Don’t Replicate – Create: How Lawyers Succeed in the New Normal

A week or two before her high school graduation, my older daughter decided to go vegan.  To accommodate my daughter’s new eating regime, our family celebrated her graduation at a vegan restaurant which served up entrees like lasagna and chicken parmigiana by substituting nutritional yeast and soy proteins for cheese, eggs and meat. Yet despite the chef’s best effort to replicate traditional fare, the celebratory lunch looked like a gloppy mess and tasted equally unsatisfying.  

Hoping to avoid a similar experience at my daughter’s backyard graduation party later that weekend, I opted to try my hand at making the food myself instead of ordering from a vegan caterer.  Instead of trying to make creamy or cheesy dishes with non-dairy ingredients (at that time, the smell of nutritional yeast still nauseated me), I prepared foods that didn’t involve dairy to begin with — falafel, pasta salad, vegetable rice paper rolls and guacamole.  And I invested in the best quality ingredients to increase my odds of producing an edible result.  Ultimately, the spread was a success – all the food was gobbled up or taken home by guests. I’ve even used the same menu in some form or another at other parties since – though my daughter has long since abandoned a strict vegan diet.

I’ve found myself thinking back on my brief experience with vegan cooking and eating now as many lawyers are attempting to use Zoom, the cloud and other online tools to replicate work and networking as we once engaged in those activities pre-pandemic. But for many, these tools fall flatter than the vegan faux-Italian meal that I suffered through years ago. After all, let’s face it: drinking a beer alone at your desk illuminated by camera lights in your face while trying to get a word in edgewise at a 15-person virtual happy hour when your computer audio isn’t delayed just isn’t the same as laughing with the gang in person at a softly lit restaurant table or cheerful, comfy neighborhood bar. Asking staff or law clerks to check in daily from home by video can come across as intrusive or demanding whereas short in-person meetings in the office to hash over issues are somehow less intimidating.  Arguing a case by telephone may be more efficient for sure, but lawyers also lose out on the ability to stare down the judge or shake hands with their adversaries at the conclusion of the argument.

Still, my reservations about whether online tools can recreate the pre-pandemic experience doesn’t mean that I believe for a second that we should stop using them.  But instead of using tech to replicate our old experience, let’s use it to ameliorate how things have always been done and create an improved experience.  Here are some ideas:

• Use Zoom for New Activities   Instead of using Zoom for a standard happy hour, use it to interact with colleagues in ways that you never did before. For example, two weeks ago, I sponsored a Coffee + Court event on Zoom, inviting a dozen colleague to join together to listen to an en banc oral argument for an important case in our industry. I opened the call with a preview of the argument and hoped to discuss the results with my colleagues after the argument concluded. Unfortunately (and my bad), the call was hacked  midway through – a problem that is easily cured next time with advanced security. But the idea itself made sense – Zoom offered a platform for my colleagues and I to discuss the argument in real time (something we couldn’t have done in court IRL) and I’m hoping to reschedule a similar call in the future.  

Zoom can also support other types of recreational activities that you may have wanted to engage in with colleagues but never had the time.  From online painting classes to writing thank you notes to cooking classes or watching a law-related movie together, video can help bring colleagues closer in ways that many might not have bothered with when we had the ability to leave the house.

 • Zoom for Law Clerks   When I realized that my summer law clerk would have to work remotely, I was worried because ordinarily, I’ve gotten better results with my clerks who work onsite. There’s something about the discipline of showing up at the office in business clothes and being able to sit down and review documents side by side that has improved the performance of those who work for me. But I’ve realized that Zoom has advantages too.  I can share screens and show my law clerk how to e-file a document, or we can review, markup and edit a document together. Sure, these tools were available before when people worked on site, but it seemed awkward to connect with employees by video when they sit just an office away.

 • Zoom and Depositions  As I’m aware from my video interviews with 14 solo and small firm lawyers , moving depositions to Zoom has presented a bit of a mixed bag. On the one hand, video depositions save travel time and discipline lawyers to compile documents in advance because they may need to be shipped to the witness beforehand.  On the other hand, some lawyers bemoan the inability to eyeball witnesses and read their body language, while others are concerned that opposing counsel may be coaching the witness via a chat bot or text. All fair reminders that Zoom can’t always duplicate pre-pandemic practice.

