ˆ(or, “Life ˆ(or, “Life after after

Rewards Rewards Points”)Points”)

Research Refresher / Molly Brownfield/ Research Refresher / Molly Brownfield/ March 24, 2010March 24, 2010

Free & Low-Cost Legal Free & Low-Cost Legal ResearchResearch

Lexis and Westlaw, post-Lexis and Westlaw, post-J.D.J.D. After graduation (and over the After graduation (and over the

summers), Lexis and Westlaw cut off summers), Lexis and Westlaw cut off free student access.free student access. May request summer extensions in special May request summer extensions in special

cases (RA work, moot court, journal, non-cases (RA work, moot court, journal, non-profit)profit)

Will receive email from representatives Will receive email from representatives soonsoon

Research charges will begin to add up Research charges will begin to add up – quickly.– quickly.

Sample chargesSample charges

Retrieving a document with citation: Retrieving a document with citation: $6.00$6.00

Searching for a case in “all federal cases” Searching for a case in “all federal cases” database (incl. by party name): database (incl. by party name): ~$75-~$75-$175$175

Shepardizing or KeyCiting a single Shepardizing or KeyCiting a single citation: citation: $4.25-$6.00$4.25-$6.00

Your firm may have a “flat rate”, but an Your firm may have a “flat rate”, but an overall increaseoverall increase in use will affect the in use will affect the rate when it’s time to renegotiate!rate when it’s time to renegotiate!

Today’s AgendaToday’s Agenda Getting Started - Strategies for Cost-Getting Started - Strategies for Cost-

Effective ResearchEffective Research Low-cost research servicesLow-cost research services

LoislawLoislaw VersuslawVersuslaw CasemakerCasemaker FastCaseFastCase

Free research sources Free research sources Cases & BriefsCases & Briefs Statutes, Regulations, Legislative HistoryStatutes, Regulations, Legislative History Forms & Other Practice MaterialForms & Other Practice Material

Consult a Research Consult a Research GuideGuide

http://www.law.duke.edu/lib/research_guide

Duke’s Legal Research on Duke’s Legal Research on the Webthe Web

http://www.law.duke.edu/lib/researchguides/intresearch

Georgetown’s Guide to Free & Low Georgetown’s Guide to Free & Low Cost Legal ResearchCost Legal Research

http://www.ll.georgetown.edu/guides/freelowcost.cfm

Cost-Effective Research Cost-Effective Research StrategiesStrategies Avoid searching on Lexis/Westlaw! (It is Avoid searching on Lexis/Westlaw! (It is

always cheaper to retrieve known always cheaper to retrieve known citations than to search.)citations than to search.)

Begin with a print resource (such as Begin with a print resource (such as AmJur/CJS) to locate leading cases, AmJur/CJS) to locate leading cases, statutes and key numbers for further statutes and key numbers for further research.research.

If you must begin online, test your If you must begin online, test your search terms on a free case law website search terms on a free case law website or low-cost legal research service.or low-cost legal research service.

Low-Cost Research Low-Cost Research ServicesServices In recent years, a number of smaller In recent years, a number of smaller

competitors to Lexis/Westlaw have competitors to Lexis/Westlaw have emerged.emerged.

These sources These sources vary widelyvary widely in their in their contents and costs.contents and costs.

Take advantage of the online Take advantage of the online tutorials and any student access you tutorials and any student access you may receive during your time at may receive during your time at Duke Law.Duke Law.

LoislawLoislawhttp://www.loislawschool.com Contains: federal and state case law, Contains: federal and state case law,

codes and session laws, selected codes and session laws, selected treatises and bar publications.treatises and bar publications.

Students can register for a free Students can register for a free account which lasts until 6 months account which lasts until 6 months after graduation (see librarian for after graduation (see librarian for access code).access code).

Username generated by Loislaw will Username generated by Loislaw will be e-mailed, along with a password be e-mailed, along with a password that you choose during registration.that you choose during registration.

Primary law includes opinions from all circuits and all 50 states. Some unpublished opinions are available.

New cases are posted within 24-48 hours of publication.

Secondary law includes many full-text subject treatises as well as CLE publications from selected states.

Student accounts have only a limited preview of the treatises and bar publications.

In Loislaw, you may search across several different jurisdictions.

Some other free & low-cost services do not allow you to search both federal and state cases at once.

GlobalCite works similarly to Shepard’s and KeyCite, retrieving cases and secondary sources which cite the document.

It’s not as comprehensive as Shepard’s or KeyCite, though.

Within a single database, you can search across multiple jurisdictions by using the check boxes and clicking “Continue”.

Folders indicate that you can browse as well as search.

Loislaw includes “Acts” (session laws) as well as “Statutes” (codes).

For search commands and other tips, view “Online Help”, linked from the bottom of every page.

