Private Law Librarianship in the New Economic Climate

LIBRARIAN FOCUS Private law librarianship in the new economic climate By Heather Heen

The impact of today’s economy on librarianship in private law firms has been the focus of many discussions. At the 2012 AALL annual meeting and the 2012 PLL Summit, it was the central theme running through many of the programs, and there was consensus that the current economic climate is calling for innovation and flexibility from private law librarians.

Economic climate and its effect on librarianship We all faced significant challenges with the downturn of the legal market in 2008 that culminated in the credit crisis in 2009. In mid-March and in October 2009, AALL conducted a survey of law library directors to understand how the economic crisis was affecting the profession. What they found was that in private law libraries, 30 percent saw staff reductions, but 72 percent also had a hiring freeze in place.

The impacts of this were many. Library directors were reducing their print collections, and their staffs were taking on additional new duties, including tracking CLEs and assisting with client relationship management software. There was more attention spent on billing research time and increased involvement in research for implementing new business/strategic initiatives.

In 2010 Thomson Reuters conducted a Large Law Firm Librarians Study to better understand library directors’ roles in a changing economy. What stood out were the increased responsibilities in business development research, knowledge management, and practice area integration or specialization. Additionally, we heard librarian directors were more involved in product evaluation for solutions traditionally belonging to the IT department.

We were not only seeing a change in the structure of the work but also in law librarian reporting structure. The 2011 ALM Law Librarian Survey reviewed reporting relationships for library directors from 2008 to 2011. It showed that the percentage of law library directors who reported to a COO, director of administration or executive director fell 11 percent while their reporting relationship to a CIO or IT director increased 4 percent.

The Hildebrandt Institute anticipates that we are not out of the economic woods yet. They are advising their clients that growth will remain a challenge and the key to success is going to be balancing that capacity against the available work. Delivering high quality at a reasonable price is now table-stakes to be competitive in the business law space. Librarians are still perfectly positioned to assist in those challenges.

Change as opportunity: future librarian roles These changes have created challenges for private law librarianship, but by being innovative and nimble we are poised to create higher visibility for the library and deliver information in a more timely and efficient manner. The following three roles have been identified as increasingly needed in private law firm librarianship.

The embedded librarian The "embedded librarian" is a concept that is quickly gaining footing in private law libraries. It is a highly customized specialty with a focus on actively developing and enhancing relationships in specific practice groups.

As reported by the Three Geeks and a Law Blog, a 2012 ARC group survey found there was almost an even split between the firms that have embedded librarians and those that don’t have them. This means there is a strong opportunity to create and define this program as it works best within your specific law firm. We have heard a variety of business support models, including librarians being housed with the department they support or in decentralized locations in order to continue supporting the library, as well as the practice group. The benefits have been the creation of a stronger relationship with the practice groups and an integral membership in those teams.

Library as a knowledge center The 2011 ALM Law Librarian Survey highlighted that the library’s role in the field of knowledge management (KM) was up 42 percent since 2008. This is significant because the value of knowledge management is to make content—no matter what it is or where it resides—easier to access. Where best than the library to manage this process? KM can bring all of those disparate, hard-to-fathom sources under a single user-friendly interface.

But there is a lot of room for improvement in the KM efforts. Librarians’ increased sophistication with technology can make this process more efficient and seamless. With tools like wikis, blogs, and Microsoft SharePoint, it is no longer necessary to possess an engineering degree to build Web portals and practice group pages that bring together far- flung content. In open-ended survey questions and follow-up interviews, several library directors also pointed to enterprise search as a particularly promising new tool. This technology enables users to use a single query to search a wide range of repositories— from document management systems to the firm's intranet. As this field expands, the library brings a natural value-add to this technology. Competitive intelligence Competitive intelligence has always been an important asset that librarians have brought to their firms. When we look again to the 2011 ALM Law Librarian survey, we see that the department that was most in charge of marketing research was the library (at 52%). As to which department was primarily responsible for competitive information, the library (56%) was significantly above marketing.

