Fisher, Christine

English

St. John's University School of Law

St. John's Law Review Volume 70 Number 1 Volume 70, Winter 1996, Number 1 Article 15 March 2012 Evolving Technology and Law Library Planning Christine Fisher Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview Recommended Citation Fisher, Christine (1996) "Evolving Technology and Law Library Planning," St. John's Law Review: Vol. 70 : No. 1 , Article 15. Available at: https://scholarship.law.stjohns.edu/lawreview/vol70/iss1/15 This Symposium is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact selbyc@stjohns.edu. EVOLVING TECHNOLOGY AND LAWLIBRARY PLANNINGCHRISTINE FISHER*INTRODUCTIONAs I sat at the computer gathering my thoughts for today'spresentation, I searched for a way to be certain that I wouldcompliment and not repeat the previous speakers' comments.How does one do that? How does a law firm librarian predictwhat three academic librarians are going to say on any topic,much less technology and law library planning? Do librariansever see things the same? I believe I have answered my ownquestions, and will continue hoping to be as informative as thosebefore me have been.I. EVOLVING TECHNOLOGY & LAW LIBRARY PLANNING: A LAWFIRM PERSPECTIVEThe key to successful planning in any library is understand-ing your users, which is not an easy task. One must determinewhat they want, what their skills are, what will be needed tomeet their demands, and how to get the resources necessary tomeet these demands. We must look to the current and evolvingtechnology to assist in this endeavor. Whether our users arelawyers, faculty, students, or administrators, or whether we aredealing with vendors, publishers, or our own MIS departments,'* Christine Fisher is the law librarian for Sullivan & Cromwell's New York Cityoffice.1 The Management Information Systems (MIS) department in a law firm con-sists of automated equipment and the staff and resources necessary for the properoperation of that equipment. When a network is installed in a firm, the MIS re-sponsibilities typically include conducting long range planning and budgeting ofautomation costs, analyzing and designing systems for the uses of new technologysuch as those discussed in this speech, securing the firm's data, providing for main-tenance, back-up, and archival of online data, and assuming responsibility for tele-communications and information services. FROM YELLOW PADS TO COMPUTERS 194ST. JOHN'S LA W RE VIE Wtechnology and information are the ever-changing constants.What do we have to do as information professionals? Howdo we plan for the future of our libraries? What shape will ourinformation centers of the future take? One thing is certain, ourusers will hold the answers.What are we doing at Sullivan & Cromwell2 to find these an-swers? We are bringing choices to the lawyers' desktops, includ-ing networking CD-ROM's,3 investigating firm-wide access to theInternet,' migrating to a new library automation system, upgrad-ing our work-product database, and testing value-added infor-mation products which turn data into maps, charts, and reports.In order to make these advancements and keep pace withthe users' demands, the library will play an important role inlong range planning for the firm. We began our planning bylooking at services, staffing, space, and lastly, budgeting forchange. At Sullivan & Cromwell, we are developing tools tomeasure how currently provided services will be impacted bytechnology. For example, once our fall menu of CD-ROM prod-ucts is networked to all nine of our offices world-wide, we mustdetermine if each satellite library will require an onsite librarycollection of redundant sources. How CD-ROM technology will(Kathryn M. Braeman & Fran Shellenberger eds., 1991).2 Sullivan & Cromwell is a large law firm with offices throughout the world,specializing in complex corporate finance transactions and litigation. DIRECTORY OFLEGAL EMPLOYERS 852 (National Association for Law Placement ed., 1995).3 Short for "Compact Disc, Read Only Memory," CD-ROM is a form of informa-tion storage which uses laser optics to read data. The use of laser optics allows forinstant retrieval of documents with the input of key words or phrases. Because eachCD can store over 250,000 typewritten pages, they are increasingly being used toretain large data files such as entire collections of law books and case