Google Scholar GUIDE TO USING AND OTHER FREE LEGAL RESEARCH TOOLS CHARITY ANASTASIO

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1 GUIDE TO USING Google Scholar AND OTHER FREE LEGAL RESEARCH TOOLS CHARITY ANASTASIO Guide to Using Google Scholar and Other Free Legal Research Tools 1

2 Index Google Scholar State Court Websites Bar Association Legal Research Platforms Findlaw The PLoL Casetext Conclusion Resources Introduction There is a growing debate about whether lawyers should pay for legal research. Certainly there are more free legal materials, including case law and statutes, available on the Internet than ever before. But whether it s possible to completely replace LexisNexis or Westlaw Next with one or more of these free online legal research options depends on your practice areas and the frequency with which you use different types of legal resources. There are a number of factors that will affect your choice of platform(s). Lawyers who handle certain practice areas merely need to stay up to date on statutes while others often cite case law and are in court on a daily basis. The laws relied upon in some practice areas or jurisdictions seem to be fixed in stone while others are rapidly changing. And last, but not least, a cost benefit analysis needs to come into play. If the amount of work required to access the right cases and case treatment can be cut in half by using a paid product rather than a free one, it may very well be worth it. More often than not, lawyers use some mixed form of free and paid legal research. One lawyer may start on Google Scholar to get the lay of the land, then move on to Lexis once ready to look for the most current case law and check case treatment. Some very nimble, smart lawyers who are just starting out and keeping their overhead to a minimum will use whatever platform is available at the library for a certain time until they can clearly identify that the return on their investment would be worth it and appropriate for the tasks they need to accomplish. The bottom line: 21st century lawyers have lots of options when it comes to legal research. Read on to learn about free options like Google Scholar and, depending on your firm s needs, the added benefits of using paid platforms. Guide to Using Google Scholar and Other Free Legal Research Tools 2

3 1. Google Scholar The Google interface is a familiar one to most of us. In fact, it s the preferred search interface for most people, since Google uses instinctual methods and an intuitive user interface. For that reason, the move to Google Scholar is often an easy one. Another Google Scholar benefit is that Google s algorithms are always evolving and improving. The infrastructure and money Google invests into improvements in other areas of search no doubt result in better legal search results as well. While legal research is not Google s only business, access to information is. Google s mission statement is to organize the world s information and make it universally accessible and useful. And it s free. If you re not already using Google s legal research platform, you should make a point to investigate it first and then make an educated decision based on your experiences if you decide to rule it out as a viable research option. I think you ll find after conducting due diligence that Google Scholar a powerful legal research tool, but it s not without its limitations. Guide to Using Google Scholar and Other Free Legal Research Tools 3

4 The Disclaimer What Google says about Google Scholar: Google Scholar was originally designed for researchers and scholars who were performing intellectual work. It is generated by search robots, or spiders, which scan the Internet for important content and log it into the vast index that is the Google artificial intelligence machine. But keep in mind that Google Scholar does not cover every topic or include every document. Since the last update, here is what Google Scholar currently covers: United States State Appellate and Supreme Court cases since 1950 United State Federal District, Appellate, Tax, and Bankruptcy Court cases since 1923 United State Supreme Court cases since 1791 Citations for cases cited by indexed academic articles that may help locate older or international influential cases not yet publicly available. The deciding factor that may rule out Google Scholar for many attorneys may be how infrequently its database is updated. Updates to some records sometimes take between six months to a year, in large part because the search engine spiders must re-crawl the Internet the source for all of this information and some websites do not permit a very rapid crawl rate. Guide to Using Google Scholar and Other Free Legal Research Tools 4

5 Searching Google Scholar for Cases Google Scholar: Visit Google Scholar s main page. Beneath the familiar Google search bar you ll see that there are a number of options. Select Case Law instead of Articles (unless, of course, you ll be searching for articles). If you select case law, you ll then be prompted to narrow your search parameters to federal courts or a particular state court (Google will default to the state in which your IP address originates). While this is the default, a full list of state courts can be accessed by clicking Select courts. This will show all courts, with state court on one side and federal on the other. It can be narrowed like this: OR Or kept open like this: Guide to Using Google Scholar and Other Free Legal Research Tools 5

