Whether you use paper publications, CDROM, or online resources to conduct legal research, two facts remain true: all of these methods are man-made systems designed to make profit (portions of the Internet excluded, for the present) and these systems will never be error free. A closer look reveals some of the strengths and weaknesses of CALR (Computer Assisted Legal Research).
Advertisements and promotional literature for legal research computer products take a simple view of legal problem solving. Legal problem solving exceeds the domain of computer reference materials and depends on the knowledge of the user. While it is true particular types of information may be quickly accessed using various commercial online and CDROM products, only the attorney can decide which legal issues should be addressed in each case or what types of information will be strategically useful. Success is determined by the written and verbal communications skills, accumulated knowledge and creativity of the attorney. There are no computerized shortcuts to developing superior skills as a practicing attorney and legal assistant.
Before we launch into the topic of legal computer research tools, a brief word about paper publications and books. Many law firms have attorneys or researchers who prefer paper publications. Books and periodicals have some compelling advantages over computer research that should not be overlooked. For example, the researcher can have fifteen different books open on a table within arms reach. Even with Windows software, it is impossible to have the same number of resources simultaneously available on computer. Books can be thumbed through and visually scanned with ease. On computer, the researcher must execute new search queries or repeatedly hit the page down button.
If you use an online service and your research is completely unfruitful you will still be charged. You can freely walk away from books to revise your research approach. While high search charges may be avoided with CDROM, if you cancel your subscription to either CDROM or an online service you are left with nothing. Books are yours to keep even if you elect not to purchase updates. In addition many published resources are simply not available through computer resources. Unresolved copyright issues are of great concern to publishers and authors.
However, ''TEMPORA MUTANTUR, NOS ET MUTAMUR IN ILLIS'' (times change, and we change with them too, quoted from Owen's Epigrammata 1615). The Information Age is upon us and there are some wonderful aspects to the technological changes of these times.
Legal research does lend itself beautifully to computer applications. The rapid proliferation of legal documents and the difficulty of properly indexing, organizing and updating makes legal research the perfect candidate for computer applications. In addition, caselaw, statutes, regulations, SEC filings and many other information resources that attorneys rely on are public domain, which means anybody can obtain this information, either free or for a small amount of money, and try to put together some sort of computer based information service.
Citation format problems remain to be solved. Presently, THE BLUEBOOK A UNIFORM SYSTEM OF CITATION includes citation formats for materials obtained from Lexis or Westlaw but not from the Internet or any other computerized sources.
The difficulty of indexing and organizing materials doesn't disappear just because you put them on CDROM or computer. The best computer research tools have the most updated, indexed, complete and organized materials. Good computer research products utilize easy and flexible search protocols and offer a variety of printing options. These definitive aspects distinguish the good products from the bad.
One big draw with computer research products is word and field search capabilities unbounded by the limitations of paper indexes. Field searching enables the researcher to locate materials, sometimes simultaneously, across multiple databases by authors, dates, titles or whatever other fields the vendor has provided. Field offerings and database contents vary from vendor to vendor.
Concept searching is more difficult. This is usually done in databases that provide full text searching capabilities. You may not have to guess how an indexer has classified something but you still have to guess how the writer expressed himself. Professional jargon may or may not be included. The most difficult concept searches are those that use common words and require no specialized trade language.
Computerized legal research tools do not yet include artificial intelligence. Natural language searching available on Westlaw and Lexis is not artificial intelligence. You retrieve only documents containing the words or numbers you type. Structuring successful search queries is a skill refined by the researcher's knowledge of the idiosyncrasies of the particular computer product being used.
How current is the material? Updating online MAY occur much more rapidly than through the printed venue. Computer vendors are dependent on courts and other sources for release of records and information like any publisher.
There may be preparation time before loading to facilitate a variety of field searches. CDROM products generally are not more current than paper, usually being updated on a monthly basis.
A systematic approach is required when determining which computer products will be most economical and useful. This approach should be based on the practice areas of the law firm, the amount of budgeted money, existing hardware, the number of people who will actually perform computerized research and an understanding of the available products. Plan according to organizational goals. Multiple licensing fees, training and task analysis also factor in to this decision.
Law librarians perform many computerized research assignments, saving the attorneys' time and the clients' money, and thereby enhancing the operating efficiency of the law firm. Attorneys who do not do research may not need expensive computers on their desktops thus saving the firm hardware and licensing fees.
Legal publishing, regardless of format, is a very competitive business. Law librarians who perform computer research regularly know the cost or time traps built into a poorly constructed computer product. They also perform the important work of negotiating the best bargains with vendors and initiating subscription changes that will save their firms money and provide better research services.
Ongoing training is essential. Good computer service vendors offer training when you subscribe to their products. Products and prices are always changing in response to competition and it is important for everyone to keep up. This includes attorneys who assign research to others, so that what is available and the associated costs are understood.
The importance of system documentation and telephone support should not be overlooked. Good computer services have 1-800 telephone support numbers. Researchers should use these numbers. The cost is built into the pricing structure and researchers save money by calling the telephone support people to see if documents have been loaded onto the system. Sometimes, unless you call, there is no way to know if information is available on a specific subject or if a document has been loaded without spending time and money on a search.
If you use the 1-800 telephone support numbers to construct search queries remember that the help you receive is just advice. The representatives are not always as good at research as the caller and while they can be extremely helpful, you may also be able to improve on what they tell you.
Documentation is the paper index to the computer service and an extremely important research aid. Good documentation not only tells you which publications are available but includes years of coverage and update frequency. Technical information is given for hardware loading requirements and search protocols.
Researchers should always start their research projects by carefully checking documentation to determine which resources to use and the available protocols. Use the 1-800 support number if the descriptions are inadequate. Just because it says the database is updated daily and contains a zillion records doesn't mean the record you want is on the system.
Documentation should also tell you in what formats the records appear. Many publications are not put online in full text. Sometimes only selected text or an abstract with bibliographic information is given.
Prices are usually given in the documentation. The bill should not come as a shock. Take the time to understand which databases are most expensive, how much printing costs and ways you can make your research more cost effective. If prices are not given in the database documentation, make sure you obtain pricing information from your vendor. Some services offer a way to check prices online at no charge.
Other potential obstacles to enjoying quick, easy information access off computer services are frozen screens, printing errors, downloading errors and slow response time. Don't forget that computers are unforgiving when it comes to protocol and spelling errors.
On the positive side, the search capabilities on computer services are more flexible than paper and sometimes much faster. Hundreds, if not thousands of types of data are available through computer services that would be economically and physically impossible to maintain in a private law firm's paper collection. Also, some of the larger vendors offer modern computer equipment including laser printers as part of the subscription.
Legal researchers have many paper, CDROM and online products from which to choose these days. The Internet in particular is full of future promise. Hopefully, this paper offers helpful CALR guidelines and considerations to anyone involved with legal research. Happy Information Hunting!
TEXAS PARALEGAL JOURNAL
Summer 1996
©1996 Legal Assistants Division, State Bar of Texas