Still, there’s one way that Zoom – for all of its potential drawbacks – could make litigation practice better: by eliminating the need for court reporters once and for all.  Zoom enables lawyers to bypass the need for court reporters, since depositions can be recorded with a click of the button and then transcribed through AI tools like Otter.ai  or Sonix.ai . Using Zoom as a one-stop platform for depositions would thus allow lawyers to save on the enormous costs of transcripts in civil cases, which are a barrier for access to justice. If that’s not a huge improvement over the current system, I don’t know what is.

• Alternative Dispute Resolution and OnLine Hearings   With so many trials now on hold, many law firms have time on their hands, while many clients are anxious to settle. Though I would never suggest pressuring clients into a lowball settlement at this juncture, there are opportunities during pandemic to experiment with online mediation and alternative dispute resolution – particularly for cases already set to go for trial.  Lawyers should work with opposing counsel as well as judges who may want to clear their dockets to explore unconventional ways of resolving cases – such as mini-trials or case presentations before mediators.  The data gathered could be used to inform development of new processes going forward.

Online hearings are another substitution that enhance the practice of law.  Instead of trapping lawyers in a room for hours to await a status call, lawyers can handle scheduling conferences from their desks and save on travel and waiting time – which reduces costs to clients.  Many scheduling conferences don’t even require in person interaction, so moving conferences online doesn’t impair quality, but offers only net benefits.  

• Shift Work   For the past eight weeks of pandemic, lawyers have found ways to work from home a stop gap measure – and while it’s frustrating for sure, many lawyers are celebrating time regained due to lack of commuting. I’m not suggesting that law firms go one hundred percent remote one hundred percent of the time because many lawyers and staff work more effectively out of the house. But there is a happy hybrid medium that I wrote about yesterday – shift work – where lawyers and staff can segue seamlessly between working onsite and from home just with a few modest scheduling changes.  The upside?  A more relaxed workforce along with better ability to accommodate clients whose schedules are also changing.

If we move out of pandemic expecting the world to return to business as usual, most of us will be sorely disappointed since the online experience can’t duplicate life as we knew it. But if we’re willing to use technology not to duplicate the old, but to create new ways of practicing law that are even better, we’ll have something as delicious as the vegan spread that I made for my daughter’s high school graduation party to enjoy.

Judge Puts Debevoise In Charge Of Michael Flynn Case Because Bill Barr Can’t Do His Job Right

(Photo by Alex Wroblewski/Getty Images)

The early contender for dumbest thing I have to deal with today is Trey Gowdy baying into the wind that he’s “never seen anything like this.” By “this,” he means the idea that a judge would appoint an independent actor to argue in favor of continuing the prosecution of a guy who HAS ALREADY ENTERED A GUILTY PLEA. Twice.

It’s almost like Gowdy has not paid attention to the Supreme Court for, like, a decade. The federal judiciary is more than happy to appoint counsel to argue orphaned arguments, and while that usually doesn’t happen in criminal trials, usually the federal government isn’t walking away from straight-up guilty pleas from sophisticated actors with competent counsel.

Judge Emmet Sullivan issued an order last night appointing Debevoise’s John Gleeson to serve as amicus on the case, and basically explain why Judge Sullivan shouldn’t throw Michael Flynn in prison for perjury since the former National Security Advisor took an oath in federal court to tell the truth and then admitted to all the elements of a federal crime. While represented by Covington.

Attorney General Bill Barr may not care about lying to law enforcement any more, having moved on to offering shadow support to his Republican cronies trying to make “unmasking” a scandal, which anyone with two brain cells and basic research skills can piece together isn’t a scandal, but maintaining the sanctity of the federal court as a place where people don’t lie willy-nilly is still a valid concern. The judge could, of course, just accept Barr’s half-hearted excuse and let this whole case disappear. That’s certainly the easy way out. But the federal judiciary used to have a backbone and Judge Sullivan managed to find it somewhere in the wreckage of the Trump tax case oral argument. There’s a good argument that federal judges wield too much power in this world, but “punishing people who lie to them” is exactly the power they need to prevent the whole system from becoming a joke.

Fox News has already started pretending that this is a crisis of the separation of powers, but it’s not. Unlike the Supreme Court keeping non-justiciable claims alive to please Tucker Carlson, Judge Sullivan is explicitly asking Debevoise to brief out whether or not he should use the judiciary’s contempt power to penalize someone who, if the Department of Justice is to be believed, lied to the court under oath. Because as I pointed out on Twitter as soon as the Flynn decision got announced, either he’s guilty or he perjured himself but it’s one or the other.