6 Say you want to look at habeas corpus matters in Idaho State courts, but not federal courts. Click Idaho and this field and message will appear: For example, when I entered the keyword search writ of habeas corpus into the search bar, the results provided in less than one second consisted of 456 cases. (One benefit of Google Scholar is that speed). The system defaults to a relevance search, but it can be changed to either most recent cases first or you can set parameters for a certain time frame, such as all of Just click on the appropriate field in the left hand toolbar. Guide to Using Google Scholar and Other Free Legal Research Tools 6

7 A custom range can be input as well: Each case has a hyperlinked citation and includes a few lines from the case, which contain the keyword you searched for, much like a Google search result from the normal search engine. Underneath the results you ll see the number of times the case has been cited. When you click on the case, you ll see a list of citations to the case. The How cited link includes the citation and the number of similar citations that exist online. You ll also see the Cited by case list in the toolbar on the right. Guide to Using Google Scholar and Other Free Legal Research Tools 7

8 Clicking Cite offers ways for you to copy or import the citation: Advanced Searches In the homepage toolbar there is also an Advanced Search button. While the language indicates it is for articles, Google appears to list all cases in this database as well. This permits you to add limiters and additional terms to a search, as seen below: Guide to Using Google Scholar and Other Free Legal Research Tools 8

9 This provides more targeted search results and the ability to see and modify the advanced search from the search bar as well. My Library Clicking Save stores the case in your Google Scholar Library. You can save citations in Google s My library as well. Your library can be set up on the main Google Scholar page in the top toolbar: Simply click enable and it will store all cases saved into the library so you can re-visit each saved case at a later point in time. Once the case is saved, it is marked as such in the search results: Guide to Using Google Scholar and Other Free Legal Research Tools 9

10 You can learn more about organizing your Google Scholar library here. Google Alerts Google enables you to set up Alerts associated with particular cases or areas of law. One way to set alerts is from the Google Scholar s homepage in the top toolbar. Another way is to set one up when viewing a case that is relevant to your matter. While viewing the case, simply scroll to the bottom of the page and click the Create alert link. It will auto-populate the search terms and, if you re logged into your Google account, your personal information. If not, it will prompt you to enter your . It will also provide sample report information like this: Guide to Using Google Scholar and Other Free Legal Research Tools 10

11 Of course, you don t need to be logged in to create the alert. Google will simply require you to go through a verification process, after which it will indicate that a verification has been sent to the you provided. Once you receive it, you ll have to click on the verification link in that in order to start getting the alerts. It is worth knowing that Google Alerts can be set for any type of Google Search, including firm name, lawyers in the firm, and issues relevant to a particular practice area. Use this tool to ensure that you re on top of issues that matter to you. Guide to Using Google Scholar and Other Free Legal Research Tools 11

12 And, last but not least, you can modify a number of default Google Scholar settings by clicking on Settings, which can be found in the top toolbar on the main page. Under settings you can set the default to Case law instead of Articles, increase the number of cases per page, choose to make each selected result open in a new browser window, and change the citation information preferences. So, now that you ve learned the basics of Google Scholar, let s move onto other online legal research sources. Guide to Using Google Scholar and Other Free Legal Research Tools 12

13 2. State Court Websites Most state courts offer some caselaw, with limitations. Here are 3 examples. Example 1: Washington Courts The Washington Courts site includes rules, regulations, and cases. You can sign up to get automatic notifications of changes in rules or opinions. The Washington Courts recently added a Judicial Opinions Website powered by LexisNexis. To access it, check the box shown below and provide your search parameters: Guide to Using Google Scholar and Other Free Legal Research Tools 13

14 You can search the site by keyword, court, opinion dates, citation, party name, or judge. This site refers to keywords as terms and this is what the search box looks like: Compare this to the advanced search from the main screen: This is not very helpful if you are not familiar with the connectors that Lexis uses, but fine if you do. Guide to Using Google Scholar and Other Free Legal Research Tools 14