law. See CD-ROM, MICROSOFT ENCARTA (Microsoft Corporation 1994); MARY ANN MASON &ROBERT HARRIS, USING COMPUTERS IN THE LAW 228 (3rd ed. 1994). See also FROMYELLOW PADS TO COMPUTERS, supra note 1, at 299; Barry D. Bayer & Benjamin H.Cohen, A Fifty Dollar Court Database on CD-ROM, LAW OFFICE TECH. REV., Apr. 5,1995, available in WESTLAW, 1995 WL 224104.4 Known as the electronic information superhighway, the Internet is a commu-nications network designed to transmit information over communication lines. Theinternet is comprised of a collection of millions of computers, tens of thousands ofnetworks, millions of users, cables, phone lines, satellite transmissions, standards,and protocols. NANCY R. JOHN & EDWARD J. VALAUSLAS, THE INTERNETTROUBLESHOOTER 135 (1994). It is used in online searching to and from the com-puter of the commercial search service and the searcher's own computer terminal.HENRY H. PERRITT, JR., How TO PRACTICE LAW WITH COMPUTERS, 377-78 (1992).See also BENNET FALK, THE INTERNET ROADMAP (1994). The Internet offers infor-mation access and also a fast, inexpensive means of communicating with the generalpublic. Id. at 4.[Vol. 70:181LA WLIBRARYPLANN1NGchange the way our lawyers do business is a fundamental ques-tion yet to be answered. As the use of these products increase,will our dependency on print or online resources5 diminish? Aslibrarians and information professionals, we have a responsibil-ity to our users to run parallel systems, whether they be printand online, print and CD-ROM, or CD-ROM and online, until ourusers feel comfortable with the most cost-effective and compre-hensive combination. A one system approach will never be ac-ceptable. Once an information resource has proven acceptable toour users, we will have the data necessary to make informed de-cisions as to which materials are no longer required in print oronline. We are currently looking at Shepard's,6 CCH's,7 report-ers, 8 and second sets of major treatises as prime candidates to be" Online refers to direct interactive communications between a user and a com-puter through the use of a modem, which allows transmission of information overtelephone lines. GREG BYERLY, ON LINE SEARCHING 79 (1983). Online services areused by lawyers and other legal personnel to conduct computer-assisted legal re-search (CALR). Technically, CALR refers both to the public, commercially availablelegal databases such as WESTLAW and LEXIS, and the private collection of docu-ments that each law firm gathers to prepare for litigation, or to maintain reference.MASON, supra note 2, at 228.The most commonly used online services for CALR are LEXIS and WESTLAW.LEXIS services are the leading full-text computer-assisted legal research services.WESTLAW is a computer assisted legal research service provided by West Publish-ing Company. These services contain, among other things, the full text of reportedcases, federal and state statutes and administrative and regulatory materials, alarge collection of secondary legal authority, and citation programs. See STEVEN L.ElANUEL, LEXIS FOR LAW STUDENTs (1994); ANNE LARSEN OLSTAD & GARY F.PETER, DISCOVERING WESTLAW: THE ESSENTIAL GUIDE (1994).6 Shepard's is a "system of citations that allows users to determine the prece-dential value of caselaw and the ongoing validity of constitutions, statutes, codes,court rules, and other authorities." 4 SHEPARD'S UNITED STATES CITATIONS V (7thed. 1994). Using the written volumes, Shepard's Citations requires a process knownas shepardizing, which consists of looking in the proper book and proper division ofthat book which corresponds to the reporter in which that case was published, thenreferring to the volume and page number of the case. Id. The citations following thatpage number represent instances in which the case has been cited in subsequentdecisions. Id. To locate all such subsequent citations, it is necessary to examine allbound and soft-covered supplements to the Shepard's book being used. Id. Thiscomplicated process is archived on WESTLAW or LEXIS and can be completedsimply by pressing the "Shepardize" button.Commerce Clearing House Inc., publishers of topical law reports.Reporters are published volumes of judicial case decisions by a particularcourt or group of courts. BLACK'S LAW DICTIONARY 1300 (6th ed. 1990). Examples ofofficial reporters include the United States Reporter, the