Hitting the Mark? AALL Legal Research Competencies: from Classroom to Practice Gail A

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3-2016 Hitting the Mark? AALL Legal Research Competencies: From Classroom to Practice Gail A. Partin

Sally H. Wise

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Recommended Citation Gail A. Partin and Sally H. Wise, Hitting the Mark? AALL Legal Research Competencies: From Classroom to Practice, Vol. 20 Iss. 4 AALL Spectrum 12 (2016).

This Article is brought to you for free and open access by the Faculty Scholarship at Dickinson Law IDEAS. It has been accepted for inclusion in Faculty Journal Articles by an authorized administrator of Dickinson Law IDEAS. For more information, please contact [email protected]. HITTING THE MARK?

AALL LEGAL RESEARCH COMPETENCIES: FROM CLASSROOM TO PRACTICE BY GAIL A. PARTIN AND SALLY H. WISE

12 AALL SPECTRUM | WWW.AALLNET.ORG The American Association of Law Profession, the Carnegie Report Libraries (AALL)—through the sup- from the Carnegie Foundation for the port, expertise, and leadership of its Advancement of Teaching, the “Boulder members—has played a leading role in Statement on Legal Research Educa- advocating for legal research standards tion” from the Boulder Conference, and and addressing the need for articulated finally the Report of the Outcome Mea- competencies. The first of three AALL sures Committee from the ABA Section task forces assembled to create and of Legal Education and Admissions to promote legal research competencies the Bar have all called for improvements was appointed in 2010. AALL has not in legal research abilities and for con- been alone in its understanding of the crete measures of competency. Individu- need for legal research standards. The al librarians and legal research programs MacCrate Report from the ABA Task have also annunciated competencies Force on Law Schools and the required in their courses or programs.

At its July 2013 meeting, the AALL ThePrinciples , which are broad state- that demonstrate knowledge and skills Executive Board approved Principles ments of foundational, enduring values and provide concrete measures or and Standards for Legal Research related to skilled legal research, are: indicators of successful achievement Competency (PSLRC) and its accom- of the abilities required to meet the panying webpages. The drafting I. A successful legal researcher standards. There are 5 principles, 17 committees drew on members’ deep possesses foundational knowledge standards, and 54 competencies. involvement in legal research within of the legal system and legal academia, law firms, the courts, gov- information sources. Implementing in Curriculums ernment, and other related settings as II. A successful legal researcher While the PSLRC provides 54 research well as scholarly literature indicating gathers information through effective competencies that can be applied to all that research competency directly and efficient research strategies. stages of a law student’s and lawyer’s impacts professional efficiency and career, the University of Florida Law effectiveness. The PSLRC provides III. A successful legal researcher Library developed nine core research detailed definitions of research compe- critically evaluates information. competencies for their first-year legal tencies that can be applied to all stages IV. A successful legal researcher research course. These competencies of a law student’s and a lawyer’s career. applies information effectively to Four critical areas emerge for the appli- resolve a specific issue or need. cation or integration of research com- AALL2go EXTRA Watch the “Creative petency standards: learning outcomes, V. A successful legal researcher distinguishes between ethical and Assessment: Connecting Legal Research formal instruction, assessment and Training and Instruction to Results” unethical uses of information, and audits, and performance evaluation. program at bit.ly/AALL15Assessment. understands the legal issues associated with the discovery, use, AALL 2016 ALERT Defining Proficiency or application of information. Don’t miss Barbara Gabor, Catherine What are AALL’s Principles and Lemann, and Gail Partin’s session “Research Competencies: From Standards for Legal Research The Standards provide a set of more Classroom to Practice,” Sunday, Competency and how can law firms, specific applications of those norms or July 17 from 2:30 p.m.–3:30 p.m. law schools, the courts, government, habits that demonstrate one’s commit- For more information visit and other related settings use them to ment to and attainment of the princi- bit.ly/AALL16Competencies.

Image © iStock.com/seraff. Image improve research proficiency? ples. The Competencies are activities

