Thank you to all who responded. I have summarized the responces below.
While I was most interested in what firms told users about how to use online legal resources - I also got a lot of information on how and what to bill. All great information. I have put our proposed policy at the end.
Thanks again!
Cynthia
SUMMARY
I'm familiar with two very different policies.
The firm I'm currently at does not bill any Lexis or Westlaw usage, even
when outside of our flat rate agreement. Period. Some pay as you go
services, like Dun & Bradstreet reports, usually are billed to clients
when used for client-related work, though they can also be used for
nonbillable work. For pay as you go, a personal number would be charged
if for personal use. I can't say anybody would bother charging a staff
member with something like a $.25 search to find an old classmate's
address in Accurint, or for other small usage.
A prior firm I was at did bill for Lexis and Westlaw usage. Personal
use within the flat rate was allowed and not charged. It also had a
pretty firmly enforced rule that any usage outside of the flat rate
agreement 1) had to be charged to a client and 2) could not be written
down or written off by the billing attorneys. This type of policy
obviously needs a lot of buy-in from up high. Office managing partners,
practice group leaders, and firmwide management would have to be willing
to make sure it was followed.
Firm Policy Statement
It is the policy of this firm to encourage the cost-effective use of
electronic research tools such as Lexis, Westlaw, and other available
databases. Should a doubt exist concerning the amount or manner of use
on any particular matter, the billing attorney on that matter should be
consulted.
A user must have adequate training in the cost-effective use of a
database before commencing any computerized search. Cost-effective use
requires that research be systematically planned and executed, including
conducting preliminary manual research to define and narrow the
question, selecting the appropriate database and file, minimizing the
reformulation of search requests and the volume of printing. Electronic
research tools ordinarily cannot be used cost-effectively to acquire a
familiarity with an area of law.
While the primary use will be by associates and paralegals, every
attorney is encouraged to receive Lexis/Westlaw training. Thus, all
attorneys, law clerks, and paralegals are expected to take the training
course commensurate with their expertise on Lexis/Westlaw. By taking the
training, those attorneys not normally involved in daily research will
discover what resources are available and how best to assign research.
Attorneys and paralegals are expected to attend advanced training
sessions at one year intervals.
Citations for all briefs leaving this office must be double checked
using Lexis/Westlaw. This task may be assigned either to a qualified
paralegal or to our library staff. Before oral arguments, repeat this
procedure on your and your opposing counsel's briefs.
All training and assistance in the use of these facilities will be
coordinated through the library staff.
Library Policies
Charging Clients For Searches
Searches done on behalf of a client on regular Lexis and Westlaw must be
charged to the appropriate client. It is very important that we charge
enough billable searches to our clients to cover the cost of the fixed
monthly charge. Client charges for Lexis and Westlaw fees are based on
the fees normally charged by Lexis and Westlaw.
Whenever possible, enter the client matter number when you log on to
LEXIS or WESTLAW. That will allow the research to be billed promptly and
reduce the time required to obtain the proper client matter number. If
the client matter number is unavailable at the time of the search, see
list of numbers below to use.
If you do not enter a client matter number for your research, you will
receive an e-mail asking for the client matter number. Respond to all
requests for client matter numbers promptly so as not to delay the
billing.
Using LEXIS And WESTLAW For Non-Billable Matters
Lexis or Westlaw may be used for non-billable matters such as pro-bono
work, seminars, client newsletters, marketing, etc., in addition to your
client-related research. See list of appropriate internal billing
numbers for non-billable research below.
Client Identifiers To Use When Client Matter Number Is Unavailable
0000000-000000 Client Name Use this number when a client matter number
has not yet been assigned. Enter zeros for the client matter number,
then the name of the client or some other identifying information, e.g.
0000000-000000-Longaberger.
0698000-003000 Client Name Use this number when doing research for a
potential client that may be billed at a later time if we are retained,
e.g. 0698000-03000-BP Oil.
Client Identifiers To Use For Non-Billable Research
0698000-001400 (Marketing) Use this number for research for background
information regarding a particular client or to keep up with news about
a client. Add the name of the client after the number, e.g.
