('binary' encoding is not supported, stored as-is)
Thanks again to everyone for helping me out. Below is a summary of
responses from the following posted questions:
1. What research skills do new associates lack?
2. What search methods should law schools focus? What are new
associates missing?
3. How could the firm librarian ease the transition from academic to
firm research?
4. How much do you think new associates should know about legal
research - electronic or books - when they start at a law firm?
Survey Results -
1. What research skills do new associates lack?
Understanding that books can sometimes give more helpful information
than blindly search online; thinking about jurisdiction, context of a
question before starting research
It is only a slight exaggeration to say they lack skills for anything
that is not a case law search. They are typically unprepared for
legislative and regulatory or regulatory research and use of secondary
resources. In particular they are unaware of the costs or
cost-effective research techniques. They are unaware of resources other
than Lexis and Westlaw, including CCH, RIA, BNA, Securities Mosaic, 10-K
Wizard, SEC Net, etc.
We librarians find that they are lacking in ability to analyze the
problem. I know this is a tough skill to teach, but a combination of
legal research with legal writing would seem to be the place to start.
Just figuring out, is this a contracts question? a corporation law
question? a UCC question? is a big challenge for a beginner.
An understanding of how the legal system fits together and what print
material is used to locate what part of that puzzle. I know this would
seem to be a given for folks coming directly from law school however, I
am finding a severe general lack of knowledge in this very basic area.
1. How to research using treatises, digests, or much else in print.
2. How to do legislative history research.
3. How federal regulations are promulgated.
4. How a bill becomes a law--the specific stages involved.
5. The difference between a statute and a regulation.
They run immediately for the computer when someone says "Find me
information on . . . . " The have no knowledge of books at all. (This
year I had to teach an incoming associate what an index is and how to
use it.) Not all information is on the computer!
How to use an index, how to use a digest.
2. What search methods should law schools focus? What are new
associates missing?
They should require advanced legal research for all students rather than
just legal writing.
I would love to see associates who are more comfortable asking questions
from the partners/senior associates when they get assignments. Too
often, we have to send them back for clarification, which is less than
ideal for them or for us. In this economy, they need more preparation
than ever in cost-effective research techniques - when to use a book,
how to select the right database for the search, how to use, tables of
contents or Keycite and Shepards for research. They need to be able to
explain to their partners/senior associates why they ran the searches
they did and how that provides the best value for the client.
I rather liked the Bob Berring method of making them start with the
law: USCA, the annotations. Nobody wants to read the law these days.
Also, showing them how to find the landmark cases. Also, for certain
practices, Securities, Tax which are rule-bound, it behooves the kids to
learn the regs. It's a limited body of knowledge, after all. I don't
mean memorizing every word, but knowing what kinds of regs fall under
the Securities Act of 1933 and the Exchange Act of 1934.
I suspect the law schools are allowing students to use the computer
sooner than they use to. I would strongly recommend they go back to the
print material first and emphasize what tool is for what purpose. I
think online searching distorts the process.
1. How to use a loose-leaf service.
2. How to use a digest.
3. How the electronic versions of the books are similar and different.
Law schools should teach a balance of computer research and research
using printed sources, as well as mentioning that it is still possible
to make a call on the phone to find the information. What are new
associates missing? Everything that isn't on the computer.
They are missing some of the resources that would help them from
re-inventing the wheel every time. They do term searches in case law
databases first. They don't take the time to look at a relevant
treatise or ALR or even a law review article that would save them time
and money.
3. How could the firm librarian ease the transition from academic to
firm research?
By giving short training sessions -- in general or in topical areas ; or
by using a video (i.e. Commando Legal Research) to provide this
information
It is important for us to make sure they understand the differences
between the academic and firm environment and to give them the tools
they need to feel more secure.
Provide training in cost-effective research techniques before they start
researching, so they understand the environment they are working in. In
that training provide concrete examples of ways the library can help
them provide better research products, save time and save money. Have
them bring their first research projects to the library.
Making them aware of treatises available in the area of law. I like to
start with a treatise when I don't know much about an area of law.