MARCH/APRIL 2016 | AALL SPECTRUM 13 knowledge of legal information finding ¡¡Understand the importance of using tools and methods (e.g., terms and secondary resources for initial research. connector searching, natural language ¡¡Understand options to get up to speed searching, indexes, annotations, and on a new area of law or subject. legal classification systems such as head- ¡¡Be able to differentiate between stat- notes), as well as the ability to identify utory and regulatory documents and their strengths and weaknesses. issues. Law firms are also designing core competencies for multiple purposes. ¡¡Know how to use Public Access to Court According to Deborah Epstein Henry’s Electronic Records (PACER), Navigator/ 2010 book Law & Reorder: Legal Lex Machina, Research Institute of Industry Solutions for Restructure, America (RIA), Commerce Clearing Retention, Promotion & Work/Life House (CCH), and Kluwer Arbitration Balance, published by the ABA, (and other platforms based on practice “firms are moving away from lockstep requirements). compensation and evaluation systems ¡¡Be able to work with library/research toward merit-based systems of compe- staff to address issues of cost con- tencies and levels.” straints and outside counsel guidelines. Typical practice competencies ¡¡Understand the value of alerts might encompass a scaffolded frame- (news/case alerts, 360 publications, work similar to the following, begin- Bloomberg BNA, rich site summary ning with the new associate level: [RSS] feeds) in tracking issues relevant The PSLRC are as equally to clients and matters. One Month Competencies relevant to practice environments ¡¡Understand the basic issues involved in ¡Have a basic understanding of as they are to law schools. ¡ federal/state legislative and regulatory Bloomberg, LexisNexis and Westlaw research, including availability of print They facilitate curriculum/ contract pricing. competency planning across or online resources. ¡¡Understand what library/research staff the educational spectrum. can do to assist associates in research Assessing Outcomes projects. The first step in delivering instruc- ¡¡Be aware of the issues presented and tion is to identify the desired learning need for confidentiality in contacting outcomes—for example, the skills and are: (1) demonstrate the ability to outside agencies or vendors to assist in knowledge that participants should interpret contemporary legal citations research needs. take away from a specific law school (the ability to identify a citation and its course, three years in law school, jurisdiction); (2) given a legal citation Three to Six Month Competencies practice-specific training, and the to contemporary U.S. statutes and case overall training curriculum in the law, demonstrate the ability to find ¡¡Be aware of the authoritative sources in law firm environment. The PSLRC the full text of the case or statute; (3) his/her practice area. provides a ready-made checklist of given a statute, demonstrate the ability ¡¡Understand when to use web resources knowledge and skills. Applying these to use annotated statutes to find cases and when to turn to fee/vetted/trusted guidelines does not necessarily require interpreting the statute; (4) given a case, legal sources. a complete revision of the research demonstrate the ability to determine ¡¡Understand basic case/statute/patent instruction curriculum. A comparison whether a holding in a specific case is finding using case-pulling widgets. with the standards and competen- still good law; (5) given a legal topic, cies already taught will likely reveal demonstrate the ability to identify ¡¡Understand KeyCite and Shepard’s. that many competencies are already secondary sources that would prove ¡¡Set up relevant/necessary access to included. Likewise, such a compari- valuable in researching the topic; (6) appropriate mobile research apps. son can quickly uncover critical gaps using the topic and key number and ¡¡Be aware of issues/concerns with using in competencies that could easily be headnote systems, demonstrate the outside vendors. integrated into a program or course. ability to search for a case in a specific The PSLRC are as equally relevant to jurisdiction; (7) demonstrate the ability practice environments as they are to One Year Competencies to create a research plan; (8) demon- law schools. They facilitate curriculum/ strate the ability to find dockets, briefs, ¡¡Understand the basic issues of cost competency planning across the edu- complaints, etc.; and (9) demonstrate control. cational spectrum.

14 AALL SPECTRUM | WWW.AALLNET.ORG Law schools are required by ABA Standard 302 to establish learning outcomes for the program of legal education. One of the learning outcomes that a law school must establish is com- EXAMPLE petency in legal research. Standard 314 Legal Research Principle with Accompanying also requires that a law school utilize both formative and summative assess- Standards and Competencies ment methods in its curriculum to PRINCIPLE III: A SUCCESSFUL LEGAL RESEARCHER CRITICALLY measure and improve student learning EVALUATES INFORMATION and to provide meaningful feedback. Standard 315 requires law schools to STANDARDS: conduct ongoing evaluation of their A. An information-literate legal professional knows that information quality varies. program of legal education and to COMPETENCIES: make appropriate changes to improve the curriculum. a. Consistently applies criteria to evaluate the reliability of information, including but not limited to authority, credibility, currency, and authenticity. Many schools have already estab- b. Understands that these criteria are relevant for both print and online, and legal lished learning outcomes and pub- and non-legal, sources. lished them on their websites. For example, the University of Dayton B. An information-literate legal professional evaluates legal information through cost-benefit analyses. School of Law’s fifth learning outcome is that “graduates will research effec- COMPETENCIES: tively and efficiently.” According to a. Understands that there are costs associated with legal research, regardless of their document, “learning outcomes type, publisher, or format. identify the knowledge, skills, and val- b. Demonstrates cognizance of the intersection of cost and efficiency in the selec- ues the law school desires its graduates tion of information format, and exercises professional judgment to choose the best source to serve the research parameters. c. Understands the costs and benefits of mediated and disintermediated searching, and uses this knowledge to revise research strategies when necessary. C. An information-literate legal professional understands the importance of reviewing information obtained.

