VIP Report: Product Review of Thomson Reuters’ WestlawNext

Report

Product Review of Thomson Reuters’ WestlawNext

In-depth, independent review of the product, plus links to related resources

“Thomson Reuters is a leading provider of information for businesses and professionals. The company offers a number of solutions for the financial, legal, tax, accounting, science and healthcare fields. It is based in New York, has offices in London and Eagan, Minnesota and employs about 50,000 people worldwide.“

August 2011

VIP Volume: Reports on Products Contents

Product Review of Thomson Reuters’ WestlawNext 4

In-depth review of product by experienced researcher, including screenshots and commentary Introducing Thomson Reuters’ WestlawNext 4 VIP’s View 4 Sources of information 4 Audience 4 Coverage and content 4 Screenshot Figure 1: Home Screen with Search Box 7 Search options 7 Screenshot Figure 2: Sample Search with Terms highlighted 8 Screenshot Figure 3: Advanced search screen 9 Screenshot Figure 4: Sample Search using natural language and limiting to jurisdiction 9 Search results and output options 10 Screenshot Figure 5: “Did You Mean?” screen 10 User interface 11 Special software functionality 11 Screenshot Figure 6: Sample Screen showing Expert Materials - By Type and By Jurisdiction 11 Printing, downloading and exporting 12 Alerts 12 Timeliness 12 Help and user support 12 Pricing 12 Conclusion 13 Contact details 13

Web Resources 14

Web-based resources relating to company

About the Reviewer 15

Biographical notes about the product reviewer

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Report

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Disclaimer

Product Review of Thomson Reuters’ WestlawNext (ISBN 978-1-907594-82-3) is a This report was published by VIP in August 2011 and was VIP Report published by Free Pint Limited. accurate as of that date. Reprinted with the permission of Free Pint Ltd. The opinions, advice, products and services offered herein are the sole responsibility All other rights reserved. of the contributors. Whilst all reasonable care has been taken to ensure the accuracy of For more information, visit the publication, the publishers cannot accept responsibility for any errors or omissions. http://customers.westlawnext.com/ Phone: 1-800-328-0109 Except as covered by subscriber or purchaser license agreement, this publication MAY NOT be copied and/or distributed without the prior written agreement of the publishers. Product names used in this report are for identification purposes only, and may be trademarks of their respective owners. Free Pint Limited disclaims any and all rights in those marks. All rights reserved.

This version of the report was published in August 2011 and was accurate as of that date.

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^ Back to Contents | www.vivaVIP.com - 3 - © Free Pint Limited 2011 Product Review of Thomson Reuters’ WestlawNext By Leah Pellegrino Introducing Thomson Reuters’ WestlawNext Thomson Reuters is a leading provider of information for businesses and professionals. The company offers a number of solutions for the financial, legal, tax, accounting, science and healthcare fields. It is based in New York, has offices in London and Eagan, Minnesota and employs about 50,000 people worldwide.

WestlawNext is a new search interface and legal research system that was launched at LegalTech New York in February 2010. The product is produced by West, a division of Thomson Reuters. According to a press release provided by Thomson Reuters, the product took five years to develop and was developed with extensive customer input. The system is powered by the WestSearch search engine and provides access to primary and secondary sources, including statutes, annotated cases, regulations, forms Leah Pellegrino digests and encyclopedias. Content includes federal and state jurisdictions. View Author Biography WestlawNext includes features such as a new search engine, relevancy ranking of results, organising results in folders for later viewing, adding personal notes and the “WestlawNext is a new option to rank results by relevancy or by date. search interface and legal research system that was The company claims more than 24,000 subscribers including the top 50 American launched at LegalTech New Lawyer firms and Fortune 100 corporations. York in February 2010.” For this review, WestlawNext was tested using Firefox version 3.6.8 for Mac.

