23). Here is a “roadmap” of the home page LexisNexis provides; it allows the user to naviagate smoothly through the information and services provided.

LexisNexis has two features—among many—that are worth mentioning. The first significant feature is Smart Indexing, which is a technology that helps researchers overcome information overload by more quickly and efficiently getting them the information they need to do their jobs. (LexisNexis SmartIndexing Technology). LexisNexis explains Smart Indexing as “a unique partnership between technology and human editorial labor.” This timesaving feature allows the user to capture broad concepts in a single term, find companies, and research entire industries. The second interesting feature is the Alert feature, which sends automatic e-mail notification when new information on specified cases, companies, people, or other topics becomes available (LexisNexis Features).

LoisLaw (www.loislaw.com)

LoisLaw, established in Van Buren, Arkansas, launched its online product in 1999. Loislaw’s quick-access solutions empower legal practitioners with the knowledge needed to effectively conduct business and service their clients on a day-to-day basis. Their mission statement is “to establish long-term customer partnerships and continue to drive our proactive development of solutions to meet the legal and business challenges of practitioners today, and in the years to come” (Loislaw About Us).

The coverage provided includes case law, statutory law, constitutions, administrative law, court rules, and other primary authority for all 50 states and the District of Columbia, as well as 18 federal law libraries. State and federal laws are covered for the past 70 years. The site also includes secondary sources. LoisLaw’s primary target market is U.S. law firms with 50 or fewer attorneys (Loislaw Products).

Research assistance and technical support, through email and telephone are offered any hour of the week by in-house attorneys. However, telephone support for non-U.S. customers is not currently available. Research guides and tutorials are accessible online to subscribers; this “ perk” is included in the membership price. The cost ranges from $179 to $199 per month or $2,148 to $2,388 per year, with a free state CD-ROM sent as part of the subscription fee(Statsky 425). There is a password required for access. The extensive amount of quick links on the home page allows a user to navigate smoothly throughout the database system.

LoisLaw Watch provides an electronic clipping service for any relevant articles, laws, or cases that are related to a subject area that the subscriber has profiled. LoisLaw.com’s Web site products feature legal information from more than 1,800 databases and are estimated to contain over eight million documents of federal and state law, continuing legal education materials, and other legal information. Its databases provide more than 100,000 news articles a month from more than 400 domestic and international sources(Altshuler 11). Global Cite is the citation service provided; it provides a summary of all sources (in the database) that cite to the document that the subscriber is viewing and provides a hyperlink to those documents. Global Cite is a very important feature because, unlike LexisNexis, LoisLaw does not directly incorporate references to related cases, regulations, or secondary sources such as law reviews or legal encyclopedias(Rumsey 5).

VersusLaw (www.versuslaw.com)

VersusLaw, located in Redmond, Washington, has been in print form since it was unveiled in 1985. It launched its online product in 1995 to “broaden its focus and mission: to provide all legal practitioners access to current, in-depth, easy-to-use legal research, regardless of the size of their firms, by using the power of technology.” The company has a deep-seated belief that knowledge is power and that this power should be available to everyone quickly, easily, and affordably. (VersusLaw Timeline). VersusLaw is a recognized leader in electronic distribution of legal research material on the Internet. As the Web continues to grow in use and respectability in the legal profession, VersusLaw continues to enhance its look and feel of all the aspects of its content and e-commerce capabilities(Biehl and Calishain 44-45).

The coverage is limited; although both state and federal case law is available, a minimal amount of state statutes are provided, while administrative codes, jury instructions, court rules, attorney general opinions, and other primary legal materials are not. Most of the state case law dates back to the 1930s or the 1950s, and most of the federal circuit cases date back to the 1930s(Altshuler 12). There is a library directory showing the amount of coverage offered. It is important to note that VersusLaw does not have a citator service, athough the FAQ explains how to approximate one by running citation through the search engine. “VersusLaw’s coverage of federal and state cases is much more extensive than what is available on free Internet sites; however, it is not as extensive as LexisNexis [or LoisLaw]” (Rumsey 7).

VersusLaw provides knowledgeable representatives to respond to inquires through e-mail and voicemail (Ambrogi, 77). Tutorials and technical guides are available on the web site after purchasing a plan. There are three main plans available: standard, premium, and professional. These plans range from $13.95 to $39.95 per month or $167.40 to $479.40 per year (VersusLaw Products). However, a researcher could use the site for a flat rate of $6.95 per search without the need for a membership.