COMPETENCIES: a. Clarifies or refines the research question as needed. b. Updates or expands the research. c. Identifies and addresses any contradictory authority.

View the complete Principles and Standards for Legal Research Competency at bit.ly/AALLcompetencies.

MARCH/APRIL 2016 | AALL SPECTRUM 15 practice use curriculum mapping to ensure that their curriculum contains the components required to meet their REFERENCES AND ADDITIONAL RESOURCES institutional learning outcomes. If the curriculum does not, action can be ¡¡Legal Education and Professional ¡¡“University of Dayton School of Law taken to fill the competency gaps. Development—An Educational Continuum, by Learning Outcomes and Performance The Task Force on Law Schools and Criteria,” by University of Dayton Measuring Competency the Profession: Narrowing the Gap, School of Law, November 19, 2014, Whether formative or summative, American Bar Association, July 1992, bit.ly/MA16Dayton. assessment in formal research instruc- bit.ly/MA16MacCrate. ¡¡“Managing Director’s Guidance Memo,” tion generally consists of simulations, ¡¡Educating Lawyers: Preparation for the by American Bar Association, June 2015, demonstrations, quizzes, exams, and Profession of Law, by William M. Sullivan, bit.ly/MA16ABAMemo. written assignments. Rubrics are an informative measure of student Anne Colby, Judith Welch Wegner, Lloyd ¡¡“Learning Outcomes: Their Creation Bond, and Lee S. Shulman, The Carnegie achievement, especially for multidi- and Use,” by Victoria L. VanZandt and mensional assignments. More spe- Foundation for the Advancement of Lori Shaw, University of Dayton School Teaching, 2007, bit.ly/MA16Carnegie. cifically, tackling the complexities of of Law, 2015, bit.ly/MA16VanZandt. evaluating the research component of ¡ ¡ “The Boulder Statement on Legal Research ¡¡“Out of the Shadows: What Legal seminar papers, Barbara Glesner Fines Education,” bit.ly/MA16Boulder. Research Instruction Reveals About and her colleagues developed a rubric ¡¡Report of the Outcome Measures Committee, Incorporating Skills Throughout the that could be applied to assess varying by ABA Section of Legal Education and Curriculum,” by Barbara Glesner Fines, levels of research proficiency. Admissions to the Bar, American Bar Journal of Dispute Resolution, Spring Research audits provide guidance Association, July 27, 2008, 2013, bit.ly/MA16Fines. to evaluate competency at a granular bit.ly/MA16Outcomes. level. Following Casey Flaherty’s 2013 development of a technology skills audit for lawyers (www.legaltechaudit .com), law librarians recognized that their experience responding to the research requests of lawyers and to possess.” Graduates will demonstrate Professor Victoria VanZandt from the scholars provided a unique view for the achievement of the research learn- University of Dayton School of Law, developing a compendium of key ing outcome by three criteria: “Criterion suggested faculty members develop- competencies required for practice. 1: Devising and implementing a logical ing course learning outcomes should A series of research audits, emerging research plan, which reflects the under- consider whether the outcome (1) is from the 2014 AALL Private Law standing of the limitations created by essential; (2) is achievable; and (3) is Librarians (PLL) Summit—developed time and financial constraints; Criterion measurable. Faculty members should by members of the AALL’s Private Law 2: Accurately assessing the weight of also consider how many learning Librarians & Information Professionals authority; Criterion 3: Identifying and outcomes to include and what type of Special Interest Section (PLLIP- effectively employing the fundamental assessment tools to use to ensure learn- SIS)—have since been completed and tools of legal research.” ing outcomes are met. She suggested published on the PLLIP-SIS section of It is not just the law school institu- that faculty members consider three to AALLNET. The current set of research tion that needs to formulate learning five learning outcomes for each course. audits are purposely generic and cover outcomes. According to the June Her handout on Learning Outcomes: these practice areas: 2015 “Managing Director’s Guidance Their Creation and Use is a must-read Memo” from the ABA’s Section on for anyone designing learning outcomes ¡¡Company research Legal Education and Admissions to for a course. ¡¡Intellectual property the Bar, learning outcomes for individ- Multiple principles, standards, ual courses must be published in the and competencies can be combined ¡¡Legislative history course syllabus. into one learning outcome. And of ¡¡ ThePSLRC is extremely useful course, the PSLRC elements that are Litigation when designing legal research learning not included as a course-level learning ¡¡Mergers and acquisitions outcomes for research courses, com- outcome can still be very useful in ponents of legal writing courses, or designing lesson plans. ¡¡Securities other doctrinal courses. Speaking at the Furthermore, VanZandt suggests Southeastern Legal Writing Conference, that educators in law school and ¡¡Tax

