Here are the answers I have received so far....
AHJ
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Hi Amy--
I looked for this a couple of months ago (Westlaw searches of federal
and state cases, plus law review articles). I also talked to Phill
Johnson at the U of ILlinois, who just published an article in
Perspectives on electronic shepards. In his article he says it *is*
malpractice but he hasn't found any cases either.
Good luck--
Mary Rumsey
Foreign, Comparative & International Law Librarian
University of Minnesota Law School
229 19th Avenue South/Minneapolis, MN 55455
(612)625-2905
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You may have already seen this article, if not, check out the Spring,
2004 issue of Perspectives (vol. 12), p. 160 - "Print Shepard's Is
Obsolete..." the authors get into the malpractice issue a bit.
Mike
Mike Miller
Director, Maryland State Law Library
Robert C. Murphy Courts of Appeal Bldg.
361 Rowe Blvd.
Annapolis, MD 21401
(410) 260-1430
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I remember reading at least one case where an attorney was severely
chastised for not turning to legal databases to update his research and
the court openly speculated whether in this day and age, that would
constitute a COA for legal malpractice but it was all dicta. I say this
in case you are dealing with a situation where the patron vaguely
remembers something since this recollection obviously does not fall
within your precise parameters.
Hope you had a nice holiday!
Nanna
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Hi Amy,
Do you have Lexis Rep for the Library? If anyone knows whether there
is an opinion out there on this, they would. Maybe Lexis Customer
Service can point you to an opinion. Just a thought...which you may
have already tried. If you find one, I would be interested in seeing
it.
Christine Hepler
Christine I. Hepler
Reference/Circulation Librarian
Donald L. Garbrecht Law Library
University of Maine School of Law
246 Deering Avenue
Portland, ME 04102
207-780-4827
chepler@usm.maine.edu
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-- __________________________________ Amy Hale-Janeke, J.D., M.L.S. Reference Librarian/Media Coordinator San Diego County Public Law Library 1105 Front Street San Diego, CA 92101-3999 (619) 531-4437 ahale@sdcll.org http://www.sdcll.org
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