New York Reporter, andthe California Reporter. Unofficial reporters, published by West Publishing Com-pany, include the Supreme Court Reporter, The Northeast Reporter, and The PacificReporter. See THE BLUEBOOK A UNIFORM SYSTEM OF CITATION (15th ed. 1991).1996]ST. JOHNIS LAW REVIEWreplaced by CD-ROM, should the medium prove to be a successon our network. At present, however, we have had strong resis-tance to a CD-ROM only approach to collection development. Itis therefore difficult to predict what library services will look likein the next five years.It is not impossible, however, to determine how the onlinesources at the lawyers' desktops have impacted the growth ofnew print and electronic products. Even when our lawyers haveevery conceivable resource available at their desktops, the li-brary will continue to support these sophisticated "cyberlawyers"in the search for new answers. The Internet, for example, is avast collection of networks containing more information than wewill ever know what to do with. At Sullivan & Cromwell, we areinvestigating firm-wide access to the Internet, with E-Mail9 asthe lawyers' first exposure to this technology. Meanwhile, thelibrary staff at Sullivan & Cromwell is working on designingmenus and gophers ° specific to our research, thereby creatingour own custom "Sullivan & Cromwell Internet in a Box."II. STAFFINGTraining lawyers to use new information products is a criti-cal responsibility that should not be taken lightly. We must re-train our staffs to be the experts, increasing our visibility withinthe firm. As our users become more adept at gathering informa-9 Short for electronic mail, E-Mail is a method of sending files, such as letters,to another computer or terminal. "Since different computers and terminals normallycannot understand one another, a translator program lets them communicate bypassing through a central controller." FROM YELLOW PADS TO COMPUTERS, supranote 1, at 299. The American Bar Association has set up an electronic communica-tions network, called ABA/net, to serve as an electronic post-office and conferencecenter. MASON, supra note 2, at 24. There are two basic types of E-Mail in wide usetoday: in-house systems on the Local Area Network (LAN), and those that are out-side services such as ABA/net, Internet, or CompuServe Information Services. Id. at15.E-Mail is useful in the law office because one can avoid telephone tag by leavingwritten messages on the electronic switchboard while sending documents fasterthan with any other form of communication without printing a hard copy. Id. at 24.For an interesting transcript of a conference on E-Mail in law practice, see I.TROTTER HARDY, THE EFFECTS OF ELECTRONIC MAIL ON LAW PRACTICE AND LAWTEACHING (1994).10 A gopher is a resource retrieval tool, developed in 1991 at the University ofMinnesota and named after the School mascot, which will search online services oryour computer hard drive for an online area or a particular document. JOHN, supranote 4, at 134. See also FALK, supra note 4, at 152.[Vol. 70:181LA WLIBRARYPLANNINGtion on their own, the library staff will become more involvedwith the processing of information into finished products. Wewill become "information consultants" to our clients, the"information consumers."At Sullivan & Cromwell, the Library is currently involved inevery stage of our pre-packaged bank merger cases. We provideour lawyers with demographic and market data in reports thatare uploaded directly into the Federal Reserve Board submis-sions.1 We are also experimenting with downloading bankbranch data into mapping software which will create charts ormaps representing each bank's market for antitrust analysis.This high level of exposure to a particular research assignmentwill result in added staffing in the library, sometimes replacingsome junior associates and paralegals.As a result, we plan to add experts with technical back-grounds or interests in areas such as desk-top publishing orgraphics design. The lines between litigation support, practicedevelopment, computer support and the library staffs will inevi-tably begin to overlap. We must, however, be prepared for theserequests or risk being left out of the information loop.III. SPACEEven in the age of the "virtual library," we should alwaysplan for a physical place where people can go to have questionsanswered and services provided. As traditional