This indicates that law librarians have a growing and evolving role of value to the firm in the field of competitive intelligence. Librarians are increasingly collaborating with business development teams to research and analyze information for attorneys to use in acquiring and retaining clients. While there has been some tension between the two departments, law librarians need to continue to highlight that they are key in obtaining “actionable” information, such as identifying new business opportunities, helping create strategies, and ascertaining potential threats.

Conclusion The future of private law librarians in this new economic climate is changing. They face challenges in the form of reduced staff and budgets, new duties, and different reporting structures. This new climate calls for innovation and flexibility from private law librarians to highlight their unique skills and use them in important new ways to help the firm succeed.

Heather Heen is a librarian relations manager for Thomson Reuters, serving law librarians in California, Washington, Oregon, Arizona, and Nevada. Her e-mail address is [email protected]. ==

I’m just a bill (and here’s where to find me)

On Westlaw® Classic, there’s more than one way to retrieve a congressional bill. Congressional bills and resolutions aren’t simply “extra credit” reading for law students and scholars. Instead, these documents can assist busy professionals who need to determine (or argue) the intent of Congress or predict the likely future of the law. How do you retrieve a bill with particular subject matter? On Westlaw Classic, there are several paths to the right bills, including the following: Search a database You can search for congressional bills in dozens of databases on Westlaw Classic. Some databases are topic-specific, some are historical, some are multibases containing many document types. To identify the databases available, consult the Westlaw Directory (start by clicking Directory, then browsing the Bill Tracking contents under U.S. Federal Materials). Among the many databases available to you are the following:  Arnold & Porter Legislative History: Sarbanes-Oxley Act of 2002 (SAROXLH)  Legislative History–U.S. Code, 1948 to Present (LH)  Bankruptcy Reform Act Bill Text (BKRABILLTXT)  Bills–All Fifty States and Congress–Summaries and Full Text Combined (BILLS)  Congressional Bills (CONGBILLTXT)  Congressional Bills–104th Congress to Current (CONGBILLTXTALL)  Gramm-Leach-Bliley Act Bill Text (GLBABILLTXT)  Federal Taxation–Congressional Bills (FTXBILLTXT)  U.S. Code Congressional and Administrative News (USCCAN)

Westlaw Directory (detail) Tabbed Legislative History–Federal page If you want bills from a specific stage in the legislative process—e.g., the introduced bill rather than the engrossed bill—you can narrow your search by clicking the appropriate step on the diagram on the tabbed Legislative History– Federal page.

Legislative History–Federal page

Links tab for the USCA section you are viewing When you are viewing a section of the United States Code Annotated® (USCA®), you can jump right to bill drafts without running a search. Just click Bill Drafts under Legislative History on the Links tab. Links to available bills are displayed in the right frame. To view the full text of a cited document, click the document’s hypertext link. The document is displayed in the Link Viewer. To display the document in the right frame, click Maximize on the Link Viewer. In the alternative, you can click Graphical Statutes for a version-by-version timeline of the USCA section you are viewing. This feature is especially convenient when you need drafts related to a particular version of the section. Bill Drafts link on Links tab == Westlaw Classic vs. WestlawNext®: A head(note) to head(note) comparison What do all those links around a Westlaw Classic or WestlawNext headnote do? As you’re probably aware, a headnote supplied by Thomson Reuters attorney-editors in a case retrieved on Westlaw Classic or WestlawNext is surrounded by various links. However, you might have asked yourself the following:

. What do all the links do? . How do the links in Westlaw Classic compare to those in WestlawNext?

If so, we’re glad you asked. Here’s a primer:

Westlaw Classic

KeyCite Citing References for this Headnote: This link takes you to an expandable menu of document types, from which you can link to the case’s KeyCite result limited to citing references that discuss that point of law. The link is ideal for those situations in which you find a headnote exactly on point and need to know which court cases, administrative decisions, or secondary sources have cited the case for the point of law summarized in this headnote.