Because VerusLaw has relatively few databases, it is easy to identify the relevant databases. A library section appears on the left side of the screen after a researcher signs in. The library is divided into catergories that display the jurisdiction offered within the selected category(Rumsey 6).

VersusLaw has a feature called Advance Links, which is an e-mail alert service that links users to recently published court opinions. users can set up profiles that include an assortment of legal topics to be alerted to, including conflict of interests, immigration, legal malpractice, federal sentencing, DWI, sanctions, and death penalty. Each subscription plan offers Advance Links as part of its package. VersusLaw established relationships with the courts to obtain the cases electronically from them. “The accuracy rate should be at least as high as what the courts themselves produce” (Ebbinghouse 12).

National Law Library (www.itislaw.com)

The National Law Library, which originated in Houston, Texas, launched its online product in 1998. The company describes itself as a “virtual online legal repository powered by the Litidex technology that contains comprehensive full-text, word-searchable legal databases” (qtd.in Altshuler 10).

Coverage for both state and federal law is included. The federal law collections offer case law reporting from the U.S. Supreme Court and all of the federal circuits. Most of the federal and state materials date back to the 1950s (National Law Library Collection).

Research assistance and technical support are both offered anytime; the site clearly lists phone numbers, e-mail, mailing adresses, and a FAQ page to offer fast responses. Detailed tutorials are available to assist in becoming familiar with the layout of federal and state case law, statutes, and other legal research resources. The cost ranges from $25 to $86 monthly. Printing is free. The plans are flexible enough to coordinate with many different requirements; a membership may be adjusted accordingly. Pay by search fees are $3 for searching individual databases and $5 for searching all databases (National Law Library Pricing).

Multi-database searching allows users to conduct a single search across all the databases in a single state collection such as cases, statutes, and rules. Since 2001, a single search can cover all 50 states and 11 federal circuits. The citation service available is called CaseCite: this service is used to verify case holdings and provide a list of referencing cases(Altshuler 10).

TheLaw (www.thelaw.net)

TheLaw.net, started in San Diego, California, launched its online product in 2000 as “a next generation virtual law library and law office facilitator with over 50,000 resources providing enterprise-wide, uniform access to millions of legal research and reference documents, databases, and law office facilitators” (qtd. in Altshuler 13).

The coverage for TheLaw provides state case law from all state supreme courts and most intermediate level appellate courts. Federal cases include the United State Supreme Court and all federal circuits. Both state and federal material date back to the 1930s. There is boundless access to state and federal statutes and regulations. Secondary coverage includes more than 50,000 links to Web-based documents and databases inlcuding state and federal statues, forms, administrative law, rules, listing of courts, executive agency material, topic and practice area search engines, bar assoication news, and reference material. The information menu on the home page provides links to local and topical legal news(Skalbeck).

Although the home page provides many quick links to other material,research assistance and technical support are not offered. TheLaw.net, has a FAQ page but it does not answer any technical questions. Training, on an individual basis or for a group, over the telephone is offered but only to members. In order to access/view all of the features available in the database, becoming a member is neccesary. Editorial enhancement is not available in the citation service; however, a list of referencing cites are provided (TheLaw About).

Determing which site would fit a particular situation is a personal challenge. A large law firm would unquestionably choose a different database than a small law firm or a law school. The decision depends on the type of information that is needed on a recurring basis. Some sites contain an abundance of material on one particular area of law;whereas, other sites could provide only secondary sources.Understanding the type of information that is obtainable on these programs (and on other legal programs) can save time and energy. Throughout the process of developing knowledge about any site, a legal practitioner should feel obliged to keep the following key characteristics in mind: content, accuracy, clarity, reliability, and cost(Altshuler 13).

III.Judging Database Qualities

Content

The contents of a database can determine whether a user can use the site for more than just legal research. A site that offers access to newspapers, magazines, and journals, which can be very useful in finding secondary sources or staying up to date on current events, may benefit a busy law office. If a database has access to public records, then a law office could save time by using those quick links to obtain information about property or land ownership, bankruptcy filings, or fundamental company information(Gediman 80). Finding out what kind of coverage a company provides is the most important step in deciding if the contents match a particular legal situation. Having case law for all states and the District of Columbia may be better than having coverage for one region; however, paying for case law for all of the states may be superfluous for a small law firm that conducts legal cases for only one prefecture.

Accuracy

Accuracy is verified by tracking down out where the database retrieves its data. Knowing if a database receives its information from a court, legislative body, state or federal agency can help a user know how reliable the information is at the time of discovery. Since being accurate and up-to-date is critical in the legal profession, depending on a company that does not have daily updates would be ill-advised.