WestlawNext: VIP’s View

ü Easy to use, simple interface ü Research and technical support available 24/7, 365 days a year ü Variety of search options and reporting capabilities û Navigating back to the home screen is not always obvious, ü Ability to share folders, documents and collaborate particularly in the Tools tab. It would be helpful to have a link with others back to the home screen from every page.

Sources of information “WestlawNext includes Much of the content in WestlawNext is produced by Thomson Reuters/West, a major features such as a new publisher of case reporters, digests and annotated codes. Additional key content search engine, relevancy partners are Reuters News and American Bar Association (ABA) Publications. ranking of results, organising results in folders Audience for later viewing, adding personal notes and the As of June 2011, Thomson Reuters reports having more than 24,000 subscribers option to rank results by to WestlawNext. These include 37% of American Lawyer 100 law firms and 35% of relevancy or by date.” Fortune 100 corporations.

Coverage and content WestlawNext offers information organised into different tabs. Within each tab, you can specify whether you want to search all the content or specific content by choosing the appropriate radio button.

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All content:

Statutes and Court Rules This section includes Statutes and Court Rules including Federal (the USCA, US Constitution and various Federal Rules), State and topical. Regulations Includes access to the complete Code of Federal Regulations (CFR), access to State regulations and access by topic. Administrative Decisions Includes access to all Federal administrative decisions and guidance documents from the & Guidance Department of Justice, Department of Labor, Environmental Protection Agency, Internal Revenue Service and the Securities & Exchange Commission. This section also provides access to State administrative decisions, and allows you to search by topic as well.

Trial Court Orders Covers State trial court orders, and also allows for access by topic. Secondary Sources These include American Law Reports (ALR), Texts & Treatises (such as American Jurisprudence, Corpus Juris Secondum and Uniform Laws Annotated), Law Reviews & Journals, Restatements & Principles of the Law, State Surveys, CLE & Seminar Materials from the ABA and others, Legal newspapers, jury instructions (including federal and state) and KeyRules (pleadings, motions, oppositions, replies, requests and notices and applications) for Federal Courts and 16 State Courts. Forms Includes access to a variety of forms (such as forms for pleadings, motions, protective orders, etc.). Within this section they are broken down by State, Topic and Publication (for example, Am. Jur. Legal Forms 2d, Federal Procedure Forms, etc.).

Briefs Includes US Supreme Court briefs, joint appendices, and petitions for Writ of Certiorari, and briefs from the US Court of Appeals and the US Tax Court. State court briefs are also included, as is access to briefs by topic. Pleadings, Motions & Covers Federal Circuit Courts and State Courts. Trial also allows for access by topic. Memoranda Expert Materials Includes depositions, questions & answers, reports & affidavits, and trial transcripts. These can be accesses by type of document, or by jurisdiction. Jury Verdicts & Settlements Covers US Circuit Courts and State Courts. The user can also browse by topic.

Proposed & Enacted Covers proposed and enacted legislation at the Federal and State level. Topical access is Legislation also provided. Proposed & Adopted Covers proposed and enacted regulations from the Federal Register and by State. Topical Regulations access is also provided. Dockets The user can search Federal and State Dockets, as well as by topic. News Includes access to Thomson Reuters News products (such as Business Law Currents, Reuters Breakingviews, etc.) as well as access to legal newspapers, blogs, journals and transcripts. The user can search US news by state, International news, and news by topic and industry.

At the time of this review, all Westlaw content was available via the WestlawNext interface, either directly or via a gateway. The exception is public records, where the user is taken out of the WestlawNext interface to access that content.

The next three tabs on the main search screen break down the content listed above into narrower categories – Federal Materials, State Materials, and Topics (areas of the law). These allow the user to narrow their search to just specific federal materials (such as the CFR or federal cases) or to specify a specific state they are interested in, without having to search the entire database.

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“...all Westlaw content was available via the WestlawNext interface, either directly or via a gateway. The exception is public records, where the user is taken out of the WestlawNext interface to access that content.”

The tabbed format presents the content in a more logical fashion and makes it easier to identify and navigate through the different areas. This is a time-saving feature that helps bring more focus to the research at hand.