0698000-001400-Star Bank
0698000-002000 (Civic & Charitable) Use this number for searches
performed for charitable reasons. If the search is for a specific pro
bono client, add the name of the client after the client matter number,
e.g. 0698000-002000-Faith Mission
0698000-004000 (Continuing Legal Education) Use this number for
research to improve your personal knowledge, such as looking at daily
newsletters online.
0698000-005000 (Professional Activities) Use this number for research
for speeches, seminars, articles, books, and newsletters that you are
writing or presenting. Indicate whether the research is for a speech,
seminar, etc., e.g. 0698000-005000-Equal Employment seminar.
0698000-008000 (Personal) Use this number for personal research that is
to be deducted from your pay.
All of our online research needs to be billed to a client-matter # for billing. We have established a firm # they can use to identify the research as marketing and another firm # to prepare for a seminar. We really discourage personal use, but if they do use it they identify it as such and it is billed to them and comes out of their paycheck. Whenever possible the research is billed out to a client and the billing Principal can decide at the end of the month how much if any will get written off and not billed to that particular client. They are reminded throughout the year that online research is not free and our use today will influence our next contract so it always should be used in a cost effective manner. We are flexible on databases included in our contract being charged to the firm and the clients always get charged the discounted rate and not actual charges. If a search is done in one of the excluded databases it must be billed to a client or it is billed as a personal charge. Excluded databases can
not be charged to the firm even for marketing searches or seminar preparation without approval of the managing Principal in their department since it would ultimately be charged against that department's budget.
Every firm I've worked at, both as a lawyer and a librarian, sets these
kinds of policies, but I've found that the reality is that the policies
are frequently circumvented or just plain ignored. The truth of the
matter is...it's their firm and their money and they'll spend it how
they please. <g>
Having said that, I think it's best to assign non-billable numbers to
the different kinds of legitimate non-billable research. I always use
the argument that the firm needs to track those kinds of expenses and
using a specific number allows us to do that. Getting them to use the
numbers appropriately is another matter though. I've found that in
every firm there will be one non-billable number that becomes the
"catch-all" number and they will tend to just lump all the non-billable
research together under that number.
Therefore, I've suggested that each client or matter be assigned a
non-billable extension/suffix/code that is for non-billable research.
It should be the same for each client/matter: e.g.- the client numbers
would be 5 digits, matter number 4 digits and a common-to-all suffix
would be added for non-billable research - 12345.4444.9, such that 9
would always denote non-billable work for that client/matter. This
would give the firm a way to track non-billable costs on every
client/matter and to determine just what the client/matter is really
costing the firm. The simplicity of that method is such that the
attorneys would always know how to enter a number for non-billable
research no matter what file they are working on.
The idea is under consideration, but these kinds of changes move slower
than molasses on a cold day.
I've focused here on using electronic resources for non-billable
research and I know your inquiry was broader than that, but this issue
has been front and center for me lately, so I hope I've given you some
ideas that can be of use.
POLICY
Online Legal Resources Policy
PURPOSE
It is the policy of this firm to encourage the cost-effective use of electronic research tools such as Accurint, PACER, Lexis, Westlaw, and other available databases. Should a doubt exist concerning the amount or manner of use on any particular matter, the billing attorney on that matter should be consulted. Pricing and training information may e obtained from the library.
The online resources at have many benefits. Online resources allow to serve clients in the most cost effective and successful possible manner. These resources also improve the knowledge level and visibility of lawyers in the Firm and reduce library costs. With these resources, is able to provide services at a reasonable fee that would otherwise be too costly. Additionally, these resources assist in obtaining more work from prospective clients through well prepared speeches, articles, and teaching.
Online resources provide an excellent benefit to the client. They are timely, convenient, and cost effective. The cost of online resources should be fair and equitable to all clients. And finally, the firm must recoup these online costs to remain competitive in the market.
POLICY
APPROPRIATE USAGE
All online resources will be billed to clients. The few narrow exemptions to this rule are: client development, pro-bono work, seminars, client newsletters, marketing, etc., and personal use. Online resources will be used in a professional manner and in compliance with all applicable state and federal laws.
