What If You Can’t Find a Free Version of Your Case?

Posted in Australia, Canada, CanLII, Case Law, LexisNexis, Search, U.K., U.S. | Tagged , ,

Sites like this one often extol the virtues of the many free case law sites on the Web.  But the reality is that the free case law sites are just like their paid peers and no site has a comprehensive collection of every opinion.  Whether they are omitted because of age, failure of the courts to make them available, or editorial decision, not all opinions make it into legal research databases.

What do you do if you can’t find it?  The first thing is to make sure you have simplified your research as much as possible.  If you are using a free site like CanLII or LexisNexis’s free case law, review your search query.  Law librarians can probably all remember a time when a lawyer asked for a case and the party name was incorrectly spelled, or it was in the wrong court.

Before you bail out on the free sites, confirm party names or use just one part of the name (“Dominion”) rather than the entire name (“Dominion Coffee Beans, LTD”).  Just because there is a corporate name doesn’t mean that it hasn’t been abbreviated in some way.  A quick search on CanLII for Dominion Bridge returned 21 cases.  But if you search for Dom’n you get 2 additional cases that do not appear in the original 21.

Some cases de-identify cases, so Smith v. Smith becomes S. v. S.  Your case may be there but just not using the term you are looking for.  The same thing goes for legislation.  Statutes and regulations may have popular names that do not actually appear in the language of the law, and so a search using those will fail.  For example, the USA PATRIOT Act is often called the Patriot Act in Canada, but USA is part of the acronym, not a country identifier.  Focus on the content of the law and see if you can find it by using specific keywords rather than popular names.

The same goes for specific key words in cases and legislation.  If you find that you are searching for a phrase and not getting results, try starting with a single word or two.  Then slowly expand your query to fine tune your results.  This is particularly true when you are using a legal term of art, like “time is of the essence”.  There are good chances that the phrase are used just as expected, but opinions are written by individuals and they may not always use the term in the same way.

One of my favorite examples is marijuana, also known as mary jane, or spelled as marihuana.  If you are looking for cases based on a word that might have multiple spellings, see if your search site allows for wildcards to replace part of the word.  For example, if you search on CanLII for mari*uana, with an asterisk replacing the j or h, you will retrieve cases with both spellings.

If you still can’t find the case, call a law librarian and see if they can help you.  Many Canadian provinces and U.S. states have law libraries that serve the local or provincial bars.  Academic law libraries take calls from alumni.  See if someone can confirm that the case isn’t available for free, and perhaps direct you to an alternative site with the case or provide the case to you directly.

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More Realtime Search While Mobile

Posted in Android, BlackBerry, Business Information, iPad, iPhone, Mobile, Search, Twitter | Tagged , , , ,

Topsy.com is one of the best real-time search tools available.  It is one of the last still standing, surviving Google’s own realtime search effort, and third parties like Collecta.  A search on Topsy will return results from blogs, Twitter, and Google Plus (Google+).

Techcrunch reported this week that Topsy has launched a mobile site, at http://m.topsy.com.  This is a great complement to their normal Web site search, making it easy to quickly look up an expert or discussion even when you don’t have access to your computer.

 

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Get What You Ask For with Google Verbatim Search

Posted in Google, Search | Tagged ,

Google removed the + operator (used to require a specific term or phrase) recently, replacing it with using quotations.  I wasn’t sure it was an improvement, but Google has more than made up for it.  They have enabled verbatim search which will do the same thing.

For example, if you type in parole evidence (my favorite!), Google will automatically convert that to parol without the -e on the end.  Notice that it will fix it but allow you to rerun your search as originally typed:

Google Fixes Parole Evidence to Parol Evidence

Google Fixes Parole Evidence to Parol Evidence

This can be a huge help because you may have a misspelling – or your spelling may not the more common version.  But you can also force Google to take your search query as a verbatim, word-for-word.

Scroll down the left side of your Google results page.  The first set of links allows you to focus by time (Any time, past hour, …).  The second set now has a link called Verbatim.  Click it and then run your search again to have it treat your words exactly as they are spelled:

A misspelled Google search on parole evidence using verbatim search

A misspelled Google search on parole evidence using verbatim search

In this case, parole remains misspelled with an -e on the end.  Google inserts a did you mean suggestion in case you do have a spelling error.  But it means you can run a term of art or other phrase or piece of legalese without it being corrected.

Here is more from Google’s help file on using verbatim, and their announcement.  I had to laugh, though when I saw that the + operator, as much as I loved it and recommended it, was almost never used properly – only .17% of the time, according to Techcrunch.  So perhaps its disappearance was less significant than it might have been, but hopefully verbatim will fill that gap.

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When Worlds Collide

Posted in Feed Management, Google, RSS, Search

There is a constant tension for legal researchers between what makes them effective and what their information and service providers feel is commercially viable.  Since this blog is about online research, I will stay on that side of the fence, although this applies to print research just as much.  We have lived in a golden age of free research tools that supplement how we can find information.  Our paid databases are slowly improving too, although they still lag behind free Web tools significantly despite having richer content and better search.

Let’s talk about search.  Google recently decided that it wanted to use the + search operator inside its social project called Google+.  It is an eminently understandable commercial decision.  However, it takes away a tool that researchers had to limit their searches, and one that was essentially universal.  This impacts training as much as productivity.  It is a small thing, but it has an impact and it is not clear that the impact is neutral, let alone positive.  Similarly, Google has gone through a number of product changes, eliminating specialized search functionality that looked at government content, academic content, and, most recently, programming code.  Their continuing efforts to eliminate low quality content – called Google Panda – continues to impact sites that may or may not be content farms.  The difficulty this raises is that the ability of the individual expert’s content to float to the top of a researcher’s results may be diminished or, for all practical purposes, eliminated.

There has also been a love hate relationship between RSS and many commercial providers.  Google Reader, one of the last remaining RSS readers with a large following, has been rolled into the Google+ environment.  The significant resistance to this by Reader’s devotees, known as sharebros, has not diminished the fact that it remains a popular reader.  One impact has been the ability to share RSS items with others.  Reader itself no longer generates an RSS feed, since shared posts go into Google+, which does not have an RSS feed (and is very difficult to scrape, as I’ve found when I tried).  Commercially it makes sense, but it is a productivity hit.  Similarly, Facebook continues to tweak its interface and how it handles RSS, with the latest modification ringing the death knell bells for RSS again.  Admittedly, we have been hearing about the death of RSS for awhile.  Changes that negatively impact the ability for researchers to use RSS to support their information management are almost certain to diminish the utility of RSS.

Some changes, like privacy settings in the social networks, can actually benefit the legal researcher.  As more content moves into social platforms like Facebook and Google+, and their privacy settings become sufficiently complicated that the average user is likely to set them inexpertly, there will be ways to mine information that people are sharing unintentionally.  In that case, social sites are trying to make commercially sensible choices to meet their customers’ perceived needs but the complexity unravels some of the benefits.

This might seem to strengthen the argument that the future rests with paid databases, which might somehow be more stable in functionality and features.  However, online commercial legal research tools are not necessarily providing the same degree of functionality with the same ease of use as the freely available sites have.  It is an interesting tension with which to co-exist, as the commercial demands of research tools impact the productivity needs of the researcher.

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