9. Threat Modeling
What do you want to protect?
Who do you want to protect it from?
How likely is it that you will need to protect it?
How bad are the consequences if you fail?
How much trouble are you willing to go through in order to try to prevent
those consequences?
https://ssd.eff.org/en/module/introduction-threat-modeling
10. Password Managers
1Password
Free for Mobile Devices
Free Browser Extensions
$64.99 for Desktop
LastPass
Free for Mobile Devices
Free Browser Extensions
$12.00 a year for Desktop
11. Increasing Use of Free Legal Research Sources
ABA survey on which formats lawyers use for legal research.
12. Casemaker
Free if you join the Ohio State Bar Association
Primary Law for 50 states
Statutes
Regulations
Cases
Simple Cite Checker
Ohio Jury Instructions
No Secondary Sources
13. Fastcase – Two Products
Primary Law
Free with Columbus Bar Association
Membership
National Treatises
Available in Franklin County Law
Library Computer Labs
14. Is Everything on the Free Internet?
All the Primary Law
Has some sources Wexis and Casemaker/Fastcase don’t
Franklin County Law Library Guide – Free Websites for Legal Research
16. Primary Law (Quick Links)
http://fclawlib.libguides.com/freewebsites/primarylaw
Case Law
US Code
State Statutory & Administrative Codes
US Administrative & Executive
20. Sources
Advantages
Cost
Being able to link and share
Some info that isn’t available
anywhere else
Disadvantages
Lack of edited secondary sources
Judges have access to Westlaw and
Lexis
“Googling” is not enough!
21.
22. The Hidden Web
Some info not available on Casemaker, Fastcase, Westlaw or Lexis
Info you won’t find with Google
Not “dark” web
23.
24.
25. Building Codes
Referenced in
Ohio Administrative Code
Columbus City Code
Full-text at link from FCLL website
28. Franklin County Clerks
Municipal Court
One website for Clerks & Court
No E-filing
CASE Network
Common Pleas
Separate from Court
E-filing
Case Information Online
29. Pacer
Good example of Hidden Web & Big Data
Access to Federal District Court decisions not available anywhere else
Cases
Dockets
E-Filing
Pacer.gov
30. The Future
Judicata.com – Filters by motion
Ross – Artificial Intelligence Powered Legal Research
Ravel – Trial court judge searches
31. Conclusions
Other systems are catching up to Wexis.
Paying for convenience.
Search for hidden content.
Big Data
Start with what you have.
Come to Franklin County Law Library when you need more.
Handouts, Evaluations forms and sign in for CLE credit. What is CLE #? I’m a reference librarian. I have a JD and Master’s in Library Science. I previously worked at Capital Law School and I taught legal research at the Ohio State University Moritz College of Law. Also worked at UT. I did this same titled program last year, but content is quite different now.
Free legal research app market has stalled. Problem is that developers tend to put an app on the app store and then abandon it.
Not free. With Trial Director app, you need the Trial Director software for your computer. The TranscriptPad app is available for $89.99 from the
Definition – your data is stored on remote servers accessed from the internet. Way to get away from flash drives, that attorneys always forget and leave plugged into the computers in the library computer labs. In 2014, Microsoft and Google said that the cloud was safe. Dropbox is a free way to store files and folders and copy, move and download and upload between Ipad, Iphone and PC. Can move between Apple and PC devices. Dropbox does add a layer of encryption to your files. Amazon Prime has a free photo backup feature. Safety?
From the Electronic Frontier Foundation. As an attorney you want to think about unsecured copies floating around in the cloud.
After you’ve made your threat assessment, you may decide you need a password manager. You have one really hard password that’s entered into the app. Convenient because you no longer have to remember any passwords. No paper copies of all the different passwords you use. No variations of the same password, which makes it really easy for hackers. 1Password is reportedly easier. Also firm wide licenses.
Go through the percentages. CD- Roms staying at 1%. Attorneys like cd-roms, but publishers aren’t making them and computers don’t have cd-rom drives. Print materials were back up to 13% in 2015. Print materials may go up a little more as attorneys see the value of indexing, editing and expert commentary. WL and Lexis down to 34%. Free sources hovering at 50%. Going up. This graph is not exclusive. Some attorneys use all of these different sources. Attorney who uses one sources likely to use another one.
Low cost databases aren’t even part of the preceding graph. bout $300 a year. Some attorneys think that’s too much. The reason that you see the numbers for Westlaw and Lexis going way down. Available if you have an internet connection. Some attorneys don’t trust it, because the search engine isn’t that good.
Dues vary from $160 for new members to $260 for members admitted to the practice law in 2011 or before. Same as CaseMaker, except no jury instructions. The product from the CBA does not include secondary sources. Wolters Kluwer and Aspen Publishing. Can click directly to case law mentioned in the footnotes. Not available on Lexis or Westlaw. Our product does not include Ohio Secondary sources. Two products would be pretty good. App is no good. CaseMaker and Fastcase are really giving Lexis and Westlaw a run for their money.
Casemaker and Fastcase can be inexpensive because they get their info from the free internet. Exceptions – Jury Instructions on Casemaker Cite checking? Secondary Sources Digest.
Website address is on your handout. Example of a “curated website”. Things uniquely helpful to Franklin County attorney and residents. Show by cursor where different things are on the website, but don’t CLICK! Library Catalog. Legal Research Guides. Ebooks. Links. These are sites not deeply indexed by Google. Links to Clerks of Courts of Franklin County Common Pleas Courts and Clerks and Franklin County Municipal Court Clerks. Local Rules, E-filing for Common Pleas. Ask a Question. We do research for attorneys by email. The more specific you are, the better the results will be.