CasemakerCasemakerhttp://www.casemaker.us ContainsContains: Federal case law from U.S. : Federal case law from U.S.

Supreme Court and Courts of Appeals; Supreme Court and Courts of Appeals; U.S. Code; C.F.R. U.S. Code; C.F.R. “State Libraries” provide case law and “State Libraries” provide case law and statutes/regs for consortium members.statutes/regs for consortium members.

State bar associations must purchase State bar associations must purchase access; service is then “free and access; service is then “free and unlimited” to current members of the bar.unlimited” to current members of the bar.

Currently, 28 state bar associations have Currently, 28 state bar associations have subscribed to Casemaker.subscribed to Casemaker.

CasemakerCasemaker

Casemaker Consortium members includeCasemaker Consortium members include:: North CarolinaNorth Carolina GeorgiaGeorgia TexasTexas

Notable exclusionsNotable exclusions:: CaliforniaCalifornia FloridaFlorida New YorkNew York

Casemaker through NC Casemaker through NC BarBarhttp://www.ncbar.org/join Membership is free to currently-Membership is free to currently-

enrolled law students; includes enrolled law students; includes access to Casemaker.access to Casemaker.

2-3 business days to process 2-3 business days to process membership; member # and membership; member # and password will be sent by e-mail.password will be sent by e-mail.

QuestionsQuestions? Contact Whitney von ? Contact Whitney von Haam (Haam (whitney@ncbar.org).).

CasemakerXCasemakerX

http://www.casemakerx.com Casemaker meets social networkingCasemaker meets social networking Full access to the Casemaker research Full access to the Casemaker research

resourcesresources Can create a MySpace-like profile for Can create a MySpace-like profile for

networking (professional and networking (professional and personal)personal)

May register with your Duke e-mail May register with your Duke e-mail address.address.

VersuslawVersuslaw

http://www.versuslaw.com Students can register for free access to Students can register for free access to

the the case lawcase law databases (“Standard databases (“Standard Plan”); trial accounts must be Plan”); trial accounts must be reactivatedreactivated each year each year (possibly with (possibly with some difficulty). some difficulty).

Password generated by Versuslaw will Password generated by Versuslaw will be e-mailed, along with the username be e-mailed, along with the username you select during the registration you select during the registration process. process.

More search commands are available on the “Search tips” link.

The commands are very similar on all of these services, but not quite the same– always check before you search!

Premium subscribers have access to a citation service called V.Cite.

Trial subscribers must check their citations with a full-text search across all Federal Circuits for the official U.S. Reports citation.

Remember that District Courts are not included in that search. (Separate database.)

VersuslawVersuslaw

Student trials can access CASE databases Student trials can access CASE databases only.only.

Versuslaw also contains statutes, regulations Versuslaw also contains statutes, regulations and court rules for most jurisdictions as part and court rules for most jurisdictions as part of the “Premium” and “Professional” plans.of the “Premium” and “Professional” plans.

Forms are also available as separate Forms are also available as separate database.database.

Help page includes a “Research Manual”, with Help page includes a “Research Manual”, with tips and tricks for database searching. The tips and tricks for database searching. The various commands for field searching are various commands for field searching are published there.published there.

http://www.fastcase.com 24-hour trial available through 24-hour trial available through

site; interactive online demo.site; interactive online demo. Includes cases from federal Includes cases from federal

district and U.S. Bankruptcy district and U.S. Bankruptcy courts; as well as state appellate courts; as well as state appellate and supreme courts.and supreme courts.

Free front end (Public Library of Free front end (Public Library of Law: Law: http://www.plol.org).).

FastCaseFastCase

Newspaper search goes to a version of the Duke database “America’s Newspapers”.

These non-case law resources link to free, publicly available web sites like government publishers and Findlaw.com.

Fastcase’s main advantages are natural language searching and Authority Check, which searches for cases that cite to your case (but is NOT intended as a full replacement for Shepard’s/KeyCite).

Freebies!Freebies!

ConsiderationsConsiderations

WhatWhat kind of document am I looking kind of document am I looking for?for?

WhoWho would normally be responsible for would normally be responsible for maintaining those documents in print?maintaining those documents in print?

WhereWhere does the document “live” online does the document “live” online (i.e., official government vs. free site)?(i.e., official government vs. free site)?

WhenWhen was the document posted and/or was the document posted and/or the site last updated?the site last updated?

