Over the last few months, my colleagues from local law firms and I have met on creating a dialogue with law school library directors and deans on the state of legal research. We are concerned with the growing trend of solid legal research basics that new associates often lack upon graduation from law school.
But we are not out to point blame at either the law schools or their law students. Our goal is to work with the law schools to better understand this paradigm shift and bridge the resulting gap. As law firm library directors and members of the Greater Philadelphia Law Library Association (GPLLA), we feel it is our professional responsibility to work jointly towards this goal. The following list is a result of our collective concerns and is work in progress. Also, please note this is not a print v. electronic argument. Today, both are essential in the collective legal research environment.
- Know the basics. Civics 101. How a bill becomes law and where regulations come from. Know the difference between statutes and regulations and how they relate to each other. Know how they go from public law and promulgated rule to codification. Introduction to U.S. Code and CFR should happen before arrival at a law firm.
- Know that you should never, ever start your research with Lexis and Westlaw if you are clueless about the topic at hand. Before signing on, get acquainted with the subject matter by starting with a resource that contains background on the issue, such as a hornbook or treatise. Use finding aids such as digests and legal encyclopedias. Secondary sources can provide background, context, definitions and case annotations and assist in viewing the big picture.
- Know that cite checkers such as Shepard's or Key Cite are much more than case validators. They can also be used to research the issues at hand. Shepardizing or Key Citing a relevant headnote may lead to other cases on point as well as secondary sources and law reviews.
- Know that efficiency in searching Lexis and Westlaw is essential. The cost is significant in the real world of the law firm. Both vendors and law schools do a disservice to law students by not providing students with the actual cost of their research sessions. Learning to search these systems without knowing associated costs can lead to poor searching habits.
- Know that Natural Language searching has not really arrived, despite marketing claims to the contrary. A Boolean search, if constructed well, is usually more precise. Remember Venn Diagrams? Look them up if you have to. They are crystal clear graphical representations of Boolean Logic.
- Know that everything does not have to come from the Internet. Use the telephone. Yes, that old technologic dinosaur. Sometimes a simple phone call can get your question answered or provide guidance. Proposed regulations, government Web sites, book chapters and underlying court documents provide the names of authors, editors, contributors and other contact information. Pursue those leads.
- Know when to stop when performing web based research, free or fee. Give it 15 minutes, tops, and then ask for help. Clients should not have to pay for your Web wanderings since your time is billable. Firms pay a lot of money for research systems, so take advantage of their customer support centers. These consultants are just waiting for your call!
- Know the limitations of both Web based research services and print resources. Both have their pros and cons. Use them appropriately in conjunction with one another.
- Know that asking the partner or senior associate for clarification is OK if you are confused or unsure of the assignment. That is far better than going off tangentially in hopes it will satisfy what you think they were talking about. Be sure you understand the assignment.
- Know that asking your firm law librarians for help is encouraged and expected. We are here to make your life easier and take off some of the burden. But remember Manners 101. Civility counts. We are all in this together.