And Trey Gowdy is probably not stupid enough that he doesn’t know this distinction. He’s just positive the average Fox viewer is.

(Check out the order on the next page.)


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

COVID-19 Guidance Documents Issued on Testing, Products for treatment, and Drugs [Sponsored]

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Am Law 200 Firm Asks Associates To Make ‘Temporary Financial Sacrifice’

Another day, another Biglaw firm announcing salary cuts.

The latest firm to make the move to COVID-19 austerity measures is Finnegan Hendersen. The firm, which made $309,940,000 in 2018 gross revenue making it 108th on the 2019 Am Law 200 ranking, has now gotten on board with the salary cuts that so many other firms have also done. Today the firm announced via email (available in full on the next page) the scheme, which sees all employees making $150,000+ taking a 20 percent cut, those making $100,000 to $150,000 will have a 15 percent cut, between $75,000 and $100,000 see a 10 percent cut, and those making under $75,000 go unscathed.

The firm provided the following comment about the cuts:

Finnegan’s managing partner, Anand Sharma, and chair, Mark Sweet, announced this week there will be pay reductions effective June 1. They acknowledged that the challenges COVID-19 presents are not unique to law firms in general or Finnegan in particular.

“None of the recent changes due to COVID-19 are decisions the firm has taken lightly. We are bringing everyone together for these conversations,” Sharma acknowledged.

“We are incredibly proud of how the Finnegan team continues to work together to meet the challenges presented by the pandemic and are asking many members of the firm to assist in a temporary financial sacrifice,” Sweet said.

While share partners will shoulder much of the resulting financial effects, because the duration and ultimate impact of this pandemic remain uncertain, the firm will temporarily reduce future pay for all members except personnel who earn less than $75,000 annually, effective June 1. Those earning $150,000 or more will see a 20% reduction, those earning between $100,000 and $150,000 will see a 15% reduction, and those earning between $75,000 and less than $100,000 will see a 10% reduction. Sharma said, “Our hope is that any impact from COVID-19 will be minimal and, if so, we commit to offsetting these reductions.”

“We are proud of the work the Finnegan team is doing to serve our clients and appreciate their patience, compassion, teamwork, and continued resilience during this difficult time,” Sharma and Sweet said in the statement. “Incoming work remains steady, we are financially sound, but given everything we are seeing across the economy, we feel these changes will protect the long-term success of our team members and protect those most vulnerable to the risks we now face.”

If your firm or organization is slashing salaries, closing its doors, or reducing the ranks of its lawyers or staff, whether through open layoffs, stealth layoffs, or voluntary buyouts, please don’t hesitate to let us know. Our vast network of tipsters is part of what makes Above the Law thrive. You can email us or text us (646-820-8477).

If you’d like to sign up for ATL’s Layoff Alerts, please scroll down and enter your email address in the box below this post. If you previously signed up for the layoff alerts, you don’t need to do anything. You’ll receive an email notification within minutes of each layoff, salary cut, or furlough announcement that we publish.


headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

Three Legaltech Companies, All in Contracts, Have Financing Rounds, for Total of $26M | LawSites

We may all be working from home, but that doesn’t mean investment money isn’t flowing into legaltech — and particularly into legaltech for commercial contracts. This week, three companies, all providers of technology for contract review or management, announced financing rounds, raising a total of $26 million among them.

LawGeex: $20 Million

The largest of the rounds involved the AI contract review company LawGeex, which said yesterday that it had closed a $20 million round of financing, bringing its total funding to $45 million.

The round was led by Corner Ventures, a Palo Alto, Calif., venture capital fund focused on investments in leading growth stage technology companies, with participation from La Maison and the continued support of existing investors Aleph, lool Ventures and former Thomson Reuters CEO, Tom Glocer.

LawGeex says that it tripled its growth last year and that its customers include more than 40 Global 2000 companies as well as leading law firms three of the top five insurance companies.

“Contracts are the lifeblood of any business and we are using AI to transform legal, allowing lawyers to help accelerate deal closure and focus on more impactful work,” LawGeex cofounder and CEO Noory Bechor said in a statement. “We’re thrilled to be partnering with Corner Ventures to fuel this vision and continue building the greatest legal technology company in the world.”

LexCheck: $3 Million

The second company to announce a financing round this week is LexCheck, which is also an AI-driven contract review platform. The New York City company says it has completed a $3 million seed round.

Although founded in 2015, this is the company’s first venture round. It was led by the early stage investment fund Kli Capital (formerly known as BNSG Capital) and included participation by Howard Morgan, retired cofounder of First Round Capital, and Vivek Garipalli, cofounder and CEO of Clover Health, among others.