BILLING
Searches done on behalf of a client will be charged to the appropriate client. It is very important that we charge searches to our clients to cover the cost of these resources. All online resources will be billed to a client matter, whether the information is part of a flat rate contract or a pay as you go basis
You should use the service that we have the best negotiated contract with to give the client the best price and the firm the best value. Take advantage of flat rate contracts * which pass on a significant discount to the clients Firm numbers or non billing numbers will not be allowed except in very narrow circumstances listed below.
CLIENT IDENTIFIERS TO USE WHEN BILLING TO A CLINET
Use this number when billing research to a client. Enter 9 digits (the client number and mater number) a space and then your initials. e.g. 161230001 clb
CLIENT IDENTIFIERS TO USE WHEN CLIENT MATTER NUMBER IS UNAVAILABLE
Use this number when a client matter number has not yet been assigned. Enter the nine digits for the client matter number, a space and your initials, and then the name of the client or some other identifying information, e.g. 000100000 clb Company
Use this number when doing research for a potential client that may be billed at a later time if we are retained.
CLIENT IDENTIFIERS TO USE FOR PERMISSIBLE NON-BILLABLE RESEARCH
CLIENT DEVELOPMENT
Use this number for research for background information regarding a particular client or to keep up with news about a client. Add the name of the client after the number, e.g.
PRO BONO
Use this number for searches performed for charitable reasons. If the search is for a specific pro bono client, add the name of the client after the client matter number, e.g.
FIRM PROJECTS
Use this number for research to improve your personal knowledge, such as looking at daily newsletters online. e.g.
CLE, PRESENTATIONS, ARTICLES
Use this number for research for speeches, seminars, articles, books, and newsletters that you are writing or presenting. Indicate whether the research is for a speech, seminar, etc., e.g.
PERSONAL USE
Use this number for personal research. You will be allowed $200 worth of use each month. After that, the usage will be billed to your personal number. It is critical that all personal usage is marked under 000300000 so that we can track firm vs. personal matters.
PRIVACY
Use of online resources includes access to public records and other documents that may be subject to privacy laws. These records may only be accessed under the provisions of state and federal law. Including but not limited to Graham Leach Bliley Act, Drivers Privacy Protection Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, and any and all applicable state laws. Employees should not use these resources to "play around", but only for legitimate firm business or personal matters.
Users should ensure that protected records are treated and stored in a "confidential" manner. Steps to maintain records in a secure manner may include storage of files in a locked cabinet or room and use of a password-protected screensaver. The key is to limit access of protected records to those individuals who need the information as it pertains to assigned work.
The firm's policy on use of the internet and email like wise applies. The policy states, in pertinent part,
Employees are prohibited from using Firm Equipment for any improper or illegal purpose, including not limited to: (a) harassing, threatening or annoying anyone, (b) conducting non-Firm business or commercial activity, (c) obtaining sexually explicit, illegal, copyrighted or proprietary materials or trade secrets, and/or (d) transmitting or receiving messages or materials that insult, degrade or poke fun at sex, gender, race, color, national origin, religion, age, disability, citizenship or military service status. The Firm will apply the provisions of its anti-harassment policy to the misuse of Firm Equipment.
Anyone who violates this policy will be subject to discipline, at the discretion of the Firm, up to and including termination of employment.
The Firm owns and claims all rights of access to Firm Equipment. Use of any Firm Equipment should be limited to Firm business purposes. The Firm shall not consider reasonable, nonharassing, noncommercial and/or incidental use of the Firm Equipment for personal reasons to be a violation of this policy. The Firm reserves the right and the discretion to determine, in specific cases, whether use of Firm Equipment has been inappropriately used for personal reasons.
CONCLUSION
Any questions concerning this policy may be directed to the library.
>>> "library" <library@joneswaldo.com> 10/27/2004 2:31:24 PM >>>
I am looking for some input or sample policies on online research.
I do not need prices, vendors, or any contract details.
What I am interested in is a policy that lays out appropriate uses,
privacy issues, how to bill or not bill for personal use, cle,
presentations, marketing, etc.
We want to issue a policy so every one understand how to use these
resources appropriately. If anyone has anything - or has any ideas of
what should be included - it would be greatly appreciated.
Please reply off list - I will summarize.
Thanks!
Cynthia
Cynthia L. Brown, Esq.
Librarian
170 South Main Street
Suite 1500
Salt Lake City, UT 84101
801 521 3200
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