I was reading an interesting piece on commoditization (fascinating history of the toaster!) which made me think about the many options for primary law available on the Web. Fee-based publishers take this public domain content and add editorial information to it, but at its heart, a case is a case.
When I think of the legal publishing market and case law, I usually think of it in three tiers, of relatively comprehensive national coverage. First, there is the free tier, with sites like the Legal Information Institutes (Cornell for the US, CanLII, BAILII, AustLII, WorldLII, etc.). Usually accessible with a search and ability to browse, each of these sites has a relatively shallow collection of case law, depending on funding and ability to collect older content.
CanLII is an interesting duck, actually. It is more of a hybrid between the first and free tier and the second or middle tier. The middle tier isn’t free. They are substantially less expensive than Westlaw or LexisNexis or other online legal resources, and they have far less content. They tend to be competitive, though, on case law. These products are primarily in the US, and include Fastcase.com (and its free version at Public Library of Law), Wolters Kluwers Loislaw, Versuslaw. Some other sites include Justis (UK) and Casetrack (UK) and the free Jade (Aus) (here are my thoughts on Jade).
Many lawyers are paying for access to one of these mid-tier services already. Canadian lawyers underwite the cost of CanLII, even though it is available for free to the public. The stable funding source may explain why it has a citator-like tool, called Reflex, and other enhancements. Lawyers in small firms in Saskatchewan and many lawyers in Ontario can get free access to LexisNexis from their desktops as well, supported by their membership dues.
US lawyers are likely to have access to Fastcase, which is a member benefit at 19 bar associations, or Casemaker, available at more than 20 bar associations but without a consumer version. Collexis has rolled out a version for law students and faculty at CasemakerX.
When you are reviewing your case law options, or if you are looking outside your normal jurisdiction, consider that you may already be paying for one or more online services through your member dues to your professional association or could get access to an inexpensive alternative.