Find out how deep their new associates understanding of the tools is. If
it is shallow than revisit and reintroduce the tools. If it is good show
where the comparable tools are online. And reiterate that answers are
not always black and white sometimes they have to be constructed from
the bits and pieces found.
They need to know how much Lexis & Westlaw cost and what other
alternatives exist (Fastcase, Lois, Heinonline, etc.) They need to know
the resources available in their area of law in the firm library. They
need to know how treatises can help them especially in giving them the
big picture and explaining terms and concepts. They also need to read
the entire case and not just copy and paste snippets.
1. Teach the difference between hourly and transactional
searching--when to choose each.
2. Show them how to select and use the cost-effective resource and
update it using them more expensive resources when possible without
sacrificing accuracy.
3. Teach them the basics of doing something similar to a reference
interview (with clients and senior partners)so the have the requisite
facts to do the research properly.
4. Teach them that the firm's policies regarding use of premium
resources vary greatly, and that they should learn what their firm's
policies are ASAP.
I introduce all new associates and summer interns to our print
collection and show them how to start in the print and then go to the
computer to fill in, update, and answer any questions they didn't find
in the print sources. I also explain that not everything is on the
computer and that if the question is a simple one, go to the print
instead of the computer - that keeps our online charges within reason.
Offer training in a friendly environment - don't try to scare them,
educate them, become their ally.
4. How much do you think new associates should know about legal
research - electronic or books - when they start at a law firm?
They should know the basics of how to research & have an understanding
of book, journal, web and online sources that are available. The firm
librarian(s) should show them the resources in that particular firm and
how to use them.
They can't be expected to know everything, but they should understand
the importance of listening to and talking with the assigning attorney
about the research, the differences between and uses of primary and
secondary resources, the basics of the legislative and regulatory
processes, and the power they have to impact the cost of the research
they do.
I think they should know the difference between primary and secondary
sources, know the difference between a law and a regulation. - They can
do all of this online too. I know they don't want to leave their desks
to look at books. I say we give up on trying to show them print
sources. It's not that it's wrong to go online first, it's just wrong
to think that everything is going to be in case law.
If they understand the general lay of the research world and have a 800
help number for the various services that is all they need to know. NO
ONE......NO ONE knows everything needed to know about research.
Also they should be introduced to help tools such as the Zimmerman
research website, how to find pathfinders, etc.
I think they should have taken at least two, if not three, intensive
courses in legal research. They need to be able to find the information
to support their theory in order to convince a judge or jury or write a
good opinion letter or put together a contract.
They should be competent online and print researchers. They should just
need to be brought up to speed on cost-effective research methods. They
should know the difference between a statute and a regulation!
cessante ratione legis, cessat et ipse lex
Jill L K Brooks
Legal Librarian
Robinson, Bradshaw & Hinson
101 N. Tryon St, Suite 1900
Charlotte, NC 28246
* jbrooks@rbh.com <mailto:jbrooks@rbh.com>
(Direct 704.377.8136
(Office 704.377.2536
6 704.339.3436
P Please consider the environment before printing this e-mail
5.4/5.0
This incoming message has been identified by the UCD central filters as
possible spam. This attachment is provided so that you can review the
reasons the message was tagged, and to assist with additional filtering
if you wish to supplement the central filters with your own local rules.
If you have further questions please email ithelp@ucdavis.edu for
assistance.
Content analysis details: (5.4 points, 5.0 required)
pts rule name description
---- ---------------------- --------------------------------------------------
-0.0 SPF_HELO_PASS SPF: HELO matches SPF record
-0.0 SPF_PASS SPF: sender matches SPF record
1.4 SARE_LW1933 BODY: Reference to Securities Act
3.4 TVD_ACT_193 BODY: TVD_ACT_193
0.0 HTML_MESSAGE BODY: HTML included in message
0.6 HTML_FONT_FACE_BAD BODY: HTML font face is not a word
This archive was generated by hypermail 2b29 : Wed Nov 19 2008 - 12:23:09 PST