15 Once you are viewing a case, if you click Advanced, more help is available. Note that you are able to narrow the search results further by using the connectors. The search results will list all of the places that your keywords appear, the name of the case, and an indication of its subsequent treatment (aka Shepardizing). Hovering over the Shepard s symbol provides additional detail, but if you click on the symbol to view the full results, you ll quickly learn that detailed Shepardized results are not available. Even so, you at least have some indication of subsequent treatment that is comparable to that found in Casemaker and Google Scholar. You can also save, print, export to a PDF printable format, or with the symbols at the top of the right hand toolbar. Unfortunately, you re unable to save cases in a folder within this platform. Guide to Using Google Scholar and Other Free Legal Research Tools 15

16 Narrow your search with new terms by putting them in the Focus Terms box. The results will then highlight the new terms (also notice that the treatment flags are more varied here): Guide to Using Google Scholar and Other Free Legal Research Tools 16

17 Example 2: Maryland Courts Maryland Courts provide an online portal that includes searchable appellate opinions. You can access the portal here. Using the portal you can search by court or filing year. Search results can be sorted by the date that the opinion was filed, case docket number, citation, judge, or the first listed party s name. You are also able to limit the results by reported or unreported cases, along with the other types of categories as shown in the gray left hand sidebar below: Alternatively, if you d prefer to search using keywords, follow this link and enter the keywords, as shown below. Note that the drop-down menu to the left of the search box allows you to narrow the search results by court. Guide to Using Google Scholar and Other Free Legal Research Tools 17

18 Example 3: New York Courts New York Court decisions can be found here. Guide to Using Google Scholar and Other Free Legal Research Tools 18

19 Each Appellate Division and court listed here has some platform for archiving and searching cases, but they re all a little different. You can search for cases from each Appellate Division separately. For example, the First Department allows you to search it decisions here. You can search by date or by keyword. However, note that a search for Smith brought up these results: Guide to Using Google Scholar and Other Free Legal Research Tools 19

20 So be sure to try other search options like Advanced Search which give you more fields to search by and could give you better results. Each Appellate Division website has its own interface and looks different from the others. For example, see the Fourth Department s website below. Guide to Using Google Scholar and Other Free Legal Research Tools 20

21 Example 4: California Courts California court opinions can be found here: The most recent cases are searchable by using the Last 100 hours search field, but by using the options found in the drop-down menu, you can also limit your search by court. Official Reports Opinions are searchable from 1850 to present, and can be found here. This search engine is powered by LexisNexis, so it will feel familiar to Lexis users. Choose your desired court and enter the search terms: Guide to Using Google Scholar and Other Free Legal Research Tools 21

22 Your search results will highlight key terms used and provide a symbol that indicates subsequent treatment of the case. But, like Washington, Shepardizing is not included with this platform so clicking on that symbol will result in an error. Nonetheless, the symbols will provide some indication that further research is needed in order to ascertain subsequent treatment. Also, note that case results are include hyperlinked law and cases. Guide to Using Google Scholar and Other Free Legal Research Tools 22

23 3. Bar Association Legal Research Platforms Most state bar associations offer free legal research either through Casemaker or Fastcase. Each bar association s contracts may include varying degrees of access to features, so all features shown here may not be available in your state. The prevailing market would lead one to believe that Fastcase is the superior product because it has a larger share of the marketplace. But as someone who has used each platform, I would suggest that there are benefits to both. Fastcase uses automation and data to quickly update its system and visually show the history of a case. Fastcase 7, which was recently rolled out in some states, has an interesting way of mapping cases, which will be discussed below. In comparison, Casemaker provides a better interface for showing the treatment of a case (though the analysis is done by human brains which may be more fallible than the automated methods of Fastcase). It offers a daily digest and CiteCheck, permitting users to upload a brief into Casemaker and check all of its citations automatically. (See CARA in Casetext for a similar feature). Let s take a look at each of these legal research platforms. Fastcase Fastcase is used by the majority of bar associations. It currently has two versions (6 and 7), and you can toggle between them by using the button on the left hand side of the top tool bar. Here is what Fastcase 6 looks like: Guide to Using Google Scholar and Other Free Legal Research Tools 23

24 This is how Fastcase 7 s interface appears: Fastcase uses algorithms to identify keywords and delivers the information in ways that differ from most other platforms. For example, when you click on a case, you ll see one panel looks something like a word map of the case, like this: Guide to Using Google Scholar and Other Free Legal Research Tools 24