Headnote number: This link allows you to jump directly from the headnote to the corresponding discussion in the opinion. West topic and key numbers: These links take you to the Custom Digest search page, from which you can run a search for cases classified under the respective topic or key number. The jurisdiction is the default jurisdiction selected in your Westlaw preferences, unless you change jurisdictions on the Custom Digest search page. Cases in your result are sorted by date.

Most Cited Cases: This link also takes you to the Custom Digest search page, from which you can run a search for cases classified under the respective topic or key number. The jurisdiction is the default jurisdiction selected in your Westlaw preferences, unless you change jurisdictions on the Custom Digest search page. Cases in your result are sorted in the order of citation frequency, starting with the case cited most often.

Headnote on Westlaw Classic

WestlawNext

[Number] Cases that cite this headnote: This link indicates how many cases cite that specific case for the point of law summarized in that headnote; it also takes you directly to the KeyCite citing cases that discuss that point of law. No other document types are shown. (To see KeyCite citing references other than cases, click the Citing References tab at the top of the case, then narrow the citing references using filters.)

Headnote number: This link allows you to jump directly from the headnote to the corresponding discussion in the opinion.

West topic and key numbers: These links take you directly to a list of cases with headnotes classified under the same point of law, sorted by date. Cases in this list are from the same jurisdiction as the case you had been viewing. To retrieve headnotes from another jurisdiction, click Change to display the Jurisdiction selector, and then select a different jurisdiction.

Headnote on WestlawNext

== “Stand your ground” laws analyzed in ALR annotation Once a legal issue hits the headlines, it’s not long before American Law Reports (ALR®) offers a legal analysis, complete with links to full-text sources.

For example, Florida’s “stand your ground” statute is at the center of George Zimmerman’s motion to dismiss his second-degree murder charges. Sign on to Westlaw or WestlawNext® and check out Construction and Application of “Make My Day” and “Stand Your Ground” Statutes, 76 A.L.R. 6th 1 (2012), which analyzes state laws that immunize persons who use deadly force in certain situations.

ALR annotation on WestlawNext (detail)

== Westlaw Classic thesaurus: Brainstorming tool

Let the Westlaw Classic thesaurus bring you the alternative terms you need for a thorough Westlaw search. Suppose you are composing a Westlaw query pertaining to the taxation of S corporations and you want to find as many synonyms and related terms as you can for the term S corporation. Where would you look? (Hint: Not Roget’s.) Instead, try this: Access a database on Westlaw Classic, type “s corporation” in the Search text box, and click Thesaurus. A list of more than 30 synonyms and related terms is displayed, ripe for cherry picking. The Westlaw Classic thesaurus provides synonyms and terms related to those you use in a Terms and Connectors query or Natural Language description. This includes a collection of thousands of tax-specific and insurance-specific words, phrases, and citations you can use as search terms. For the term depreciation, for instance, the thesaurus instantly identifies more than 80 related tax terms, including depletion, IRC 173, straightline recovery of intangibles, and Form 4562. To add related terms to your query or description, type your query or description at the Search page (place phrases in quotation marks) and click Thesaurus. Select a term in the Terms in Search list box, then select a term on the Related Terms list box, and click Add. The related term is added to your query or description, which is displayed in the Current Search box. After all, you don’t want to miss an important document just because one little term didn’t occur to you. Westlaw Classic thesaurus

Public records content on Westlaw PeopleMap Westlaw PeopleMap—the public records tool whose deep cross- referencing and smart technology gives you the highest degree of confidence—has enjoyed increased coverage in several areas, including the following:

 Expanded Nevada coverage: Now includes Nevada Experian credit header data, with over 3 million records  Real Property expansion: Includes new data in pre-foreclosure and deeds within the top 50 metropolitan statistical areas  Pre-foreclosure: Added 236 new counties and more than 200,000 new records  Deeds: Added 163 new counties and more than 2 million new records  Expanded criminal records include 250 new jurisdictions (records are combined so all charges for a defendant in each jurisdiction are in a single record)  New warrants data includes 1.2 million total records, with arrest and bench warrants  New criminal and arrest images, when available

== WestlawNext: Law clerk starter kit Here are some ways WestlawNext can get your research started quickly and painlessly. If you’re a new clerk—or just someone who’s not yet comfortable doing legal research— WestlawNext is your friend. Here are a few ways you can jump-start a legal research project and get right to the documents that are most important.

Global search, narrowing results with Am Jur® 2d and CJS® filters If you are unsure where to start, here’s a suggestion: Run a plain language search from the search box. (Don’t worry about jurisdictions, databases, or anything else yet.) You will retrieve a result page with links to probably thousands of primary and secondary sources. Then you can use the filters in the left column to focus on content from American Jurisdiction, Second Edition, and the Corpus Juris Secundum filters. Click Secondary Sources, select the American Jurisprudence, Second Edition and Corpus Juris Secundum check boxes under Other Publications, and click Apply Filters. Each of these resources summarizes the major concepts and holdings within an aspect of the law and provides citations to leading authorities and research references. In addition, when you search these materials on Westlaw, you can jump directly to-and from-a wide variety of primary and secondary sources via hypertext links.

ALR analysis of a relevant case or statute Once you identify a case or statute that pertains to your issue (whether you retrieved it in a global search or saw it cited in a secondary source), see if American Law Reports (ALR) has done an annotation on it. ALR contains thousands of annotations that analyze federal cases and statutes. In addition, the annotation contains many citations to related cases, statutes, treatises, and other sources. Like many databases on Westlaw Classic and WestlawNext, ALR provides links for easy viewing of cited documents. To retrieve ALR analysis for case or statute, click the Citing References tab; then click Secondary Sources in the left column and use an ALR filter to narrow the secondary sources result. For a statute, you also have the option of hovering your pointer over the Context & Analysis tab and clicking ALR Library. Link to ALR annotations on Context & Analysis tab Browsing by topic To browse primary and secondary sources on a topic, you might not even need to run a search at all. Click the Topics tab on the home page, then click the topic that most closely applies to your issue. A topical content page is displayed, from which you can follow links to a variety of publications and content types. You can browse many of these publications (e.g., statutory codes and treatises) by clicking their titles and then their headings in their respective tables of contents.

Using Favorites Are there practice areas, publications, statute titles, regulatory chapters, West topic and key numbers, courts, or other items you tend to search often? Then add them to the Favorites section on your home page. Once items are added to the Favorites section, you can use check boxes and the Favorites search box to search them directly. To add one of these items as a favorite, browse to the applicable content page, publication, publication portion (e.g., chapter or subchapter), portion of the West Key Number System, or content category (e.g., Environmental Law Cases). Click the star or Add to Favorites at the top of the page. You are then given the option of saving it to a Favorites group or creating a new Favorites group to help organize your Favorites section.

Free help is available! If you need ... Then a password contact your organization’s Westlaw administrator. access to Westlaw Classic or WestlawNext contact your organization’s Westlaw administrator if you can’t access Westlaw Classic or WestlawNext from the computer you use. answers to general questions about call West Customer Technical Support at 1- Westlaw Classic or WestlawNext 800-WESTLAW (1-800-937-8529). assistance with Westlaw Classic or call the West Reference Attorneys at WestlawNext research 1-800-REF-ATTY (1-800-733-2889).