The fourth and last tab is “Tools” and includes the following:

West Key Number System Allows the user to use West’s key number indexing system for case law. Information buttons next to each index term give the user a brief snapshot of what subjects the index term covers, and which subjects are excluded and covered by other index terms. Hyperlinks allow the user to drill down into the index and search for documents. General Counsel Resources A selection of resources geared towards corporate legal professionals, such as Federal and State cases, regulations, administrative decisions & guidance, briefs, trial court orders and links to secondary sources. Subscriber pricing guide Shows the per minute, transactional, document and line fees charged depending on the type of document viewed.

The following tools are also available via the WestlawNext Tools tab. When selected, the user’s WestlawNext session is paused and a new browser window is in opened in Westlaw.com:

50 State Survey Builder Users can use this tool via Westlaw.com to create a customised survey of federal and state laws and regulations for a specific topic. Alert Center Create current awareness searches on specific topics that will automatically run and alert the user to new documents related to the topic.

Arbitration Awards & A collection of domestic and international arbitration materials, including awards, rules, Materials arbitrator profiles, directories and analytical sources.

Capitol Watch Users can identify and monitor bills and regulations that are of interest.

Case Evaluator Users can compile verdict trends, verdict excerpts, court documents and medical and expert information into a single report. Court Wire Allows tracking of new civil cases being filed in select federal and state courts, as well as options to create emails and RSS feeds to monitor complaints.

Expert Center Users can search all expert materials available on Westlaw in one place.

Medical Litigator Provides the capability to search medical journals, guides, abstracts and legal resources.

PeopleMap An interactive graphical and smart-linking tool that allows users to discover links between people and assets or other public records. Profiler Users can research the professional experience of key attorneys, judges and expert witnesses. Alerts can also be set up. Links to the person’s cases, jury verdicts, depositions, briefs and journal articles are provided.

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Fig. 1: Home Screen with Search Box

Search options “WestSearch also learns from usage patterns established by professional WestlawNext researchers to retrieve Basic search: this is powered by WestSearch, a new comprehensive results with the most relevant documents algorithm that integrates West’s research tools, such listed at the top of the results page.” Keycite, West’s Key Number System, ResultsPlus and West’s Secondary Sources (such as treatises, legal encyclopedias and practice guides). West’s annotated Browsing is also available by clicking on one of the five case law, statutes and links to related documents are also tabs on the main page, just below the search box – “All included. WestSearch also learns from usage patterns Content”, “Federal Materials”, “State Materials”, “Topics” or established by professional WestlawNext researchers to “Tools”. Clicking on the hyperlinks provided in each of the retrieve comprehensive results with the most relevant tabs allows the user to navigate further down into the documents listed at the top of the results page. collection. For example, by clicking the Expert Materials link in the “All Content Tab”, you then choose by type of Once logged in, an opening home screen appears where material (example depositions) or by Jurisdiction (for users can enter search terms, citations, or even the names example District of Columbia). Depending on the type of of different databases within Westlaw. The opening or material being sought, the user is presented with a search home screen is free of clutter and easy to navigate. screen to enter terms, or a list of the ten most recent documents. Queries can be entered using Boolean operators, or as plain language, as well as in the form of a question. An example search using the Basic Search screen and Using the drop-down menu to the right of the search typing the question “Are ex-offenders eligible for public box allows for limiting searches to All Federal, All State, housing benefits?”, and limiting the search to just the or choosing up to three jurisdictions (three states or District of Columbia produces a list of documents three federal courts) from the menu. When the search is including cases, statutes, regulations, administrative executed, WestSearch searches across all content types decisions & guidance, trial court orders, secondary (including primary and secondary sources). sources and so on. Search terms such as “public housing”, “eligible” and “ex-offenders” (or “offenders” are highlighted If searching within states, an option to include related in yellow. Cases and statutes provide access to West federal courts is available, if that is desired. The Basic headnotes and the key numbers. search box allows the user flexibility in typing in terms, questions, citations, even the names of individual “The Basic search box allows the user flexibility in typing in Westlaw databases, if they are known. terms, questions, citations, even the names of individual Westlaw databases, if they are known.”