Free Mega-SitesFree Mega-Sites FindLawFindLaw ( (http://www.findlaw.com) ) JustiaJustia ( (http://www.justia.com)) Legal Information InstituteLegal Information Institute ( (

http://www.law.cornell.edu/)) PreCYdentPreCYdent ( (http://www.precydent.com)) Public Library of LawPublic Library of Law ( (http://www.plol.org/

)) Public.Resource.Org Public.Resource.Org ((

http://public.resource.org/index.html) ) AltLaw (beta)AltLaw (beta) ( (http://www.altlaw.org/) )

(federal appellate cases only)(federal appellate cases only) Google Scholar Google Scholar ((http://scholar.google.com/))

Free: Cases & BriefsFree: Cases & Briefs

Opinions and court filingsOpinions and court filings are are frequently posted on the website of frequently posted on the website of the court which issued the opinion. the court which issued the opinion. Research mega-sites also have Research mega-sites also have extensive archives of case law, at extensive archives of case law, at least at the federal level.least at the federal level.

Briefs and opinionsBriefs and opinions (at least at the (at least at the federal appellate level) are also federal appellate level) are also often posted on these sitesoften posted on these sites..

Google Scholar – Legal Google Scholar – Legal ContentContent

http://www.netforlawyers.com/content/google-makes-free-caselaw-search-available-scholar

Low-Cost: Court docsLow-Cost: Court docs

Court documents at the Court documents at the lower lower federal courtfederal court level (e.g., complaints level (e.g., complaints and replies in district court) are and replies in district court) are usually available through PACER usually available through PACER (Public Access to Court Electronic (Public Access to Court Electronic Records).Records).

PACER charges a per-page fee for PACER charges a per-page fee for document retrieval (currently document retrieval (currently $0.08).$0.08).

Low-Cost: Court docsLow-Cost: Court docs

Court documents at the Court documents at the state courtstate court level level may be posted on the court’s web site.may be posted on the court’s web site.

You may also have to contact the You may also have to contact the court court clerkclerk or or court librarycourt library directly, and pay a directly, and pay a fee for copying services.fee for copying services.

Check out the library’s research guide at Check out the library’s research guide at http://www.law.duke.edu/lib/researchguideshttp://www.law.duke.edu/lib/researchguides//records_briefs records_briefs

Free: StatutesFree: Statutes

Session laws and codesSession laws and codes are usually are usually available on the web site of the available on the web site of the jurisdiction’s legislature. Amount of jurisdiction’s legislature. Amount of years available will vary.years available will vary.

FederalFederal : Available via FDsys, : Available via FDsys, http://fdsys.gpo.gov .http://fdsys.gpo.gov .

StateState: Consult links on National : Consult links on National Conference of State Legislature site: Conference of State Legislature site: http://www.ncsl.org/public/leglinks.chttp://www.ncsl.org/public/leglinks.cfm. fm.

FDSys will replace GPOAccess this summer. Not all content has migrated, although bills and public laws are here. Use “Search on GPO Access” link at left to get to U.S. Code and Statutes at Large.

Statutes at Large is available (1789-2004) in PDF through HeinOnline, a low-cost database.

Free: StatutesFree: Statutes Local (municipal) codesLocal (municipal) codes are are

sometimes posted on the county or city’s sometimes posted on the county or city’s web site.web site.

Private publishers also make them Private publishers also make them available online:available online: http://www.municode.com/Library/http://www.municode.com/Library/

Library.aspxLibrary.aspx http://municipalcodes.lexisnexis.com/http://municipalcodes.lexisnexis.com/ http://www.generalcode.com/webcode2.htmlhttp://www.generalcode.com/webcode2.html http://www.codepublishing.com/http://www.codepublishing.com/

elibrary.htmlelibrary.html

Free: Legislative HistoryFree: Legislative History

Federal legislative history material Federal legislative history material is widely available online through is widely available online through the the Government Printing OfficeGovernment Printing Office (GPO) and the (GPO) and the Library of CongressLibrary of Congress..

The Law Library maintains a The Law Library maintains a research guide to these and other research guide to these and other federal legislative history resources federal legislative history resources on our web site:on our web site:http://www.law.duke.edu/lib/http://www.law.duke.edu/lib/researchguides/fedleg.html researchguides/fedleg.html

THOMASTHOMAS

http://thomas.loc.govhttp://thomas.loc.gov Full-text bills and bill summaries Full-text bills and bill summaries

(1973- )(1973- ) Includes links to available committee Includes links to available committee

reports and reports and Congressional RecordCongressional Record debates (usually 1994- ). debates (usually 1994- ).

Links lead to the full text of the bill(s), report(s), debate(s), etc., which are available via GPO Access.

GPO Access (soon to be GPO Access (soon to be FDsys)FDsys)http://www.gpoaccess.govhttp://www.gpoaccess.gov Full-text congressional committee Full-text congressional committee

reports, committee prints, selected reports, committee prints, selected hearings, hearings, Congressional RecordCongressional Record, and , and much more through the Legislative much more through the Legislative Resources. Many sources available in Resources. Many sources available in PDF.PDF.

