Re: A Summer Associate Story

From: Karen Mahnk (karenpdo@gate.net)
Date: Fri Jun 18 1999 - 05:26:53 PDT

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andrew;
That may be imp. in certain instances, but cases are used for more than
just standing - there are any number of reasons for researching a case &
one can highlight any term that they deem imp. but it does not nec. mean
that they are going to use the ruling of
that case directly for their research. -
Karen

At 09:31 PM 6/17/1999 -0700, andrew johnson wrote:
>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>
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>>
>>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--
>>
>
>
>

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