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Fig. 2: Sample Search with Terms highlighted

“Cases are also marked using the West Key Cite system to alert the user of the case being used is still good law (red By clicking on the hyperlinked key number entries, meaning the case has been negatively impacted, yellow users can drill down and find other cases indexed to that meaning somewhat negatively impacted.)” topic in the West Key Number System. Cases are also marked using the West Key Cite system to alert the user Each term or concept is assigned a distinct key number: of the case being used is still good law (red meaning the case has been negatively impacted, yellow meaning Environmental Law somewhat negatively impacted.) VIP recommends that 11 Land Use and Conservation users who are not familiar with how Boolean searching 31 In general works use the basic search option. 32 Power to regulate

Searches can also easily be refined in the search box to Depending on the jurisdictions you selected at the very fine-tune the results (for example adding “adult” into beginning of your search, documents with that key term the search box if a user is not interested in juvenile ex- assigned to them can be retrieved if they are available. offenders. WestlawNext also has a nice “Did you mean” feature to handle misspellings (for example, typing “felins” The browsing and search bar screens are effective ways to prompts the question “Did you mean felons?”). This is use the service, particularly for those who may not have a feature users are expecting to see more and more in an exact idea of what they are looking for and allows for search interfaces. users to search a wide variety of content efficiently.

Users can also browse and search using West’s Key Advanced search: WestlawNext also offers an advanced Number system, an index developed by West to supply search feature with an “advanced” link located next to the index terms to documents. Key Numbers are very similar orange search button on the home screen. This screen to other indexes, with the broadest term at the top, and is similar to that used to search the standard version of narrower terms and concepts below it. For example, Westlaw and allows for Boolean operators, connectors clicking on “Environmental Law” in the Key Number and expanders – the traditional way of searching Westlaw. index opens up the index under that main term, broken These connectors and expanders allow the searcher to down into sections such as “In General”, “Land Use and find terms within a certain distance of each other (for Conservation” and so forth. Under those Sections are example, “ex-offender” within two words of “benefits”), even narrower concepts. within the same sentence or paragraph, preceding within a sentence and so forth. Root expanders allow for truncation (picking up variations of word endings).

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Advanced search also allows you to search by typing in an exact phrase, as well as exclude documents with certain terms. Searching by date, citation and name/title fields within a document is also offered, although these must be searched using Boolean terms and connectors.

Advanced search is a powerful search tool which can really fine-tune your results, but it can be intimidating to users without much training or experience in how to use it effectively.

“Advanced search is a powerful search tool which can really fine- tune your results, but it can be intimidating to users without much training or experience in how to use it effectively.”

Fig. 3: Advanced search screen

Topic searching: this is also available by clicking on the Topic tab on the home screen. Topics are broken down into different areas of the law (Antitrust, Criminal Law, Environmental Law and so forth). Clicking on one of the area hyperlinks brings you to another screen showing resources that are available for that topic.