Clarity

Having the ability to maneuver easily through the interface is an important feature. Some companies provide split-screen interface or pop-up dialog boxes that permit the user to maneuver to other databases while keeping track of an original research query. Determining clarity is more than becoming familiar with the home page or the login function. Some companies depend on advertisments to pay for its existence, and these advertisments could clutter the screen during a significant search causing confusion.

Reliability

A citation service is an essential feature that is practical in the legal profession because it can provide evidence that an opinion or statute is still dependable. Relying on information that has been reversed or overturned could cause a serious predicament for a legal practitioner. Being able to rely on the ability to access the company’s database at anytime is also imperative. If the company’s database does daily updates, knowing if the connection will still be strong during those updates could save valuable time. A site that presents a technical support service can be an advantage to a law office if any type of connection problems are experienced. Being apprised of any innovative enhancements by an on-going training system can be helpful.

Cost

Because the price of use for these services are significantly different, it is important to know how the billing process works. Some subscriptions can be customized to fit particular needs; whereas, other subscriptions are offered at a flat rate fee. Printing, downloading, and emailing information are offered as a free service by only a small number of companies—others charge fees for these services. Knowing what services are part of the “plan” and what services are charged separately will allow a user to determine the value of the information they are seeking.

IV. Conclusion

Knowing where to find information and knowing how to judge its quality is a priceless tool for any legal professional. With the amount of information that is available on the Internet, gaining insight on legal issues can be accomplished easier than ever. However, when the research needs to be dependable, the most commonsensical place to search for that information is a fee-based legal database. With the growing quantity of these databases, one needs to conduct some fairly extensive research about what is offered before making a decision. A complete comprehension of these programs and the Internet sources available can save an immense amount of valuable time. By considering the contents, accuracy, clarity, reliability, and cost of a program, and intermingling those characteristics with professional expectations, a legal practitioner can find a research database that will satisfy their office needs.

V. References

Altshuler, Alyssa. "An Overview of Five Internet Legal Research Alternatives to Westlaw and LexisNexis." Research Resources October 2001: 10-14.

Ambrogi, Robert J. The Essential Guide to the Best (and Worst) Legal Sites on the Web. New York: ALM Pub., 2004. Biehl, Kathy and Tara Calishain. The Lawyer's Guide to Internet Research. Lanham: Scarecrow Press, 2000.

Delaney, Stephanie. Electronic Legal Research: An Integrated Approach. Albany: West Legal Studies, 2002. Ebbinghouse, Carol. "The New Surge of Open Legal Information on the Interney." Searcher (2008): 8-16.

Gediman, Mark A. "There's No Place Like Home: Helpful Tools for Researching U.S. Companies." Legal Assistant Today Jan/Feb 2008: 80-81. Harvard Law School. Using Secondary Sources. 2 June 2004. 26 November 2008 .

Hricik, David. Law School Basics: a preview of law school and legal reasoning. Los Angeles: Nova Press, 2000.

Levitt, Carole J.D., MLS. "How the Internet has Revolutionized Legal and Investigative Research." 30 March 2001. Internet for Lawyers. 12 November 2008 .

LexisNexis. Customer Support. 26 August 2008. 12 November 2008 . —. Features. October 2008. 10 November 2008 . —. LexisNexis Fast Facts. 2008. 12 November 2008 . —. SmartIndexing Technology. January 2008. 10 November 2008 .

LoisLaw. About Us. September 2008. 12 November 2008 . —. Products. September 2008. 12 November 2008 .

Louis-Jacques, Lyonette. "Legal Research Using the Internet." Midwestern People of Color Legal Scholarship Conference. St. Louis, 2005. 11. National Law Library. Collection. August 2008. 13 November 2008 . —. Subscriber Support. August 2008. 13 November 2008 .

Pike, George H. "Evaluating Free Online Legal Information." Medford (2008): 4.

Rumsey, Mary. "GlobaLex." August 2005. A Guide to Fee-Based U.S. Legal Research Databases. 12 November 2008 .

Skalbeck, Roger V. The New Legal Browser That Could: TheLaw.net Examined and Explained. 15 January 2001. 19 November 2008 . Statsky, William P. Intro to Paralegalism Sixth Ed: Perspective, Problems, and Skills. Clifton Park: Delmar Learning, 2003.

TheLaw. About. August 2008. 13 November 2008 .

