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A Law Student’s Look at Westlaw ® for the Practitioner

West’s Instructional Aids Series. A Law Student’s Look at Westlaw ® for the Practitioner . Contents. Introduction Legal Forms Practice Guides and Aids Litigation Databases Jury Instructions Jury Verdicts and Settlements Expert Witnesses News Databases 1

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A Law Student’s Look at Westlaw ® for the Practitioner

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  1. West’s Instructional Aids Series A Law Student’s Look atWestlaw® for the Practitioner

  2. Contents • Introduction • Legal Forms • Practice Guides and Aids • Litigation Databases • Jury Instructions • Jury Verdicts and Settlements • Expert Witnesses • News Databases1 • Company and Securities Information Databases2 • Public Records Databases3 1 A few news databases are not available to law students. 2 Some corporate and security databases are not available to law students. 3 Most public records databases are not available to law students.

  3. Introduction Contents

  4. Introduction • As a law student, you have been trained to perform pure legal research. Most of your research has been in case law, statutes, or secondary sources. • As a lawyer, you will conduct many sorts of non-legal or quasi-legal research every day. • You will need to know how to do such things as • track down potential witnesses • find a company’s registered agent for service • draft an eviction notice • assess the financial strength of a company or an individual • evaluate a proposed stock offering • conduct a “due diligence” review

  5. Introduction • Westlaw contains more than 17,000 databases, many of which are unfamiliar to law students. Most of these databases can be of enormous help to the practicing attorney. • A few of the databases introduced in this tour of Westlaw are not available to law students due to West’s contracts with third-party publishers. • This tour is intended to give you an overview of what materials and services you can expect from Westlaw as a practicing attorney. It is not intended to be Westlaw tutorial.

  6. Introduction My Westlaw Tab Pages for Practitioners • Forty two topical tab pages include: Bankruptcy, Due Diligence, Environmental, Health, Homeland Security, Immigration, Intellectual Property, Maritime Law, Military, Products Liability, Social Security • Litigation page • Investigation page • Public Records page You can select up to six tabbed pages by clicking My Westlaw on toolbar and checking the selections you want.

  7. Introduction Tax Tab Page: an Example of a Topical Tab Page Shortcuts 1, 2 , 3 Quick Search Tax Databases

  8. Legal Forms Contents

  9. Forms Legal Forms • There are more than 400 databases that contain forms on Westlaw. • Many of the forms can be copied and pasted into a word processing document. • The forms multibase is Forms-All ( FORMS-ALL). • National forms databases include • American Jurisprudence Pleading and Practice Forms (AMJUR-PP) • Federal Procedural Forms (FEDPROF) • National Pleading and Practice Forms (FORMS-PP) • West’s Legal Forms, which contains the full text of the print publication that has long been a favorite (WEST-LF)

  10. Forms Legal Forms Database Examples • Many of the forms databases are state-specific. • Arizona Legal Forms (AZ-LF) • California Civil Practice–Combined (CCP-ALL) • Colorado Forms (CO-FORMS) • Personal Injury Forms:Illinois (PIFRM-IL) • Many of the forms are specific to an area of the law, such as bankruptcy, arbitration, or patent law. • Alternative Dispute Resolution with Forms (ADR) • Complete Manual of Criminal Forms (CMCRF) • Doing Business on the Internet: Forms and Analysis (DOBUSNET) • Uniform Commercial Code Official National Forms (UCC-ART9FM)

  11. Forms Litigation Treatises, CLEs, Practice Guides Forms Treatises, CLEs, Practice Guides Forms This is a partial list of the forms databases on Westlaw. They are sprinkled throughout the Treatises, CLEs, and Practice Guides and the Litigation sections of the Westlaw Directory. Many of the other practice materials databases also include forms.