16 AALL SPECTRUM | WWW.AALLNET.ORG While the 2014 PLL Summit focused ¡¡Completion of a short self-assess- student/lawyer research proficiency and on the development of research audits ment by new attorneys to enhance the instructional meth- in the law firm environment, the ¡¡One-on-one conversations following ods used to achieve those expected concept applies equally well in law general orientation outcomes. Legal research instruction schools and government. The intent now benefits from the addition of a was to develop tools that are relevant ¡¡Formal or informal research mentor- foundational piece of the paradigm—a to specific practice environments. ing of new attorneys comprehensive collection of standards Audits were intended to reflect and ¡¡Reference request tracking products for legal research competency. With establish department benchmarks to identify skills or new client issues the development of AALL’s Principles for associates and identify learning where training may be beneficial and Standards for Legal Research paths of benefit to attorneys. Note that Competency, there now exists a clearly formal assessment is not included, Given that attorneys have a variety articulated, gold standard from which although it is a worthwhile goal to of experiences—government, legis- to choose the outcomes that a single pursue. The audits include applicable lative, technology, financial, energy, course or training module should research materials and, more impor- environment, public service—their achieve. The PSLRC’s full array of tantly, identify their relevance to the knowledge of research methodologies competencies can also serve as the practice area. For example, while and effective use of research materi- basis for mapping out a curriculum, a attorneys in litigation and regulatory als, while excellent, may need to be professional development series, insti- practices use the same resources, their refocused to address fluctuating client tution-wide instructional planning, or purpose and utilization can differ sig- needs. One-on-one quick office visits individual self-assessment. Ultimately, nificantly. Competencies and research or just-in-time podcasts or videos assessment in and of itself is only part audits are invaluable tools that enable can improve specific competency. of the equation, and falls short of its the library/research staff to play a key Developing good relationships with potential if one ignores the opportunity role in working with attorneys to meet practice group managers, assigning to continuously enrich the quality and client expectations and advance attorneys to mentor new hires, and effectiveness of the instruction as well. ¢ their careers. professional development departments Self-assessment is one of the least not only create opportunities to work DIGITAL EXTRA threatening evaluation tools available. cooperatively but are also additional Download the 20-question self- Although it does not garner strictly sources of information for individual assessment survey at bit.ly/ MA16Assessment. objective results, there are valid and departmental training programs. reasons for undertaking this activ- As evaluative efforts move forward ity. Whether dealing with lawyers or across the legal profession, the PSLRC students, guided introspection and provides a framework for profes- self-assessment can raise awareness sional development programming at about universally held expectations for the organizational level. Associates’ competency, spark conversation about legal research skills can be measured what constitutes research competency, against the standards, the results of GAIL A. PARTIN © 2016 BY GAIL A. PARTIN A. GAIL BY © 2016 offer a detailed audit of an individu- which can be used to target skills DIRECTOR AND LAW LIBRARIAN Dickinson School of Law Library al’s unique strengths and weaknesses, development in the early months of Pennsylvania State University and provide a method to measure the associates’ careers. Supervisors can Carlisle, PA improvement over time. An individual apply the results of a legal research [email protected] self-assessment appraisal, similar to audit to inform specific, constructive the 20-question survey provided (see advice during performance interviews, digital extra), could be adapted from including the identification of per- the PSLRC. Participants simply answer formance objectives. Mentors might “Yes” if they feel competent or “No” if support protégés by identifying oppor- they feel the need for more experience tunities to strengthen specific skills. or knowledge. This type of survey Legal research performance evaluation SALLY H. WISE © 2016 BY SALLY H. WISE H. SALLY BY © 2016 instrument can easily be adapted for criteria can be developed from just a DIRECTOR OF THE LAW LIBRARY AND PROFESSOR OF LAW use in a variety of environments and few of the 54 competencies identified University of Miami provides a uniquely customized list of in the PSLRC to be employed as a School of Law Library strengths and weaknesses for research- benchmark for competent, effective Coral Gables, FL ers at all levels of proficiency. legal research. [email protected] Assessing competency and identify- Regardless of what approach is ing areas for improvement in the prac- taken, one key factor to remember is tice environment takes many forms: the purpose of assessment—to improve

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