Re: A Summer Associate Story

From: andrew johnson (tysonandrewjohnson@juno.com)
Date: Thu Jun 17 1999 - 21:31:34 PDT

Next message: Genie Tyburski: "Re: A Summer Associate Story"
Previous message: KMOQuinn: "Re: 2nd Request: Wanting samples of Document Delivery Request Forms-PLEASE!"
Next in thread: Karen Mahnk: "Re: A Summer Associate Story"
Reply: Karen Mahnk: "Re: A Summer Associate Story"
Messages sorted by: [ date ] [ thread ] [ subject ] [ author ]

I wanted to comment on the Associate's rationale. Rewgarding using
Wexis, it is convenient to use your search terms as you read the case,
because the terms you use are in bold. Therefore, all you have to do is
to skim the text of the case, find the bold words, to see what that case
says about your search terms. Although the two cases he was looking for
TURNED OUT TO BE SHORT, this could not have been predicted, and would
have saved the client billable time had the cases turned out to be long.

On the other hand, here's where you lose by NOT using the books. There
is only one part of a case that is binding...it's called, "holding." The
search terms the associate finds may be buried in either dicta, opinion,
reasoning, or factual analysis of the case. Here's where he had better
not get confused...None of these things are binding. Most lawyers,
including myself, readily point out when an opponent has cited dicta as
if it were the holding of the court. It is easy to make this mistake if
you are simply skimming the case for your bold search terms.