  12. Field Searches in Forms Databases • Database: FORMS-ALL • Structured Search: power of attorney health-care Title: Power of Attorney for Health Care Title: Alphabetical List of Titles Database: AMJUR-PP Search:ti(“list of titles”) Title: Annuities Outline Search:ci(outline & annuity)

  13. Database: AMJUR-PP Search: Deed of land for park purposes Database: WEST-LF Search: unlawful detainer for failure to pay rent Forms Natural Language Searches in Forms Databases Title: Complaint for Unlawful Detainer and Rent Title: Complaint, Petition, or Declaration to Enjoin the Diversion of Park Property to Nonpark Use

  14. Practice Guides and Aids Contents

  15. Practice Guides Practice Guides and Aids • A wide variety of practice guides and materials are available on Westlaw. • Some practice databases are state-specific, some are topical, and some are general in nature. • Practice aids include texts, treatises, forms, practice guides, CLE course materials, and other materials. Often several types of practice materials are included in a database. • The Legal Practice (LAWPRAC) database contains documents from periodicals focusing on the practical aspects of lawyering: advocacy and lawyering skills, law office management, law office automation, lawyer hiring and training, court automation, judicial management and selection, and the general practice of the law.

  16. Practice Guides General and Topical Practice Materials DatabasesExamples • American Jurisprudence Proof of Facts (AMJUR-POF) • Practising Law Institute (PLI) • RIA® Estate Planners Alert (RIA-ESTPA) • Health Law Practice Guide (HTHLPG) • Glasser LegalWorks Seminars  (GLASS-CLE) • Wage and Hour Law: Compliance and Practice (WHLCP) • Federal Practice and Procedure® (Wright & Miller) (FPP) • Patent Applications Handbook (PATAPP) • Attorneys Medical Advisor (MEDADV)

  17. Practice Guides State Practice Materials Database Examples • Texas Practice Guide Multibase (TXPG-ALL) • Georgia Analytical Practice Library (GAPRACLIB) • The Rutter Group in California Practice Guides (TRG-CA) • The Florida Bar Continuing Legal Education Materials  (FL-CLE) • Illinois Law and Practice (IL-LP) • New York Jurisprudence (NYJUR) • Baldwin’s Ohio Practice Series (OHPRAC) • Kentucky Practice Series Multibase (KYPRAC) • New Jersey Practice Series (NJPRAC) • Michigan Personal Injury Texts & Legal Forms (MIPI-TLF)

  18. Practice Guides Treatises, CLEs, and Practice Guides This is a partial list of the practice materials databases on Westlaw. They are in the Treatises, CLEs, and Practice Guides section of the directory.

  19. Practice Guides Sample Search • Database: LAWPRAC • Natural Language search: guide for counsel in cases to be argued before the supreme court • Result: Title: Guide for Counsel in Cases to Be Argued Before the Supreme Court of the United States

  20. Litigation Databases Contents

  21. Litigation Litigation Tab Page Aids the Practitioner from Case Evaluation to Case Closure

  22. Litigation Litigation MoreLitigation databases are under the Topical Materials by Area of Practice section of the Westlaw Directory. Several of the entries, such as Lawsuits Filed and Litigation Preparation Records, are Westlaw public records databases. Some of these materials can also be found on the Litigation tab.

  23. Litigation Jury Verdicts and Settlements Jury verdicts and settlements documents give the names of parties, lawyers, and expert witnesses; the type and extent of injury; the age and occupation of the injured; the nature of the negotiations; and the final award (if any) by either jury verdict or settlement to help evaluate the value of a case.

  24. Litigation Jury Instructions Databases Jury Instruction databases can be found in the Directory under Litigation in the topical section or on the Litigation tab page. Listed to the left are some of the jury instructions databases on Westlaw.

  25. Database: FL-JV Natural Language search: 25 year old male truck driver burned when radiator overheated after repair Result: At least one document with similarities to the fact pattern embedded in the search; see above. Litigation

  26. Litigation Jury Verdicts and Settlements Fields in JV-ALL • Database: JV-ALL • Jury verdict databases have unique fields. To see fields, click Fieldson the Terms and Connectors search page. • Search: “carpal tunnel”in the Summary field andval0(value 0)in the Range field. • The Range field (ra) allows you to search for documents in which the awards fall within a certain dollar range. Carpal Tunnel Defendant’s verdict

  27. Litigation Expert Witness Databases • Several databases are designed to help you locate expert witnesses in specialized areas. • Expert Witness Résumés (EXPTRESUME) gives the education, past expert witness experience, results obtained, and fees and rates of expert witnesses. • ExpertNet (EXPNET) gives biographic information on medical malpractice and personal injury experts. There is a $200 referral fee. • Forensic Services Directory (FSD) gives names and biographic data on scientific, medical, and technical experts.