LexCheck says that its technology can accelerate and automate contract negotiations for companies of all sizes as well as for law firms. Among its features, it can automatically correct contract provisions, highlight issues for user review, and propose potential fixes.

It was founded by Gurinder “Gary” Sangha, a lawyer and serial entrepreneur, who previously founded Intelligize, a securities compliance platform that was acquired by LexisNexis. Prior to that, Sangha practiced securities law at Shearman & Sterling and White & Case.

“Successfully challenging the status quo and creating legal technologies that transform organizations have been the driving principles over the course of my career and remain our core tenets at LexCheck,” Sangha said in a statement announcing the financing. “With the help of our investors, we can accelerate our work and transform this sector even more swiftly and comprehensively.”

Malbek: $3 Million

The final company to announce financing this week is Malbek, a provider of cloud-based contract lifecycle management software, which closed $3 million in funding led by Philadelphia venture capital firm Osage Venture Partners.

“It’s a true honor to be part of the Osage Venture Partners family,” said cofounder and CEO Hemanth Puttaswamy. “The emphasis they place on collaborative company culture resonated profoundly with us. We have been a very disciplined team, innovating at a breakneck pace and signing numerous customers in the last few months alone. This capital will help us accelerate to the next level of growth.”

Malbek said it would use the additional capital to invest further in product innovation, expand sales and marketing, and expand its customer experience team.

Ropes & Gray Offers Voluntary Buyouts Amid Coronavirus Crisis

Thanks to the COVID-19 outbreak, Biglaw firms the world over have been forced to initiate all kinds of cost-cutting measures, ranging from salary cuts to furloughs to layoffs, to ensure that they’ll be able to keep their heads above these dark waters. While we’ve seen a few voluntary leave programs here and there, we haven’t seen any outright buyout programs — until now.

We’ve been told that Ropes & Gray, which came in at No. 13 in the most recent Am Law 100 rankings with $1,903,616,000 in gross revenue, will be offering a voluntary separation incentive program to all of its U.S. support team employees. Those who are approved for these buyouts will receive one week of severance pay per year of service, plus an additional four weeks’ worth of pay (with a minimum of 12 weeks and a maximum of 30 weeks). Most departures related to this program will occur between June 19 and August 3. The firm will continue to pay its share of the employee’s medical, dental and/or vision insurance premium cost through December 31, 2020. It’s important to note that attorneys are not eligible to participate in the program.

(Flip to the next page to see a copy of the email announcing the firm’s voluntary separation incentive plan.)

We reached out to Ropes & Gray for comment on the firm’s buyout plan. “We’re being proactive. We need to take steps now to address our new reality,” a firm spokesman said. “This offer of voluntary separation for our U.S. business support teams is one. Our firm is strong economically, and as a community.”

We wish all of the legal professionals at Ropes & Gray who accept and are approved for the buyout the best of luck should they seek new jobs in the legal industry.

If your firm or organization is slashing salaries, closing its doors, or reducing the ranks of its lawyers or staff, whether through open layoffs, stealth layoffs, or voluntary buyouts, please don’t hesitate to let us know. Our vast network of tipsters is part of what makes Above the Law thrive. You can email us or text us (646-820-8477).

If you’d like to sign up for ATL’s Layoff Alerts, please scroll down and enter your email address in the box below this post. If you previously signed up for the layoff alerts, you don’t need to do anything. You’ll receive an email notification within minutes of each layoff, salary cut, or furlough announcement that we publish.


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

MDC Alliance Demands the Unconditional Release of its Youth Assembly Leaders – The Zimbabwean

14.5.2020 13:47

As the People’s party, the MDC Alliance is totally appalled and strongly condemns the evil abduction of our Youth Assembly leaders, national Deputy Chairperson Cecilia Chimbiri, Deputy Organising Secretary Netsai Marowa and Secretary for Policy and Research Hon. Joana Mamombe (MP).

We demand their unconditional and immediate release.

This must be followed up with a strong reprimand and disciplinary action against all the repressive apparatus involved in the abductions including the individuals who gave the orders.

As the People’s party, we have no doubt that our Youth Assembly leaders forced disappearances has the tacit approval of Emmerson Mnangagwa’s illegitimate regime.  Indeed, the illegitimate regime has been at the centre of using abductions as a strategy to deal with dissent.