Fig. 4: Sample Search using natural language and limiting to jurisdiction

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For example, when you click on “Health Law”, the next “...while only two cases may be highlighted along with the screen provides links for Health Law Cases, Health Law number one document for each of the other content types, Statutes and Court Rules, Health Law Regulations, and the user has the option to view all the other cases that others. Clicking on “Health Law Regulations” provides were retrieved.” links to relevant titles, subtitles of the Code of Federal Regulations, or relevant titles in state regulations. For users just starting to research a topic, this would be WestlawNext also automatically saves research history handy place to start to get an idea of what is available for one year, including all document views and searches. and how to perhaps narrow the search. The research history can be accessed from any page by clicking on the “History” link that appears at the top. Users Search results and output options can access their most recently viewed documents by clicking on the drop-down arrow button which appears Search results are ranked by relevancy and presented next to the History link. Searching within History is also in an overview list of the most relevant documents. The available. This is a useful way to pick up your research view menu on the left-hand side of the screen allows where you left off during a previous session. you to choose other documents that were retrieved, but may not have made it into the overview list. Next Users can also select different documents and save to each category on the overview list is a link to view all them to a folder using a folder icon on the right-hand the other documents that were retrieved. So, while only side of the screen. Folders can be labelled so that two cases may be highlighted along with the number documents dealing with different topics can be placed in one document for each of the other content types, the corresponding files. This is a handy feature which allows user has the option to view all the other cases that were for the organisation of results, and makes it easy to go retrieved. back and look at those results again or keep them for future reference. Within the search results screen, there is an option to set defaults for how the results are displayed. By clicking on the Set Default link, a list of content types is displayed and these can be dragged and dropped in a different “This is a handy feature which allows for the organisation order as desired. of results, and makes it easy to go back and look at those results again or keep them for future reference.”

Fig. 5: “Did You Mean?” screen

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The folders can also be shared with others within the left off from the last session. Alternatively, clicking the organisation. You can choose the level of access that a Continue button starts a new session. person or group has to a specific folder by clicking on the folder you want to share, choosing “Share” from the The Edit homepage link allows for some customisation, Options menu that appears, adding the names of people such as whether or not favourite quick links or folders with whom you want to share the folder. Then choose of saved documents are displayed on the homepage. their role and press “Share.” Roles that can be assigned More options are available via the Preferences link, where are: selections for time zone, billing for session (transactional or hourly), billing for deliveries (by document vs. by line), ƒƒ Owner – this person can add/delete others, set display of search results (ranked vs. by date), delivery permissions for others who are sharing the folder, add (format, placement of footnotes) and citation format can or remove documents, view documents and notes be set. that others have added. ƒƒ Contributor – can add subfolders, add documents At times, it can be somewhat difficult for the novice user and notes, view the documents and notes others to find the help button or how to navigate back to the have added. home screen (a “home” link is not always provided on ƒƒ Reviewer – is allowed to view the documents and every screen and you have to click on the WestlawNext notes others have added. logo to get back home). However, once you learn the general layout of the product, it is pretty easy to figure Sharing folders is a nice added feature that allows for these things out. people to work in teams and collaborate on research and projects. Special software functionality WestlawNext is also available as a mobile client for a User interface variety of devices (such as Blackberry®, iPhone®, Palm®, The WestlawNext user interface is clear and easy to and Android™-enabled smartphones) and as an iPad navigate. After logging on, a client ID can be assigned app. The company notes that it is the only legal research for a particular session, or a user can return to a previous platform that synchronises research across all devices (PC, client ID and continue searching. This is a handy feature mobile, iPad). for billing purposes and is also available in Westlaw. Any recent research results from the last session are also “The Edit homepage link allows for some customisation, provided which allows an easy way to pick up where you such as whether or not favourite quick links or folders of saved documents are displayed on the homepage.”