  28. Litigation Expert Witness Searches Expert Witness field searches in the Jury Verdict and Settlements databases can also be used to to determine the effectiveness of a specific expert witness in past litigation or to locate expert witnesses in an area of expertise. • Database: JV-ALL • Search:ew(john /2 anders*n) • Search: ew(“vocational rehab!”) & st(mn wi ia) Polk County, Iowa Vocational Rehabilitationist

  29. Litigation Andrew’s Litigation Reporter databases Andrew’s Litigation Reporters contain short newsletter style articles on the latest developments in specific areas of litigation. They are in the Directory, under Litigation, under Newsletters.

  30. Litigation Other Litigation Materials • WestDockets® (court docket information) databases tap into courts’ docketing systems so you can determine what documents have been filed, the schedule of proceedings and appearances. The general format for the identifiers of these databases is DOC-XX-DCT, where XX is the state’s postal abbreviation. Check the directory for the exact identifier. • Litigation Preparation (LITPREP-XX) databases contain information about all business names, the type of business entity, whether the business is registered with the state and is in good standing, and the person to receive process. • Lawsuit Filings (LS-XX) databases contain records of civil lawsuits filed in 500 counties of 44 states. These databases indicate basic information concerning the lawsuit. Most of these databases cover only business civil filings.

  31. Litigation Other Litigation Materials • National Directory of Process Servers (NDPS) database lists process servers by state, city, and county. • Personal Injury Damages materials consist of more than a dozen databases covering the practical aspects of litigating various types of personal injury suits. • Alternative Dispute Resolution materials contain forms, checklists, and texts that contribute to successful negotiation and arbitration skills. • Civil Procedure and Evidence materials include federal and state rules and orders databases, as well as the Daubert Citator, Reference Manual on Scientific Evidence, and McCormick on Evidence.

  32. News Databases Contents

  33. News News West News databases are found under the Westnews News & Business section of the West Directory.

  34. News Westnews News & Business My Westlaw contains both Westnews and News and Business tab pages of frequently accessed news and business databases and services.

  35. News Current News Databases on Westlaw • More than 7,200 business financial, and news sources are provided by the Dow Jones Interactive® service. • There is up-to-date, full-text coverage of 48 of the top 50 U.S. daily newspapers. • Today’s news stories are contained in the Today’s News (TODAYSNEWS) database, which includes news from the Dow Jones News Service, The Wall Street Journal, The Los Angeles Times, the New York Times News Service, and The Washington Post. • Newswires (WIRES) databases track breaking news stories.

  36. News Frequently Used Newspaper Databases • More than 600 United States newspapers are available on Westlaw. • Most newspapers are available in multibases and in individual databases. State, regional, and comprehensive databases contain multiple individual databases. • XXNEWS (where XX is the state’s two-letter postal abbreviation) contains a state’s newspapers and articles of interest in the state. • Major Newspapers (PAPERSMJ) contains 15 of the major U.S. newspapers. • All News (ALLNEWS) contains more than 5,800 newspaper, magazine, transcript, newsletter, and journal databases. • ALLNEWSPLUS contains ALLNEWS databases, plus wire service databases.

  37. News Newspaper Databases Examples • Widely known newspapers • The Wall Street Journal (WSJ) available online exclusively on Westlaw • Washington Post (WP) • Los Angeles Times (LAT) • Lesser known newspapers • Contra Costa Papers (CONTRA-PPRS) • The Age (THEAGE) • Rocky Mountain News (RM-NEWS) • Daily Camera (BLDRCAM) • Village Voice (VILVC)

  38. News Examples of international newspapers (English or English translations) • Times of London (TMS-LONDON) • The Wall Street Journal Europe (WSJ-EURO) • Yomiuri Simbun (DYYSHIM) • Zimbabwe Independent (ZIMBINDPT) • Moscow News (MOSCOWNWS) • Turkish Daily News (TURKDLYN) • Asian Wall Street Journal (WSJ-ASIA) • Other newspapers from countries and cities such as, Brazil, Bangkok, Canada, China, Egypt, Estonia, Germany, Holland, Hong Kong, India, and Korea

  39. News Sample Searches in Newspaper Databases • Use Terms & Connectors searches when you know the terms that must be present in relevant documents. • To find a person in the news • sam! +3 tayl*r • To find a company in the news • “state farm insurance” /p flood /4 insur! • a.m.a. “american medical association” /p patient /4 right • Use field searches for even more precise searches • Title field: ti(tobacco cigarette & s****holder) • Author field: au(tony anthony /3 mauro) • Index field: in(“international monetary fund” i.m.f.) & protest!