25 Each of the words is a certain size based on the frequency and importance of it in the case (more important words are bigger, as one would expect) and they are all hyperlinked. Click on a word to get more cases delving deeper into a particular issue of interest Another unique search characteristic provided by Fastcase is the interactive timeline map. These maps offer a visual representation of the governing case laws relating to a search result. The clickable map shows which cases are the most important within a particular time frame. Guide to Using Google Scholar and Other Free Legal Research Tools 25

26 These panels can be increased or decreased as you prefer. The Fastcase 7 platform is more attractive visually, but some lawyers continue to use the Fastcase 6 interface. It s really a matter of personal preference. Here is another screenshot of the updated interface. Casemaker Bars without Fastcase generally offer access to Casemaker. Oftentimes you log into Casemaker on the homepage of the bar association. For example, the Washington State Bar Association Casemaker login can be found here. One drawback is that the Casemaker interface is more traditional than Fastcase s. However, Casemaker claims that it provides the most up-to-date information, with all changed and new laws appearing on their site within four days of the passage of the law. Search Tips Searching with terms and connectors on Casemaker is a little different from other products. You can use natural language, but the results improve if you use terms and connectors in your search. Special search terms and tips can be accessed here. Guide to Using Google Scholar and Other Free Legal Research Tools 26

27 The chart below explains the shortcuts: USE... TO GET RESULTS THAT... EXAMPLES AND Will give results with both words contract AND written OR Will give results with either/or alimony OR support NOT Offers results excluding the second word support NOT child (would presumably give you results for marital support only) Grouping This example will offer words that must have MM, and will have either car or trespass (trespass OR car) AND malicious mischief Phrase Have the complete phrase in them res ipsa loquitur Thesaurus Will offer documents with the word and synonyms of the word ~contract would bring up agreement, convention, bond, agree to, etc. Proximity Gives results where the words are within the set number of words apart defamation w/10 libel easement /5 ingress OR engress Asterisk Brings up results where the ending of the word varies Abrogate* brings up abrogation, abrogates, abrogating, etc. When you perform a search, Casemaker will provide you with the number of results and show you where those results can be found. Guide to Using Google Scholar and Other Free Legal Research Tools 27

28 If you click on the items you want to see (say Cases), it will give you a further breakdown, as shown here: It will also list the first two cases in each category. If you click on the View all in the blue bar, you ll be provided with a quick view of all the cases. Guide to Using Google Scholar and Other Free Legal Research Tools 28

29 You can narrow your search for cases by topic, court, cite, docket number, case name, judge, attorney of record, or by date ranges of the decision. For Pleadings, the fields available to narrow your search results are different, and include fact type, pleading type, issue type, motion, appeal, services, state, or jurisdictions. Shepardizing In the list format Casemaker offers either positive or negative treatment indications that look like this: When you click on a case, you ll see more detailed information about the subsequent case treatment: Guide to Using Google Scholar and Other Free Legal Research Tools 29

30 When you click on the case cited next to the negative treatment you get a list of all incidents of negative treatment. Clicking on each one take you to the case that negatively cited your original cases, but you will need to read the case to ascertain how the negative the treatment will affect your case. In other words, just like any system of Shepardizing, it s necessary to read the case to determine the impact of the negative treatment. Another useful source of citation information is provided by the blue number and symbol at the top of the left hand corner. It shows how many times the case has been cited to and charts those sites. For example, Douglas v. Bussabarger below was cited to 71 times: Here is a chart that shows which cases cited your original case, in what court, and in what year. You can view this information by hovering your cursor over each point in the graph. This chart can be accessed by clicking on the graph-like symbol (seen above) next to the number of times the case has been cited. Guide to Using Google Scholar and Other Free Legal Research Tools 30

31 Once you one click on a point in the chart (as shown above), it brings up a list of all cases that cited that case, the type of treatment, and the court in which the case was decided, as shown below: Guide to Using Google Scholar and Other Free Legal Research Tools 31

32 4. FindLaw FindLaw is a good resource for beginning your research depending on your practice areas and the jurisdictions in which you practice. It is a free clearinghouse of useful resources that is definitely worth investigating. Guide to Using Google Scholar and Other Free Legal Research Tools 32