== KeyCite® on WestlawNext: It’s easy here, too! You'd expect KeyCite to have a prominent place in WestlawNext. And you'd be right. Among the first things you'll notice when you try out WestlawNext are some time- saving enhancements to KeyCite, including the following:

Quick access to KeyCite history from case or statute When you’re viewing a case, statute, regulation, or law review article on WestlawNext, current KeyCite history is available on the History tab. (For a statute or regulation, hover your pointer over the History tab and click Validity; for a case, click the History or Negative Treatment tab.) For a current display of citing references you can filter as you see fit, click the Citing References tab. History tab on displayed USCA section Citing References display

Quick access to KeyCite history from search box If you know a document’s citation, you can quickly display the KeyCite negative direct history or negative citing references for it: Simply type kc or keycite followed by the citation in the text box at the top of any WestlawNext page, e.g., you can type kc 378 fsupp2d 1249. Then click Search. To view the full-text document, related court filings, and additional history and citing references, click the appropriate tab at the top of the KeyCite result.

== WestlawNext: Your source for expert witness profiles Q: Can I use WestlawNext to identify accident reconstruction experts in my home state of Florida?

A: Yes. WestlawNext gives you several ways to retrieve expert witness profiles from a specific subject area in any jurisdiction, including the following:

. Run a search from the search box: Select a jurisdiction and type a description of the subject matter in the search box, e.g., accident reconstruction. Then use the Expert Profiles (under Expert Materials) and Jurisdiction filters to narrow your results.

. Run an advanced search from the Expert Profiles category page: Click Expert Materials on the All Content tab, then click Profiles on the next page that is displayed. Use the Advanced Search template to specify the state and area of expertise (there are several options within the Accident & Injury category).

. Retrieve a deposition, jury verdict, court filing or other document related to the subject matter within the jurisdiction and click expert names when you see them.

Expert witness profiles have long been available in WestlawNext. Now, these documents are native to WestlawNext, e.g., document views and searches now appear in your WestlawNext history.

To retrieve references for an expert, click the References tab above his or her expert witness profile. Expert witness profile on WestlawNext ==

WestlawNext: Legislative history in one fell swoop Q: I’m doing legislative history research on sec. 1001.055 of the Texas Education Code, and I want to retrieve all versions of this statute that have been in effect since 2005. I browsed to the Texas Statutes & Court Rules page, where I clicked Texas Statutes Annotated–Historical. A page of links to individual years was displayed, but it didn’t look like I could search more than one year at a time. How many searches do I need to run?

A: Just one: Type fi: tx educ 1001.055 in the search box and click Search to find the section. From the displayed statute, hover over the History tab and click Versions on the menu. The versions of the statute are listed in reverse chronological order.

If you also want bill drafts, committee reports, and other legislative history materials for each version, hover over the History tab and click Graphical Statute on the menu. Select the check box for each version for which you want legislative history material; a list of available documents is displayed for each section you selected.

The historical versions feature was recently expanded. Jurisdictions with this feature now include USCA and CFR, as well as AR, CA, CT, DE, FL, IL, MA, NV, NJ, NY, OH, PA, and TX statutes. Watch for additional jurisdictions to be added through 2013. Historical versions feature on WestlawNext

== OUR NEWEST USER GUIDES

Cost-Effective Research Tips on WestlawNext (published September 2012) This quick reference guide provides 12 cost-effective research tips to help make your WestlawNext research session more efficient.

Managing and Deleting Court Feeds and Newsletters on Westlaw Court Wire (published September 2012) This quick reference guide shows you how to manage and delete court feeds and newsletters on Westlaw Court Wire.

West Key Number System (published August 2012) This quick reference piece lists West digest topics and their numerical designations and shows how to search using topic and key numbers.

WestlawNext: Searching with Topic and Key Numbers (published August 2012) This quick reference piece explains how to use topic and key numbers to retrieve cases and also how to use the West Key Number Digest to find topic and key numbers related to an issue.

Using Westlaw Court Wire (published September 2012) This quick reference guide shows you how to track issues or parties, monitor industries, or find and distribute information about new court filings with Westlaw Court Wire, including how to create daily e- mail newsletters that report your court feeds to designated recipients in your office.