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Chapter 6 - Computer Concepts and Legal Applications

CD-ROM Research

The cost of buying and storing written legal material is immense and firms will seek alternatives to maintaining their own vast libraries. One of those alternatives is CD-ROM technology. CD-ROM technology enables you to focus on a select group of materials for a fixed fee with no time limit.

All of us have had that queasy feeling while searching on-line database services that charge by the minute, whether or not you are efficiently locating the information you need. It is similar to hiring a taxicab for the first time in a strange, unfamiliar city. As you are being driven to your location, you wonder if the driver might be lost, especially as the money meter continues to climb as time passes by. The CD-ROM solution solves this problem by providing unlimited access for one fixed cost to specialized databases.

A CD-ROM library combines the power of personal computers with traditional research techniques to provide an efficient, cost-effective way to perform topical research. You acquire the speed and convenience of computerized research with the fixed cost and the simplicity of books. Features include project management functions, such as timekeepers for billing purposes and specific case notebooks. Some software vendors’ libraries typically include case law, digests, statutes and regulations, treatise work, and other related materials. Information is organized into books. You can browse each book a line at a time, flip from page to page, or jump between references. Samplings of some areas in which CD?ROM's are currently available are:

  • State Case and Statutory Law,
  • Federal Civil Practice,
  • Federal Securities,
  • Government Contract,
  • Federal Taxation,
  • Shepherd’s,
  • Bankruptcy
CD-ROM - (Compact Disk with Read Only Memory) has a storage capacity of approximately 300,000 typed pages. With this immense capacity, a comprehensive collection of legal case and reference materials, magazines, and statistical information can easily fit on just a few compact disks. The information on these disks can be accessed through most personal computers using a CD-ROM disk drive or through a CD-ROM drive attached to a network. The Digital Versatile Disc (DVD) is replacing the traditional CD-ROM. The DVD is the next-generation optical disk standard that has already been introduced. It has a storage capacity of 2.5 GB and above. It will store at least 90 minutes of video. The storage can potentially be increased to 18 GB since the new standard allows for double sided and double-layered storage. It is designed to be backward compatible, which will enable current CD-ROM’s to be played.

The type of information from various CD-ROMs publishers is extensive.

We will continue to see a proliferation of customized legal materials for the specialty areas in law. For example, if your practice consists of personal injury law, corporate, tax, and so on, specialized CD-ROM databases are available.

CD-ROM disks are not limited to just the legal field, but all information areas. Newspapers and magazines on CD-ROM can be checked for background on clients, expert witnesses, corporations, and communities. Corporate information is available on annual statements, officers, product areas, and so forth. Scientific and technical information databases, trademark, patent, and product information and review are available. These are just a few areas of the literally thousands of CD-ROM disks available today with vast amounts of information on these disks.

The Internet will displace CD-ROM’s to some extent, but the use of CD-ROM for legal research has entered a tremendous growth rate. Most, if not all, states have their case law and statutes available on CD-ROM. The proliferation of CD-ROM titles from many publishers and the fall of prices for CD-ROM readers, have been the driving forces. For example, the United States Code is available on CD-ROM disk from the United States Government for the astounding low price of $35.00.

The CD-ROM electronic format for legal materials is available from a number of publishers. It is unusual if any substantial body of legal materials used by practitioners is not available on a CD-ROM. One source for a directory of CD-ROM materials is Directory of Law Related CD-ROMs. This CD-ROM directory provides information in all areas of law, legislation, and regulation. It provides the title, publisher, data provider, distributor, search software, format, compatible drives, minimum equipment specifications, networks, site licenses, languages, print equivalent, coverage dates, updates, number of disks, description of contents, and toll free support numbers. Added in 1995 is a list of citations to publications that have reviewed the particular CD-ROM. This directory is updated 3 times a year. It is available through Infosources Publishing (www.infosourcespub.com/). The following is a review of the features and benefits of using CD-ROM legal research technology:

  • Speed - Most CD-ROM readers access information within approximately the same speed as a hard drive. A whole library of publications can be searched quickly.
  • Up-to-date - There are two ways the material on the disk is kept current. First, updated disks are periodically sent. Second, you may be provided access to on-line update databases that supplement information on the CD-ROM disk.
  • Comprehensive Research - In addition to traditional print search techniques, you can also perform electronic word searches to find relevant documents. You formulate these searches in the same manner you would with other on-line services - searching for words, phrases, or key numbers. Word searches help you find information you wouldn't find using a printed index.
  • Automatic Cross-reference to Other Documents - The search term searches all references on the disk. This enables you to jump from one related document to another instantaneously. In essence, this will follow your thought process through the entire range of pertinent research sources. For example, it can take you from a citation to the full text of a case or from a code section to related regulations. It can also take you from a case to a list of Shepherd’s citations.
  • Fixed Cost - There is usually an initial purchase or lease cost plus a monthly subscription rate. You can research as often and as long as you like and sometimes access on-line updates at no additional charge. Research costs for one or ten of your cases remains the same. You can search, locate, read, and analyze without worrying about each passing minute.
  • Little Training - It offers you the familiarity of traditional electronic research. Traditional commands or similar on-line service's commands are generally available so you don't have to "learn" a new program.
  • Space Savings - The extraordinary compactness of the library (5 1/4 inch disks) saves expensive shelf space.
  • Location Convenience - The convenience and efficiency of having it at your desk or in your briefcase are immeasurable. CD-ROM readers can be purchased as part of notebook computers, which allows you to take legal authorities with you wherever you go.
  • Electronic Notebook and Bookmark - CD-ROM's enable you to capture information from a disk and add your own notes, then copy it all to your favorite word processing program. Some programs have the capability to automatically keep track of all your time and research for every project.
  • Computer and Software Needs - A low end 486 with a Windows configuration is all that is generally needed.
  • Cut and Paste - You can cut the entire opinion or parts of it and paste it into your word processor for citation to the court.
  • Case Print Format - Some publishers allow the user to print the case in the traditional two column written format like in the federal and state reporter

