A plea to scholars

Dear scholars,

Please pay attention to where you place your scholarship.   Are you aware of the cost of some journal subscriptions?  One example, of many, is the Journal of Law & Society.  The Stanford Law Library used to get this print subscription with discounted rate and paid $161 for the current 2013 print subscription. We just received word from Hein (who handles the subscription for us) that the publisher will begin to charge us the full price with an additional payment of $851.00.

What made me think of this was the receipt yesterday of a new publication from my hero Carl Malamud.  Carl has become quite the pamphleteer and his most recent is On Crime and Access to Knowledge.    I urge you all to read it.

In the pamphlet, Carl tells the story of the late Aaron Swartz and discusses JSTOR, PACER, and broader information access issues such as Carl’s heroic efforts to make public safety documents, such as building codes, available to the public.

But on the issue of what Aaron did with JSTOR, Carl makes this important point:

. . . One must remember that JSTOR is a messenger, an intermediary, and if there is fault here, that fault is ultimately the fault of the scholars who wrote those articles and allowed them to be locked up.  It was a corruption of scholarship when the academy handed over copyright to knowledge so that it could be rationed in order to extract rents.

Please think twice before you place a piece of your scholarship with a particular journal.  Find out what it costs to subscribe to the journal; find out what databases include its text (your librarian can help with this); ask the journal if you can retain ownership and publication rights.  And ask yourself:  Do you really want your scholarship tightly locked up behind expensive pay walls?

 

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.

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.
 
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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.
 
———————–
 
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.
 
———————-
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. . . .
 
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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.
 
———————–
 
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.
 
 
 
 
 

Yes, we have no bargains for books

I was reading this week’s Bloomberg Businessweek and its Global Economics article “Funny, It Doesn’t Feel Like a Recovery,” begins thusly:

Bargains are everywhere in America these days.  Men’s shirts and sweaters were 3.4 percent cheaper this April than a year earlier.  Prices also fell for eggs, peanut butter, bananas, potatoes, hotel and motel rooms, cosmetics, curtains, rugs, tools, and lawn care.  Excluding gasoline and other energy items, the consumer price index rose just 0.9 percent for the year. . . .

Bargains abound . . . everywhere except legal publishing perhaps.

A vendor just presented us with an agreement for a multi-year subscription.  If we sign up, instead of paying the “average 7.5% increases” the price will “increase annually at the rate of 3% for the remainder of the Term.”

Why?  Why must there be an automatic inflationary increase?  Why must law books go up while almost everything else is going down, according to Businessweek anyway.  Why can’t the contract language read “price will increase by no more than X% . . . ” with the publisher then making every effort to control, contain, and even reduce prices (negotiating with authors; buying cheaper paper, whatever it takes).  I know I’m being hopelessly naive here, but this mind-set of annual increases and our acquiesce in them is mind-boggling (my salary went up by 0% last year; the library’s materials budget went down by 15%).

The Eggplant That Ate the Spokane County Law Library

 

You’d better watch out for the eggplant that ate Chicago,
For he may eat your city soon.
You’d better watch out for the eggplant that ate Chicago,
If he’s still hungry, the whole country’s doomed.

 

The 3 Geeks and a Law Blog pointed me to a story in the Spokane, Washington newspaper Spokesman-Review.  I won’t rehash what he 3 Geeks blog item “Spokane County Law Library Needs Bailout for Westlaw Bills” opines, but the Spokesman-Review story by reporter John Craig, “Spokane County law library falls behind on bills,”  is disturbing to me on several levels.

The story quotes the librarian as saying that her Westlaw fees “are three times as much as the company was charging Pierce County . . . for the ‘exact same’ service.”  I do not know the details, but I can see how a reader might be led to believe that this poor county law library is being gouged by a huge monopolistic corporation. 

What is also disturbing to me is the report that the library is averaging $ 12,000 a month for Westlaw service, while its annual budget is only $ 220,000.  The library’s total labor costs are reported to be $ 78,236, which means that the county is paying Westlaw roughly twice what it’s paying its staff.   At the Stanford Law Library the total we spend for our staff is roughly twice what we spend for all materials (online and print), and that seems right to me — it’s the staff that is our most valuable resource.

The third disturbing element to the story is the suggestion that perhaps the county law library is a “relic” and should be shuttered for more “cost effective approaches” such as having public libraries (and not specialized law libraries) serve the legal information needs of the public.  To me this is short-sighted on so many levels that I could go on and on for pages about why this is a bad direction.

If this story does not help build a case for Law.gov, I don’t know what would.

Many states have discontinued publishing official state reports and rely upon West instead.  Appendix D of Fundamentals of Legal Research, 9th Edition, by Steven M. Barkan, Roy M. Mersky and Donald J. Dunn, includes a table “States That Have Discontinued Publishing Official State Reports” (excerpted below) showing what states have adopted West’s National Reporter System as the official publisher.

Washington is not one of these states.   It appears that Washington is one of the more progressive states in providing decisional law to the public for free.  The Washington State Court website contains free opinions from the last 90 days, and then links to www.legalWA.org ; the LegalWA site links directly to the Municipal Research Services Center of Washington, a nonprofit dedicated to providing free legal resources for Washington where case law from 1854 forward can be found.

There is definitely a place for expensive LexisNexis and Westlaw bills — in the high stakes world of Biglaw litigation (with clients to bill back) for certain, but in a county public law library?  There has got to be a better way.

Here’s an excerpt from that table I mentioned above:

B. STATES THAT HAVE DISCONTINUED PUBLISHING OFFICIAL STATE REPORTS.

Except for Louisiana, all states have discontinued their official reports have adopted West’s National Reporter System, or an offprint of the National Reporter System, as official.  Alaska has used the Pacific Reporter as its official reporter since it became a state.

[Copied below are the states listed in this table, next to the "Year of Last Case"]

Alabama                            1976

Ala. App.                           1976

Colorado                           1980

Colo. App.                        1980

Delaware                           1966

Florida                               1948

Indiana                              1981

Ind. App.                          1979

Iowa                                   1968

Kentucky                         1951

Louisiana                        1972

Maine                               1965

Minnesota                      1977

Mississippi                    1966

Missouri                        1956

Mo. App.                       1952

North Dakota              1953

Oklahoma                    1953

Okla. Crim.                  1953

Rhode Island             1980

South Dakota             1976

Tennessee                   1971

Tenn. App.                  1972

Tenn. Crim. App.      1970

Texas                            1962

Tex. Crim. App.       1963

Utah 2d                        1974

Wyoming                    1959

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

John Palfrey on libraries in the age of “Digital-Plus”

John Palfrey is a most gifted writer.  I admired his book (with Urs Gasser) Born Digital: Understanding the First Generation of Digital Natives as much for its artful use of language and clear writing style as its fascinating content.   Read it and I’m sure you’ll see what I mean.

John just posted an equally well-written article to the Legal Scholarship Network, an article that should be of great interest to all librarians.  It is:  “Cornerstones of Law Libraries for an Era of Digital-Plus.”  Here’s the brief abstract:

Law librarians would be well served by sharing a vision for the future of legal information, one that is informed by the methods of multiple disciplines and that will promote democratic ideals.  This shared vision could guide us as we continue to lay the cornerstones for law libraries in a “digital-plus” era.

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.