  40. News Title: The fall of Enron/Lay sold off Enron stock to pay loans • If you are unsure of the terms that might be used in discussing your subject, use a Natural Language search in a news database. • Database: ALLNEWS • Natural Language search: “ken lay” sale of enron stock “line of credit” • Very few subjects haven’t been written about in an article in some newspaper.

  41. News Types and Examples of Other News Databases • Wire services (WIRES) • Associated Press (AP) • Reuters (RTRENGNS) • Legal newspapers (LEGALNP) • American Lawyer (AMLAW) • National Law Journal (NLJ) • Magazines (MAGAZINE) • Barron’s (BARRONS) • Business Week (BUSWK) • Forbes (FORBES) • Money (MONEY) • U.S. News and World Report (USNWR) • Mother Jones (MJONES)

  42. News Types and Examples of News Databases (continued) • Newsletters (NEWSLETTERS) • Trade magazines (TRD&IND) • Construction Industry News (WNS-CN) • Pig Farming (PGFR) • Radio and television transcripts (TRANSCRIPTS) • 48 Hours (48HOURS) • 60 Minutes (60MIN) • Oprah Winfrey Show (OPRAHWINFREY) • Notable trials (TRIALS) • O.J. Simpson Criminal Trial (OJ-TRANS) • O.J. Simpson Civil Trial (OJCIV-TRANS)

  43. News WestClip® • Use the WestClip service to monitor and quickly retrieve current news developments on a specific topic(s). • Monitor the media for references to your clients. • There is no charge for using WestClip unless continuous monitoring is selected. WestClip Result Options WestClip You can also access WestClip using the drop-down list on the toolbar and create an entry within WestClip. Add Search to WestClip option under the Results Options link, in the left frame of the Result List, can be used to add the current search to WestClip.

  44. News Edit WestClip There are default settings for how often you want your search to run, whether you want to be notified if there are no results, the destination where you will receive results, the maximum number of documents per result, the document format, e.g., a citations list or term mode pages, and more. There is an Edit link to change these default options.

  45. News • Your WestClip entry is stored in the WestClip Directory along with previously created entries. • Entries can be run, changed, or deleted at any time by accessing the WestClip Directory from the More pull-down list on the toolbar. • WestClip entries must be in Terms and Connectors format. • As many as 99 entries can be stored in your WestClip Directory. WestClip Directory

  46. Company Information and Securities Information Databases There is considerable overlap of company information and securities information databases with news and public records databases. Contents

  47. Company and Securities Information Securities Company Information Edit • Tabbed custom pages can be set up for both company information and securities materials. • These pages streamline access to the most relevant databases and services. • The tabbed pages can be edited to display the databases and services that are of specific interest to you.

  48. Company and Securities Information Company and Securities Information • There are many databases that contain information on businesses and securities transactions. • Some are directory listings that may include the local gas station as well as the giant conglomerate. • Others contain sophisticated financial information derived from registration with a state’s Secretary of State or filings with the Securities and Exchange Commission.

  49. Company and Securities Information Company Information Database Examples • Dun & Bradstreet Business Records Plus (DUNBR) contains information on the history, day-to-day operations, finances, and corporate affiliations of more than 59.4 million companies throughout the world. • Company Profiles (CO-PROFILE) lists key people, number of employees, annual sales, company divisions, and subsidiaries. • The Wall Street Journal (WSJ) contains business articles. • Daily Report for Executives (BNA-DER) • Directory of Corporate Counsel (CORP-DIR)

  50. Company and Securities Information Corporate and Other Business Directories There are approximately 35 business directories on Westlaw. They give such information as name and doing-business-as name, addresses, telephone numbers, executives, type of business, branch offices, and much more, depending on the directory. Business Directories Directories and Reference Materials AM-BUS-DIR, COMPANY, and CO-INTELL are popular business directories

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