This summer, should be replaced by This summer, should be replaced by FDsysFDsys (http://fdsys.gpo.gov). (http://fdsys.gpo.gov).

Free: Legislative HistoryFree: Legislative History

StateState materials will vary widely in materials will vary widely in terms of online availability.terms of online availability.

Generally, online resources will be Generally, online resources will be somewhere on the somewhere on the state state legislature’slegislature’s web site. web site.

Look for a Look for a library research guidelibrary research guide from an in-state law school, or from an in-state law school, or consult a state-specific research consult a state-specific research guide for more info.guide for more info.

Free: RegulationsFree: Regulations

FederalFederal regulations are available: regulations are available: Federal RegisterFederal Register (1994- ) through (1994- ) through

FDsys, http://fdsys.gpo.gov FDsys, http://fdsys.gpo.gov Code of Federal RegulationsCode of Federal Regulations (1996- ), (1996- ),

through GPO Access, through GPO Access, http://www.gpoaccess.gov/cfr/index.html http://www.gpoaccess.gov/cfr/index.html

Regulations.govRegulations.gov, , http://www.regulations.gov http://www.regulations.gov

Individual Individual agency sitesagency sites (coverage (coverage varies)varies)

Free: RegulationsFree: Regulations

StateState regulations are usually available regulations are usually available through individual through individual agency web sitesagency web sites; ; some some administrative codesadministrative codes are also are also published online by the secretary of state’s published online by the secretary of state’s office.office.

University of MichiganUniversity of Michigan maintains a good maintains a good directory of links to directory of links to State Legal Sources State Legal Sources on the Webon the Web, http://www-, http://www-personal.umich.edu/~graceyor/doctemp/stpersonal.umich.edu/~graceyor/doctemp/statelaw.html atelaw.html

Free: FormsFree: Forms

Forms Forms requiredrequired in a specific court are often in a specific court are often available through the available through the courtcourt’s own web site. ’s own web site.

FindlawFindlaw (http://forms.lp.findlaw.com/) (http://forms.lp.findlaw.com/) provides forms for specific jurisdictions, as provides forms for specific jurisdictions, as well as sample contracts and “forms dealing well as sample contracts and “forms dealing with specific issues” (i.e., fill-in-the-blank with specific issues” (i.e., fill-in-the-blank forms).forms).

Public Library of LawPublic Library of Law (http://www.plol.org) also maintains a forms (http://www.plol.org) also maintains a forms collection.collection.

Free: FormsFree: Forms

LexisONELexisONE (http://www.lexisone.com) is a mini-(http://www.lexisone.com) is a mini-LexisNexis, designed for small firms.LexisNexis, designed for small firms.

Portions of the site are free, but Portions of the site are free, but require registration.require registration.

Selected forms from Lexis’ library of Selected forms from Lexis’ library of Matthew Bender publications are Matthew Bender publications are available for free download.available for free download.

Pay forms are automated (can be filled in online); free forms must be downloaded and printed.

Only selected forms are available on the free list.

Free: Public RecordsFree: Public Records

Public records about Public records about peoplepeople (births, (births, deaths, marriages, incarcerations, deaths, marriages, incarcerations, real estate transactions, property real estate transactions, property taxes) are usually maintained at the taxes) are usually maintained at the county governmentcounty government level. level.

Don’t know the county? Check the Don’t know the county? Check the map at map at http://quickfacts.census.gov/cgi-http://quickfacts.census.gov/cgi-bin/qfd/lookup. bin/qfd/lookup.

Free: Public RecordsFree: Public Records

Public records about Public records about corporationscorporations are usually maintained at the state are usually maintained at the state level (with the exception of publicly-level (with the exception of publicly-traded companies’ securities filings, traded companies’ securities filings, available through the SEC).available through the SEC).

Information about registered Information about registered corporations can be found through corporations can be found through the the secretary of statesecretary of state where the where the business is incorporated. business is incorporated.

Putting It All TogetherPutting It All Together

How do you know when it’s better (or How do you know when it’s better (or safe) to use a free source instead of safe) to use a free source instead of Lexis/Westlaw?Lexis/Westlaw?

Consider these factors:Consider these factors: Currency Currency of the sourceof the source AuthorityAuthority of the source’s creator of the source’s creator Ease Ease of retrieving free vs. paid of retrieving free vs. paid

sourcesource ProximityProximity of project deadline of project deadline

Upcoming Research Upcoming Research SessionsSessions

http://www.law.duke.edu/lib/http://www.law.duke.edu/lib/workshops/ workshops/

Thanks!Thanks!

Molly BrownfieldMolly Brownfield

Head of Reference ServicesHead of Reference Services

brownfield@law.duke.edubrownfield@law.duke.edu