This unrepentant behavior of the regime is at the centre of Zimbabwe’s isolation from the family of nations.

It has no place in modern day society.

The People’s party calls upon all the progressive forces for democracy both nationally and internationally to confront this ever-growing trend of State sanctioned forced disappearances.Indeed, this latest incident of the abduction of our Youth Assembly leaders must not be viewed in isolation at all.  For example, in January of 2019, several MDC Alliance members were abducted only to be dumped at police stations after being tortured for hours.

Then there has also been the abductions of comedians, trade union leaders including the then leader of the Hospital Doctors Association Dr. Peter Magombeyi. Worse still, some of the people abducted in the past like Itai Dzamara and Patrick Nabanyama are still yet to be found while some like Tonderai Ndira were killed in cold blood and their bodies found chopped into pieces.

As the People’s party, we would like state it in unequivocal terms that these abductions which are a gross Crime against Humanity; are totally unacceptable and must come to an end forthwith. In any case, Zimbabweans have a legal right to join, form or participate in activities of political parties of their own choice in line with Section 67 of the national Constitution.

In a new Zimbabwe led by our People’s government, such kind of repressive behaviour and conduct will not be tolerated nor accepted. Peace, justice and freedom shall be guaranteed to all Zimbabweans regardless of their political affiliations or divergent views.

Issued by the MDC Alliance Department of Communications

Post published in: Featured

Zimbabwe’s Solar-Purchase Plan May Save Much-Needed Dollars – The Zimbabwean

Fortune Chasi

Under a so-called net-metering program, solar producers could register to transfer excess power to the utility and receive rebates on their electricity accounts., Zesa said in a statement on Wednesday.

“Net metering is beneficial to the utility and nation at large through the saving of foreign currency as there will be less power imports,” it said.

Energy Minister Fortune Chasi wasn’t immediately available to comment on the program.

Zimbabwe last year removed import duties on solar products to encourage the alternative power source amid a regional drought that has affected output from the Kariba hydro-plant, and frequent breakdowns at its coal-fired units in Hwange.

Businesses, including telecommunications, mining and retail, have switched to solar power as the country battles daily outages, sometimes for as long as 18 hours.

Post published in: Business

Education Cluster Zimbabwe COVID-19 Preparedness and Response Strategy – The Zimbabwean

On 30th January 2020, the Director General of the World Health Organization (WHO) declared the outbreak of the Coronavirus Disease 2019 (COVID-19) a Public Health Emergency of International Concern (PHEIC).
With COVID-19 cases increasing worldwide including in countries bordering Zimbabwe and especially South Africa, Zimbabwe confirmed itsfirst confirmed case on 20. March 2020. Since then, there has been an increase in cases.

Latest figures on cases can be found here: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situatio…

The Government of Zimbabwe announced on 17. March 2020 the early closure of schools on 24 March 2020 due to the COVID-19 outbreak. Due to the uncertainty around the development of the COVID-19 transmision, the planned reopening of schools, which were initially scheduled open on 05 May 2020, remains uncertain.

The education system in Zimbabwe was already stretched before the COVID-19 pandemic as a result of multiple crises, including the impact of Cyclone Idai in 2019, the economic crisis, climate-induced drought as well as food shortages. The COVID-19 epidemic has interrupted the teaching and learning for students. The epidemic poses great risksto the nutritional status of children from poor households, violence among children from fragile families and as well as mental well-being among both children and teachers. Without a conducive and disease free school environment, COVID-19 poses a risk to children’s health and wellbeing. Further, there is increased risk of permanent drop out among children with pre-existing vulnerabilities, especially children with disabilities. Given that the education sector was already beset with persistent disparities in educational opportunities between children of different gender, socio-economic status, disability status, orphan hood status, and demographic groups.
Without a well resourced response, these disparities are likely to widen.

The overall goal of Zimbabwe Education Sector preparedness and response strategy is to (1) minimize morbidity and mortality of COVID-19 among school communities, teachers and learners in Zimbabwe, (2) minimize/mitigate the disruption to the childrens’ education and learning and (3) ensure safe return to quality learning for teachers, learners and school communities. Activities in this strategy must be urgently and effectively implemented, starting with the highest risk areas to ensure adequate protection of school communities.

