Hi Amy,
A bit of clarification is needed concerning my recent articles on this topic. I do state that it may become an issue but I have not written anything saying it is malpractice. Below are quotes from my most recent writings about the malpractice issue.
"In the not too distant future it may well become per se negligence to use print Shepard's instead of the more efficient and reliable online version."
Perspecitives: Teaching Legal Research and Writing, with Travis McDade. (Fall 2004)
" Whether this indicates the standard of care will change in the future remains to be seen, however, the issue remains one we should all closely watch."
>From my column in the Illinois Bar Journal. Vol. 92, No. 3 (March 2004)
Hope this helps!
Phill
_______________________________________________
Phill W. Johnson, JD, MSLIS
Assistant Professor of Library Administration
Law Reference Librarian
Albert E. Jenner, Jr. Memorial Law Library
University of Illinois College of Law at Urbana-Champaign
----- Original Message -----
From: "Amy Hale" <ahale@sdcll.org>
To: "lawlib" <law-lib@ucdavis.edu>
Sent: Tuesday, July 06, 2004 12:24 PM
Subject: malpractice for failure to electronically Shepardize?
> Here are the answers I have received so far....
>
> AHJ
>
> *****************************
> 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
>
>
>
> ****************************
> 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
>
> ********************************
>
> 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
>
> *******************************
>
> 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
>
> *******************************
>
>
>
>
>
>
>
>
> --
> __________________________________
> 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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