Fig. 6: Sample Screen showing Expert Materials - By Type and By Jurisdiction

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Printing, downloading and exporting “The company notes that it is the only legal research platform that synchronises research across all devices A number of options for printing and downloading are (PC, mobile, iPad).” available. By clicking on the drop-down menu next to the envelope icon (on the right-hand side of the results screen), users can email, print or download either a list of Alerts are set up via the Tools tab. As mentioned above, documents or actual documents they have selected, as when setting up an alert, the WestlawNext session is well as select the format in which they wish to receive the suspended and a new browser window is opened. At documents. RTF, Word, PDF and WordPerfect formats are the Alert Center, easy-to follow wizards guide the user available. Options are also available to: in setting up the alert. The process is seamless and straightforward. This is a nice feature, which is very handy ƒƒ include footnotes at the end of the document or when users wish to set up alerts quickly and easily. inline ƒƒ include term highlighting, original image links, Timeliness an expanded margin for notes, West Headnotes (including the full Key Number hierarchy) and a Most content is updated on a daily basis. Some content, cover page such as US Supreme Court opinions are available about ƒƒ display links in blue or black 30 minutes after their release. ƒƒ choose normal or large font size. Help and user support Content to be appended, such as Key Cite lists and A link to online help is provided on every screen within other related information, are also available. The ability WestlawNext. The help link goes to the WestlawNext Help to download documents to a Kindle is also provided. Center, which provides links to tutorials, a PDF guide to Documents selected from the results list, or Selected the major features of WestlawNext and more detailed documents, or the first five, ten or all documents documentation (for example “searching with Boolean retrieved can be downloaded to a Kindle. Other terms and connectors). options for the Kindle are: ƒƒ include footnotes at the end of the document or Telephone and email contact information for research inline help, technical support and customer support are also provided. Research help and technical support are ƒƒ include original image links, West Headnotes available 24 hours a day, 365 days a year, while customer (including the full Key Number hierarchy) and a cover service is available Monday-Friday 7am to 8pm Central page Time. All charges are suspended while accessing the Help ƒƒ display links in blue or black Center. ƒƒ choose normal or large font size. Pricing Alerts A variety of subscription options are available for large and small law firms, state government and federal WestlawNext offers a few different options for setting up government customers. Different content packages alerts. Users can set up KeyCite alerts while viewing a can be purchased. In addition, fees for per minute, case so they are alerted anytime there is a change transactional, document and line are charged depending regarding that case. This is done by clicking on the bell on the type of document viewed. icon that appears on the toolbar above the case. The WestlawNext search session is suspended and a new browser window is opened. Users are guided through a “This alert can be used to track federal and state legislation, wizard to set up the alert. read court decisions as soon as they are available on Westlaw, and keep current in a specific practice area or WestClip alerts run searches automatically on a daily, legal issue.” weekly, biweekly or monthly basis. This alert can be used to track federal and state legislation, read court decisions "In addition, fees for per minute, transactional, document as soon as they are available on Westlaw, and keep and line are charged depending on the type of document current in a specific practice area or legal issue. viewed.”

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Conclusion Westlaw is a leading legal research tool with a vast amount of content. It is the standard product in use by law firms, government agencies and law schools in the US and worldwide. The strength of WestlawNext is its user friendliness. The search screens are logically laid out and easy to navigate. The natural language searching provides an improved browsing and searching experience, particularly for those researchers who may not be as comfortable using advanced search options like Boolean operators and connectors.

WestlawNext is a useful tool for navigating through large amounts of material and finding relevant materials more readily. Users of online resources expect more of a search engine / “Google-like” search experience. They want to be able to use natural language terms, or simply type in a question, and get relevant results quickly. WestlawNext provides researchers with a way to find answers, as well as the context of the issue being researched. Pulling together primary and secondary sources in one search makes this type of research a richer experience. Legal professionals and information professionals alike will find this a useful tool.

Contact details West Headquarters: “The strength of WestlawNext is its user friendliness.” 610 Opperman Drive Eagan, MN 55123 “WestlawNext provides researchers with a way to find answers, as well as the Telephone: 1-800-344-5008 context of the issue being researched. Pulling together primary and secondary sources in one search makes this type of research a richer experience.” Headquarters: Thomson Reuters 3 Times Square New York, NY 10036 Telephone: +1-646-223-4000 Website: http://west.thomson.com/westlawnext

This report was published by VIP in August 2011 and was accurate as of that date. Reprinted with the permission of Free Pint Ltd. All other rights reserved.

For more information, visit http://customers.westlawnext.com/ Phone: 1-800-328-0109

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Leah Pellegrino is a professional librarian currently working in an academic library. She specialises in organising and providing access to content from a variety of print and electronic resources. Leah recently completed a graduate certificate in Paralegal Studies from the George Washington University and has a keen interest in legal research and resources. She is currently a member of the American Library Association, the Law Librarian’s Society of Washington, DC, and the National Capital Area Paralegal Association.

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