The major legal publishers all provide CD-ROM’s for many legal speciality areas. 

The cost of jurisdictional CD-ROM’s differs from jurisdiction to jurisdiction, depending upon the competition. However, when considering the cost the following factors should be addressed:

  • Ease of Use;
  • Searching Power;
  • Plain language search engines;
  • Network Support;
  • Pricing and licensing issues;
  • Integration with hard copy systems;
  • Integration with on-line systems;
  • Updates.

Comparison of CALR (Computer Assisted Legal Research), CD-ROM or DVD, Web based and Paper.

The law library has choices of CALR (Computer Assisted Legal Research), CD-ROM’s, Web based and paper for it legal information needs. Each has its advantages and disadvantages and a mix of the above for the firm is generally the right solution.

 


CD-ROM

Or DVD

Online - CALR (Lexis and Westlaw)

Web Based

Paper

Portability

Excellent Need wire or wireless connection Need wire or wireless connection Cumbersome

Reliability of materials

Publisher dependent Excellent Questionable Excellent, need updates

Value added features

Publisher dependent Many Minimal Minimal

Help desk

Publisher dependent Excellent May be nonexistent Publisher dependent

Stability

Generally good Excellent Depends on company Generally good

Connections

CD-ROM or DVD reader Excellent Depends on Internet connection Not needed

Types

Laptop or network Need wire or wireless connection Need wire or wireless connection Not needed

Retrieval speed

Excellent Depends on connection Depends on connection Not needed

Remote access

Speed may be slow Yes, wire or wireless connection Yes, wire or wireless connection

 


Wireless

Materials on CD - if you have CD no problem

 

Yes Yes Not needed

Costs

Usually fixed Varies - Per minute, fixed, or monthly Varies - Free to subscription based Initial purchase and updates.

Search capability

Excellent Excellent Good Poor

Cancel subscription ramifications

Depends on publisher. CD’s may expire Lose all access to materials Lose all access to materials Keep books

Material coverage

Specific jurisdictions Publisher and user dependent Publisher and user dependent Specific jurisdictions

Up to date

Usually quarterly Publisher dependent - usually immediately

 

Publisher dependent - usually immediately

 

Depends on update delivery

Copyright prohibition

Generally yes Yes Generally not Yes

Search engine capability

Generally excellent Excellent Good Not applicable

Costs

 


 


Free

 


Initial purchase

Initial capital cost & monthly, quarterly or yearly charges. None None Initial capital cost of materials.

Updates - staff & materials cost.

Little staff cost None None Can be significant update and labor costs

Equipment

CD-ROM or DVD Computer & ISP connection Computer & ISP connection None

Training

Minimal Minimal Minimal None

Storage costs

Minimal Minimal Minimal Significant

Client contentment

Offline charges are generally not passed on. Charges are generally passed on No charge to client No charge to client

Material update costs

Generally comes with subscription No additional charge No additional charge Can be costly

Print copies cost

Printer, toner, etc. Printer, toner, etc. Printer, toner, etc. Printer, toner, etc.

Law firm staff support

Software & network support Software & network support Software & network support Updating

Research time

Fast Fast Fast Slow

Readability

Excellent Excellent Excellent Excellent

Permanent technology

Yes (probably change to DVD) Yes Yes Maybe

Networking

Yes, requires jukeboxes, etc. Yes Yes Not applicable

Equipment requirements

CD-ROM player and jukeboxes, etc. for networks Computer and ISP connection Computer and ISP connection Shelves

Available in Digital?

Yes Yes Yes Yes

Data can be converted for Extranet and Intranet use?

Depends on publisher No No No

Installation difficulty

Easy Easy Easy Not applicable

Do not walk off

If networked generally not No No Yes

Print capability - format easier to read -

Yes Yes Yes Already in print format

Publisher support

Publisher dependent Publisher dependent Publisher dependent Publisher dependent

Information Brokers. Over the next several years, we will see the emergence of “information brokers” who will be experts in the location of information over the information on-line highway. These cottage industries in their “virtual” offices will be as commonplace as paralegals in law firms. Not only will litigators have associates, investigators, paralegals, and computer technicians, but an “on-line” information broker will also become part of the litigation team. Due to the huge volume and number of on-line databases available, it will be wise (in terms of saving time and money) to hire a professional on-line service searcher.

 

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