The Ministry of Primary and Secondary Education (MoPSE) and the Education Cluster look forward to working closely with stake-holders from across Government, donors, private sector, civil society, academia, professional associations, private-not-for profit sector, community-based organizations, religious leaders, traditional leaders, international organizations in the next few weeks and months

Post published in: Education

Internet Legal Research On A Budget

Like most lawyers, you’ve probably been sheltering in place for months now. The good news is that for some of your firms, reopening may soon be a possibility. Even so, things won’t be “back to normal” for some time now. As a result, this new world order we find ourselves in requires lawyers and law firms to rapidly shift priorities as the fluid situation evolves and changes.

Of course, this is nothing new. When social distancing mandates were initially instituted in March, the immediate challenges your law firm faced likely involved choosing the technology tools that would allow your firm’s employees to operate remotely. Once that was accomplished, the next task many firms have begun to focus on is maintaining financial stability in the midst of uncertainty. For many firms, that process involves identifying ways to sustain revenue and reduce unnecessary costs both during and after the pandemic.

Enter the newly published book, “Internet Legal Research on a Budget: Free and Low-Cost Resources for Lawyers.” The  second edition of this book is co-authored by Judy K. Davis and Carole A. Levitt and was just released by ABA Publishing. (Note that I was provided a complimentary copy for review purposes.)

This book is a great resource for law firms seeking to trim the fat from their budgets. It offers a vast amount of information and guidance for lawyers seeking to use the internet to conduct investigative and legal research. No matter what you’re looking for, this book will help you find it. Whether it’s background information on a person or a company, legislative materials, or statutory or case law legal research, this book covers it all. And best of all, most of the resources discussed in this 365-page guide are low-cost or free!

Of course, the problem with trying to locate information online is that there’s so much of it. That’s where this book comes in. As Bob Ambrogi explains in the Introduction, the reason this book is such a invaluable resource is because it helps you sift through the seemingly unlimited volume of information available online today:

(T)he Internet today offers legal professionals seemingly unlimited sources of legal information—much of it free. But that abundance can be daunting. Think of Internet Legal Research on a Budget as a roadmap to the best of what is out there. It will guide you to what you need, and save you a buck along the way.

No matter what type of information you’re seeking, it’s likely available online. You just need to know where to look and how to access it. In this book, the authors help you do just that by covering the ins and outs of a broad array of online resources including:

  • Legal portals and directories (government, academic, and commercial)
  • Case law databases (government and commercial)
  • Federal Statutory research
  • Federal, legislative, and congressional materials
  • Starting points for state, local, territorial, and tribal law, and
  • Foreign, international, and comparative law resources

For example, the first section of this book focuses on legal research and includes coverage of: 1) websites for general legal research, including court rules, jury instructions, and specific practice area resources; 2) legal portals and directories, including Justia, Findlaw, and Cornell’s Legal Information Institute; and 3) free or low-cost case law research databases, including Google Scholar, Casetext, and in-depth overviews of Casemaker 4 and Fastcase 7.

The authors also provide a ton of useful practice tips and advice on using the various resources discussed in the book. For example, in chapter 15, the authors discuss how dockets and case documents can be used for legal and investigative research. They explain that in addition to using dockets to conduct due diligence information about a person or company’s background, you can also use dockets to locate sample pleadings for matter similar to one you’re handling on behalf of a client:

Some attorneys use dockets for legal research purposes. For example, instead of drafting a complaint or an answer from scratch, some attorneys search dockets to find sample pleadings for cases that are similar to their case. If you are using PACER, there are a few ways to identify a similar case. For instance, you can find sample pleadings if you either know the party name or case number of a similar case. Or, if you don’t, you can search PACER by its Nature of Suit (NOS) codes … An alternative, and better, method to search for similar cases is by full-text key-word searching through case documents at the free CourtListener Recap Archive (and some pay databases) …

So if your firm is seeking to reduce costs as it moves toward reopening, one way to accomplish that might be to review your firm’s high-cost legal research subscriptions and cut back by reducing some of the databases to which your firm subscribes — and then accessing that same information online for free or at a lower cost. But before you do that, make sure to obtain a copy of this book so that you’ll have a how-to legal research guide available for your firm’s employees.

Sure, it’s a small up-front investment, but it’s one that will undoubtedly pay off in the long run.


Nicole Black is a Rochester, New York attorney and Director of Business and Community Relations at MyCase, web-based law practice management software. She’s been blogging since 2005, has written a weekly column for the Daily Record since 2007, is the author of Cloud Computing for Lawyers, co-authors Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York. She’s easily distracted by the potential of bright and shiny tech gadgets, along with good food and wine. You can follow her on Twitter at @nikiblack and she can be reached at niki.black@mycase.com.