33 5. The PLoL The PLoL is a free online database of caselaw created and run by Fastcase. You can search for cases using natural language or Boolean search terms. Authority Check is its case citation service and is similar to that found in Fastcase. Cases that are not available on PLoL will be available on Fastcase, for a fee. The first time you use the service, you will need to register. Guide to Using Google Scholar and Other Free Legal Research Tools 33

34 6. Casetext Casetext was launched as a free platform for legal research that was basically a crowd-sourced legal research platform powered by input from other lawyers. It combined the Casetext database with the collective knowledge and expertise of the legal community in the form of annotations and insights from other attorneys. Recently Casetext changed to a fee-based service and released a new feature, Case Analysis Research Assistant (CARA) which utilizes machine learning and Artificial Intelligence. With CARA, lawyers can drag-and-drop a brief or memo into Casetext and obtain a list of suggestions for cases that are relevant to the issues addressed in the document. If you perform a lot of legal research, Casetext may be able to provide you with better results with less work on your part, so it is worth investigating. Unfortunately, the free legal research functions of Casetext are no longer available. Conclusion As you can see, there are many ways to conduct legal research for free. They drawback is that some may require more of your time to ascertain relevant results. That why it s important to conduct a cost/benefits analysis in order to determine the most cost-effective solution for your firm. After all, time is money. A good starting point is to ascertain if there is a way to start your initial research with a free platform and then move on to a fee-based service when you re ready to refine your search results. The key to making the right choice for your firm is to make sure you ve educated yourself about the free or low cost options that are available to you and then choose your research path wisely. There is more than one way to do well, just about anything. Experiment carefully and then find a way conduct legal research in a way that works best for you and your firm. Guide to Using Google Scholar and Other Free Legal Research Tools 34

35 Resources Georgetown Law Library has an extensive free or low cost legal research database catalog here. Internet Legal Research on a Budget: Free and Low-Cost Resources for Lawyers Carole A. Levitt and Judy K. Davis (July 2014) This book provides information for free or low-cost resources for legal research such as legal portals and directories, case law databases, bar association free member-benefit databases, legislation, research sources, and cite-checking services. ISBN The Cybersleuth s Guide to the Internet: Conducting Effective Investigative & Legal Research on the Web (9th Edition) Carole A. Levitt, JD, MLS and Mark E. Rosch (April 2008) Guide to free and low cost resources to conduct investigative and legal research on the Internet. ISBN The Cybersleuth s Guide to the Internet: Conducting Effective Investigative & Legal Research on the Web (13th Edition) Carole A. Levitt, JD, MLS and Mark E. Rosch (2015) Guide to free and low cost resources to conduct investigative and legal research on the Internet. ISBN Find Info Like a Pro: Mining the Internet s Publicly Available Resources for Investigative Research (Volume 1) Carole A. Levitt and Mark E. Rosch (March 2010) Reveals secrets, shortcuts, and realities of conducting investigative and background research using sources of publicly available information on the Internet. ISBN Find Info Like a Pro: Mining the Internet s Public Records for Investigative Research (Volume 2) Carole A. Levitt and Mark E. Rosch (March 2012) Reveals secrets, shortcuts, and realities of conducting investigative and background research using sources of publicly available information on the Internet. ISBN Guide to Using Google Scholar and Other Free Legal Research Tools 35

36 Ready To Get Organized With Practice Management Software? Get The MyCase Free Trial About the Author Charity Anastasio is the Director of Law Office Management Assistance at the Maryland State Bar Association. She received her JD from Seattle University School of Law in 2007 and opened a solo practice in 2008 focusing on estate planning, probate, and family law. In 2013 she became the Washington State Bar Association s Practice Management Advisor. In September of 2016 she traded coasts to join the Maryland State Bar Association. Charity is the Chair of the Local and County Bar Outreach Committee of the ABA Law Practice Division and a regular contributor to the Bar Bulletin of the MSBA. She has also written for the NW Sidebar, NW Lawyer with her Practice Made Perfect column, and the ABA Legal Technology Resource Center s Law Technology Today blog. Her memberships include the Washington State Bar Association, National Bar Executives Association, and the American Bar Association s Law Practice Division and GP Solo and Small Section. You can reach her at canastasio@msba.org or