sources becomeavailable electronically, however, cost savings can be realized byreducing the number of printed copies and the space that theyoccupy. During our five year plan at Sullivan & Cromwell, weproject that during a three year parallel test we will target re-dundant sources and monitor usage of both print and electronicmaterials. Over the next two years, as our lawyers become com-fortable with the technology and as the stability of the firm'stechnological infrastructure improves, we will gradually reducethe number of printed sources. As fewer lawyers require libraryresearch space, it becomes unnecessary to devote such a high" Federal Reserve Board submissions are required to obtain approval for trans-actions subject to the Holding Company Act, Control Act and Merger Act. EdwardD. Herlihy et al., Bank Mergers and Acquisitions: Arriving At A Successful Deal, inBANK MERGERS AND AcQuISrrIoNs 1993: A YEAR OF INCREASING FRANCHISECONSOLIDATION, at 371 (PLI Corp. L. and Practice Course Handbook Series No. B4-7078, 1994) available in WESTLAW 858 PLI/CORP 363.1996]ST. JOHN'S LA W REVIEWratio of seats per lawyer in the library. The library would thenreallocate this space for added personnel and information tech-nology.IV. BUDGETINGLastly, we turn to dollars and planning. As I have ex-plained, we must run parallel systems while we move toward theuse of evolving technology. This will result in duplicate spendingand additional costs for testing new technologies.At Sullivan & Cromwell, we are currently addressing theimportant cost considerations inherent in implementing ourplans. Included in these considerations are site li-censes/concurrent users, print pricing mentality/duplication, andpersonnel.1. Site licenses/concurrent users: How are the vendors pric-ing their CD-ROMs, especially when used in a network system?We must convince vendors to base their structure on concurrentusers and to view the firm as an entity and not as separate anddistinct entities before we can seriously consider adding theirproducts to our network of users.2. Print pricing mentality/duplication: Information should bepriced the same regardless of which medium is purchased anddiscounts should apply for buying any combination of print orelectronic media.3. Personnel: Whether we will need a larger or smaller sup-port staff in our "virtual library" remains to be seen. We haveplanned for additional personnel to staff the library 24 hours aday so that we can offer expert assistance to all users, regardlessof their time zone. We are currently testing flexible staff timeand telecommuting 2 as cost-effective solutions to staffing budg-ets.CONCLUSIONOur challenge is to make informed decisions in these and12 Telecommuting is the use of LAN, E-Mail, and online services from one's per-sonal computer. It can be used from the lawyer's home, connected to the telephoneline, to allow communication with computers anywhere. The lawyer can accessneeded information from his law office's electronic files and LEXIS or WESTLAW,and electronically relay the results of his search to his client or to his office forprinting and filing. This can all be achieved without moving from the computerterminal. MASON, supra note 3, at 21-23.[Vol. 70:181LA W LIBRAR Y PLAAWINGmany other areas. Who is better equipped to offer this supportto our institutions than the Information Center? We need to letour publishers and vendors know of the impact we make in ourinstitutions. Therefore, they need to listen to our suggestions aswe take a proactive approach in planning our libraries. Ourchallenge is to let the suppliers know what we need and convincethem that providing us with the best choices for our users willalso be good for them.In every phase of planning for our library's future I find thatpersistence is critical. I leave you, therefore, with this:"PERSISTENCE: The act of persisting. The quality of beingpersistent; perseverance; tenacity." 3 And in the words of Win-ston Churchill, "fflou have only to endure to conquer.""13 AMERICAN HERITAGE DICTIONARY OF THE ENGLISH LANGUAGE 978 (1969).14 WINSTON S. CHURCHILL, HIS COMPLETE SPEECHES, 1892-1963, Vol. III(Robert Rhodes James ed., 1974).1996]

Evolving Technology and Law Library Planning

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Evolving Technology and Law Library Planning

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