VersusLaw. Products. October 2008. 11 November 2008 . —. Timeline. October 2008. 11 November 2008 .

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Case Management Benefit...

2009-02-21T19:25:19-05:00

Introduction

“Paper-based systems have been with the practice of law for as long as there have been lawyers practicing law”(Bilinsky, 2002). Any argument to change to a different system must address real benefits to be achieved —and not simply a list of how to do the same tasks faster. With this in mind, I would like to present to this law firm some realistic benefits of adopting an electronic case management system.^[1]

Benefit 1 — Case management can organize an entire day, week, month, or year

Calendar appointment can be created by clicking on any time and day. If the appointment date or time changes, drag and drop or click and move the appointment to the new date or time.
The software will warn the user of conflicting appointments and upcoming appointments.
The calendar can be loaded onto a PDA, and any changes reflect on a PDA and on the office computers.
Anyone programmed (in the firm) can see and have access to the schedule/calendar.

Benefit 2 — Case management can manage deadlines

When using the case manager to track and record calls, the user can create a follow up reminder for the business discussed during the call.
Convert to-dos into appointments by the “drag and drop” function. This ability to carry to-dos and use them to block off time in the calendar allows the user to quickly take their priority items and create time in their calendar to get them done.

Benefit 3 — Case management can do some of the work

Case management systems will generate documents using the information in the contact database.These systems can time these tasks automatically create a time and billing entry.
When a contact’s information changes, make the update once and—since all contacts are in a common database—this update is immediately reflected on all files involving this person.

Benefit 4 — Case management ensures that the user NEVER forgets to return a telephone call or e-mail

All case and contact managers will keep a record of calls. These software programs will allow the user to create a time and billing entry and a reminder from a logged call. New telephone messages automatically appear in the Unreturned Calls tab. This tab contains the caller's information and details whether or not the call is urgent.
Retrieving a list of all calls, all messages, and all e-mails for a particular client or for a particular day can be done directly from the desktop.
All phone messages remain under the unreturned calls tab until the user clicks “Returned.” In this way, a phone message is never missed or lost.

Benefit 5 — Case management makes it easy to keep track of the entire firm’s billable time

Case managers can track and log time. This makes the task of keeping and logging billable time effortless. Studies have shown that people who track their time at the same time with completing tasks can log 20% more time than those who log their time at the end of each day.These systems will prompt the user to do a time and billing entry whenever a task is completed—such as making a telephone call or completing a “to-do.”
Time sheet statistics can show how close the firm is coming to their targets for billable hours per day, per week, per month, and per year. This statistical analysis is not available in all case management systems; however, Amicus Attorney offers this feature allowing the law office to keep on top of billable goals—and those of the individual associates as well.
A case management system that records time will export time directly into various accounting systems, which eliminates the need to enter client information twice.
The user can determine to be notified if the total billable time on a file hits a certain number.

Conclusion

Case management software offers the user the ability to work from anywhere and customize it to fit their professional needs. The calendar can organize an entire day, week, or year allowing deadlines to be met. Automatically performing the time and billing entries while work is being completed can save a law office a significant amount of time. Having and using case management software properly will help the law office avoid malpractice claims and conflicts by notifying a lawyer to keep in contact with a client or search the contacts list to determine if there is a conflict regarding a new potential client.

References

Bilinsky, D. (2002, April). 25 Benefits of Case Management in 40 minutes. Retrieved February 11, 2008, from The Law Society of British Columbia: www.lawsociety.bc.ca/practice_support/articles/CaseMgmt.html

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BestThinking.com Article Feed in Law / General Law

Online Legal Research D...

Introduction

I. Searching The Internet

Secondary Sources

Search Databases

Federal Government Searchable System

II. Discovering Common Fee-Based Legal Research Sites

LexisNexis (www.lexisnexis.com)

LoisLaw (www.loislaw.com)

VersusLaw (www.versuslaw.com)

National Law Library (www.itislaw.com)

TheLaw (www.thelaw.net)

III.Judging Database Qualities

Content

Accuracy

Clarity

Reliability

Cost

IV. Conclusion

V. References

Case Management Benefit...

Introduction

Benefit 1 — Case management can organize an entire day, week, month, or year

Benefit 2 — Case management can manage deadlines

Benefit 3 — Case management can do some of the work

Benefit 4 — Case management ensures that the user NEVER forgets to return a telephone call or e-mail

Benefit 5 — Case management makes it easy to keep track of the entire firm’s billable time

Conclusion

References