Click on link to show Free Websites for Legal Research Link (Primary Law – Quick Links). Make sure wireless is connected. Click through to show various pages that give the info that Casemaker does and the info that Casemaker does not have. Except jury instructions. No cite checker, but you can run a search in Google Scholar to see if your case has been cited by other cases. But can save your research on Fastcase and Casemaker.
Change? Just use the link to in slide 12.
Remove slide? Just make it part of internet slide 12?
Codes. Ohio.gov. Lawriter is parent company for Casemaker. Same info, but packaged differently. I like this version of the codes because you can get a link and email it to someone else, or I use it in my research guides. Very up to date. .
Example of a source available no where else – Ohio administrative decisions. Lack of cite –checking.
But, seriously, Google is a good search engine! Google Search Engine sometimes better than paid services. Attorneys need to think about this. Anybody can do a Google search. Lawriter results show up in a google search. Same primary law that is on Fastcase and Casemaker, but not in one place. It is a great to start, because you don’t need terms of art. Example – attorney wanted Request for Production of Documents example in an accountant malpractice case. We couldn’t find anything exactly on point on Lexis or Westlaw. I did a Google search for “discovery in an accountant malpractice case” and found a pdf from the ABA that was exactly what he needed. You can get an idea of what the law is, but not precisely what the law is. This is what your clients are searching. They think they already know what the law is. Secondary sources are just lawyer’s opinions, unedited. Some law review articles, though.
Also called the invisible or deep web. To illustrate the distinction, consider how simple it is via a standard search engine query to find basic information on the website of a government agency. However, the actual wealth of resources “hidden”
within the pages of the website itself can only be found by searching the resources or databases on the web page. For example, the Library’s website has a link to our library catalog. You can search it to see what books we have in our library. However, Google does not index which books are in our library. Dark web is websites that are publicly visible, but hide their IP addresses of servers that run them. Used for criminal activity.
Ironically, Google does not search through the articles or case law in google scholar.
Another example of deep web. Not available anywhere except the internet. Very important part of the law. Free.
Referenced in the OAC, but must look at these websites for full text of the Fire, Residential, Building, Mechanical and Plumbing Codes.
Can only access our ebooks by putting in your library card number. Disappears from your computer after two weeks. We have a guide on our website explaining how to do it. Website address for OSBA ebooks is on your handout.
Dockets, etc. New Slide? Case information online is classic hidden web. Municipal Court CASE Network Records Search. My libguide also contains links to the Franklin County Municipal Court, which has lots of hidden, very useful information. Unlike the Common Pleas Court, the Municipal Court doesn’t have a separate website from the Municipal Court Clerk’s office. It’s all fcmcclerk.com. I keep finding more information on fcmcclerk.com. Clerk.franklincountyohio.gov,- use Chrome. It does not look in Internet Explorer.
Fccourt.org. Underlining leads to my libguide page on the courts and clerks. Distinguish between Courts and Clerks.
Google will certainly find pacer.gov, but until you have an account and login, you won’t be able to search. They will not come up in Google search results. Many cases on Pacer are also not available on Lexis or Westlaw or Casemaker or Fastcase. Access to case information costs $0.10 per page. The cost to access a single document is capped at $3.00, the equivalent of 30 pages. The cap does not apply to name searches, reports that are not case-specific, and transcripts of federal court proceedings. By Judicial Conference policy, if your usage does not exceed $15 in a quarter, fees are waived. At one time, the fees were considered the really bad thing about Pacer, now it’s the fact that Google doesn’t search it that makes it inconvenient. Aaron Swartz tried to make Pacer available for free. He has investigated for Computer Espionage and Theft of State Secrets by the FBI. Committed suicide. Original thinking of Westlaw and Lexis was that these cases on pacer didn’t have precedential value because they weren’t selected for publication by the courts. Now, the thinking is that this cases are valuable for other reasons – have to write good motions in federal court, information about the parties.
An understanding that we want to look at cases for more reasons than just for their precedential value. We need subject and judge filtered searches of dockets and Franklin Case Info Online. Privacy! Putting Data under a microsope! Judicata.com – what is a winning Motion for Summary Judgment? Ross is Turbo Tax for legal issues. Westlaw and Lexis strip out reference to the trial court judge. Topic modelling as a way of tagging words in documents to make them more accessible. Law librarian Stephanie Davidson is working on this for EPA decisions. Way of making the Judge and Motion fields more useful. Is the future of Law in the hands of Computer Programmers? Or at least lawyers who are computer programmers. At the very least, lawyers need to be their own IT person. Ross- expert systems that can ask questions of clients to make a really good will or trust. Psychologists have found that people would rather talk to a computer about their emotional problems rather than a human therapist, partly because the computer is not judgmental. Can computers replace experts.
Other systems are catching up The handout and powerpoint will be posted on my Ohio Primary Sources Libguide and my Ohio Secondary Sources libguide. We are videotaping, so we will post that too.
Phone and email research service. Be as specific as possible about what you want. Thank you for listening. Please fill out the evaluation forms and note your time leaving for CLE – will be 1:15pm. Also sign up for our future Brown Bag seminars. Brochures are on the table. CLE # is 000325098.