Andrew Johnson, Esquire

On Thu, 17 Jun 1999 16:15:05 -0700 "Robert S. Ryan" <RRyan@HFBLLP.COM>
writes:
>This message is in MIME format. Since your mail reader does not
>understand
>this format, some or all of this message may not be legible.
>
>------_=_NextPart_001_01BEB917.3C2F5D80
>Content-Type: text/plain;
> charset="iso-8859-1"
>
>Mention the Devil and you see his horns. Just had a Summer Associate
>ask me
>to pull up 2 FSupp cases for him on Lexis. I pointed out that the
>Fsupps
>were located about 6 feet from the table where he was sitting. He said
>he
>wanted a printout so he could mark it up. I pointed out that there was
>a
>photocopier about 4 feet from the table where he was sitting. He said
>he
>wanted to be able to use the Find & Focus features to locate his
>search
>terms in case the cases were long. I got the volumes and brought them
>to the
>table where he was sitting. I pointed out that one case was 6 pages
>long and
>the other was three.
>
>Then I hit him with the books. He's no longer sitting at the table.
>
>Bob Ryan
>Hill Farrer Burrill
>Los Angeles.
>
>
>
> -----Original Message-----
> From: Genie Tyburski
>[mailto:tyburski@virtualchase.com]
> Sent: Thursday, June 17, 1999 5:01 AM
> To: Law-Lib; PrivateLawLib-L; SLA-LAW
> Subject: A Summer Associate Story
>
> The following is a true story.
>
> Sensing a presence I hadn't heard approaching, I
>looked up
>from my desk
> to find a shy smiling young (and I do mean young) man
>holding an old CCH
> transfer binder.
>
> "Excuse me," he says. "I think I need help."
>
> I smile. His aura emanates innocence, inexperience,
>youth.
>
> He points to a page inside the CCH volume explaining
>it
>reproduces the
> SEC release he wants. Despite his amazing feat in
>finding
>this release
> in a BOOK, his discovery is not the point of this
>message.
>
> He asks, "Is there an online source where I can print
>a
>copy?"
>
> Now I'm confused. To make sure I understand his
>question, I
>confirm
> that he wants an online source for the same SEC
>release he
>holds in his
> hand.
>
> "Yes," he concurs.
>
> I can't help myself. "Why?" I ask.
>
> Flipping the transfer binder around, he shows me how
>difficult it would
> be to photocopy. The binding is tight.
>
> "No problem," I explain showing him the screws for
>taking
>apart the
> binding.
>
> "Yes," he admits to noticing them earlier, "but isn't
>it
>just easier to
> get it online?"
>
> Does this incident not illustrate a generation gap?
>For
>this young man,
> locating and printing a copy of a document online is
>easier
>than
> removing screws from a book in which he has already
>found
>the document!
> The computer is a tool, a friend; the book is foreign,
>baffling.
>
> The moral for me? Well, for one thing, this weekend
>I'm
>going to make
> sure my son knows what to do with a screwdriver,
>hammer and
>nails!
>
> Genie
> --
> Genie Tyburski, Research Librarian
> Ballard Spahr Andrews & Ingersoll, LLP
>
> Web Manager: The Virtual Chase at
> http://www.virtualchase.com/index.shtml
> SLA, Legal Division at
>http://www.slalegal.org/
>
>------_=_NextPart_001_01BEB917.3C2F5D80
>Content-Type: text/html;
> charset="iso-8859-1"
>Content-Transfer-Encoding: quoted-printable
>
><!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 3.2//EN">
><HTML>
><HEAD>
><META HTTP-EQUIV=3D"Content-Type" CONTENT=3D"text/html; =
>charset=3Diso-8859-1">
><META NAME=3D"Generator" CONTENT=3D"MS Exchange Server version =
>5.5.2232.0">
><TITLE>RE: A Summer Associate Story</TITLE>
></HEAD>
><BODY>
>
>Mention the Devil and you see his =
>horns.  Just had a Summer Associate ask me to pull up 2 FSupp =
>cases for him on Lexis. I pointed out that the Fsupps were located =
>about 6 feet from the table where he was sitting. He said he wanted a
>=
>printout so he could mark it up. I pointed out that there was a =
>photocopier about 4 feet from the table where he was sitting. He said
>=
>he wanted to be able to use the Find & Focus features to locate
>his =
>search terms in case the cases were long. I got the volumes and
>brought =
>them to the table where he was sitting. I pointed out that one case
>was =
>6 pages long and the other was three.
>
>Then I hit him with the books. He's
>no =
>longer sitting at the table.
>
>
>Bob Ryan
> Hill Farrer Burrill
> Los Angeles.
>
> 
> 
><UL><UL>
><A NAME=3D"_MailData">-----Original =
>Message-----</A>
> From:   Genie Tyburski
>=
>[<A =
>HREF=3D"mailto:tyburski@virtualchase.com">mailto:tyburski@virtualchase.c=
>om</A>]
> Sent:  
>SIZE=3D2 FACE=3D"Arial">Thursday, June 17, 1999 5:01 AM
> FACE=3D"Arial">To:     FACE=3D"Arial">Law-Lib; PrivateLawLib-L; SLA-LAW
> FACE=3D"Arial">Subject:       =
> A Summer Associate Story
>
>
>The following is a true story.
>
>
>Sensing a presence I hadn't heard =
>approaching, I looked up from my desk
> to find a shy smiling young (and I
>do =
>mean young) man holding an old CCH
> transfer binder.
>
>
>"Excuse me," he says. 
>=
>"I think I need help."
>
>
>I smile.  His aura emanates =
>innocence, inexperience, youth.
>
>
>He points to a page inside the CCH =
>volume explaining it reproduces the
> SEC release he wants.  Despite
>=
>his amazing feat in finding this release
> in a BOOK, his discovery is not the
>=
>point of this message.
>
>
>He asks, "Is there an online =
>source where I can print a copy?"
>
>
>Now I'm confused.  To make sure
>I =
>understand his question, I confirm
> that he wants an online source for =
>the same SEC release he holds in his
> hand.
>
>
>"Yes," he concurs.
>
>
>I can't help myself.  =
>"Why?" I ask.
>
>
>Flipping the transfer binder around,
>=
>he shows me how difficult it would
> be to photocopy.  The binding
>is =
>tight.
>
>
>"No problem," I explain =
>showing him the screws for taking apart the
> binding.
>
>
>"Yes," he admits to
>noticing =
>them earlier, "but isn't it just easier to
> get it online?"
>
>
>Does this incident not illustrate a =
>generation gap?  For this young man,
> locating and printing a copy of a =
>document online is easier than
> removing screws from a book in which
>=
>he has already found the document! 
> The computer is a tool, a friend;
>the =
>book is foreign, baffling.
>
>
>The moral for me?  Well, for one
>=
>thing, this weekend I'm going to make
> sure my son knows what to do with a
>=
>screwdriver, hammer and nails!
>
>
>Genie
> -- 
> Genie Tyburski, Research =
>Librarian
> Ballard Spahr Andrews & =
>Ingersoll, LLP
>
>
>Web Manager:    The =
>Virtual Chase at
> <A =
>HREF=3D"http://www.virtualchase.com/index.shtml" =
>TARGET=3D"_blank">http://www.virtualchase.com/index.shtml>
>         =
>      SLA,
>Legal =
>Division at <A HREF=3D"http://www.slalegal.org/" =
>TARGET=3D"_blank">http://www.slalegal.org/>
></UL></UL>
></BODY>
></HTML>
>------_=_NextPart_001_01BEB917.3C2F5D80--
>

Next message: Genie Tyburski: "Re: A Summer Associate Story"
Previous message: KMOQuinn: "Re: 2nd Request: Wanting samples of Document Delivery Request Forms-PLEASE!"
Next in thread: Karen Mahnk: "Re: A Summer Associate Story"
Reply: Karen Mahnk: "Re: A Summer Associate Story"
Messages sorted by: [ date ] [ thread ] [ subject ] [ author ]

This archive was generated by hypermail 2b29 : Wed Nov 14 2007 - 20:50:07 PST