Thanks to all who responded to my inquiry regarding losing the federal
reporters, supplements, Sp Ct Repts., etc, in favor of using a flat-fee
agreement with WEXIS. Many of yo expressed interest in the responses. Here
they are.
1. As to your question: we were forced to chuck reporters from our office
due to space. We went with an existing CD-ROM collection, whichis
questionable in terms of efficiency - but easy for people to use
andunderstand. Our problem with relying on flat-rate is that the guys
upstairs get upset when they see a lot of non-billable stuff (which, as I
have have explained to them over and over, it the whole point of having the
contract). They are afraid that people will start to abuse the flat rate
contract (do billable work under a non-billable number) if they advertise
the contract too much. I believe that Lexis can arrangea deal for special
passwords on a special account for primary material -that's another option
we considered. You may want to see if Westlaw would do the same.
2.We got rid of Fed 1st, the regional reporters, etc. about 6 years ago
andrely on Lexis/Westlaw. It hasn't been a problem for us. We have
aflat-rate agreement with Lexis so cost is under control. There were
someminor complaints initially but nothing serious. I think reporters are
the easiest things to replace with online resources. We got rid of Shepards
over 8 years ago and it's been fine. Our firm policy is to cite check
everything electronically.
3.We made the conversion 3 years ago and although I was prepared for an
outcry, it never came. We canceled all the federal reporters and one
regional one. I think one reason it has worked so well is that we have
lawyers in offices all over the country and they actually prefer receiving a
downloaded and emailed copy of a case instead of a photocopied and faxed
copy of a case.
4. We have not removed our Reporters from the library, but about 3 years
ago, we cancelled our standing orders for print and use our flat rate and
our West CDs to retrieve cases. Occasionally, some one will look for an
older case in print because of a chart. However, generally, we do not use
the books now. No one seems willing to discard the books at this time.
5.We had to do away with all of our Reporters (period) a few years ago.
Rather than be entirely dependent on on-line services, we purchased the
State and Federal Reporters on CD and use Westlaw only for updating the
status of a case, or for cases too recent to be included on the CD's. If you
have to get rid of anything, case law is the easiest item in a law library
to convert toan electronic format.
6.Have you had a flat fee arrangement in the past with Westlaw or Lexis? My
experience with Westlaw, in particular, is that when it comes time to renew
your flat fee contract, the renewal is based on how much you have used in
the past. The more you have used in the past (like the most recent 12
months) the more you will pay when you renew your contract. They also look
at trends. If it appears that your usage is increasing rather than leveling
off, West may want a higher % increase than they would if your usage
wereleveling off.
7.I cancelled the Federal Reporters recently in order to comply with a
reducedbudget. There was such an uproar they were reinstated. The objections
were: 1) increased costs to clients, even though we pass on our huge
discount for the flat rate fee 2) preference for print materials 3) (and
this was the loudest objection) the concept of canceling a frequently used
and familiar reporter.
8.We are a county public law library which had to withdraw our subscription
to the Fed Reporters, Supps, and FRDs. We have a flat fee rate with Lexis
and Westlaw. For the most part our attorneys have accepted this policy with
some reservation. They often like to scan over the case without having to
pay a printing charge. Unfortunately, we are not in a position to have them
view the case at the computer where the information was retrieved, so they
have to pay upfront. Sometimes the case isn't on point and they have paid
for something they don't need. If they are sure they need the specific case
then we have no problem, and actually they like the fact that they don't
have to take the book and photocopy it themselves. The laser copy is a
better print!
Thanks again, everyone.
Elizabeth D. Kenney, M.S.
Dechert Price & Rhoads
Ten Post Office Square South
Boston, MA 02109-4603
617 728-7118, ekenney@dechert.com <mailto:ekenney@dechert.com>
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