Doing It by the Book How to Shepardize a Case Without Using a Computer

Agenda Why is it important to Shepardize? Why is it important to Shepardize? Why must I learn to do it both ways? Why must I learn to do it both ways? Using the computer Using the computer Using the books Using the books BuILder activity BuILder activity Wrap-up Wrap-up

Why is it important to Shepardize my cases? You must ensure that your case is good law before you present it to a judge You must ensure that your case is good law before you present it to a judge Judges remember the attorneys who present them with bad case law Judges remember the attorneys who present them with bad case law Shepardizing helps to discover splits in authority among courts Shepardizing helps to discover splits in authority among courts Locate the cases which help bolster the arguments you are making Locate the cases which help bolster the arguments you are making

Why must I learn to Shepardize both ways? Isn’t using a computer the way to go? Isn’t using a computer the way to go? It is true that most legal personnel use Lexis to Shepardize their cases. It is true that most legal personnel use Lexis to Shepardize their cases. Their format is easy to understand Their format is easy to understand They update their databases within 24 hours of receiving a case They update their databases within 24 hours of receiving a case You can set alerts to notify you when a new case is added You can set alerts to notify you when a new case is added So, with all that going for you, why use a book? So, with all that going for you, why use a book?

Why must I learn to Shepardize both ways? Well, there are two reasons to learn to “do it by the book” Well, there are two reasons to learn to “do it by the book” Many parts of learning to be a lawyer involve doing things because others had to do them in the past Many parts of learning to be a lawyer involve doing things because others had to do them in the past For example: For example: The Socratic method The Socratic method The Bar Exam The Bar Exam And, yes, learning to Shepardize by a book And, yes, learning to Shepardize by a book Is this fair, probably not, but it is the way things are in the law school community Is this fair, probably not, but it is the way things are in the law school community But, I said that there were two reasons... But, I said that there were two reasons...

Why must I learn to Shepardize both ways? The second reason is the important one The second reason is the important one Think about how a law firm works, as a junior associate, do you get the choice assignments? Think about how a law firm works, as a junior associate, do you get the choice assignments? The answer is no! The answer is no! You get sent to the courts that no one else in the firm wants to visit You get sent to the courts that no one else in the firm wants to visit These courts are usually out of the way and rather limited in their facilities These courts are usually out of the way and rather limited in their facilities Picture the following scenario Picture the following scenario

Why must I learn to Shepardize both ways? You are in court located in a rural community in Northeastern New York State (that’s in the mountains for those not from New York) You are in court located in a rural community in Northeastern New York State (that’s in the mountains for those not from New York) Right before the lunch break, opposing counsel quotes a case that you’ve never heard of to the judge as the final authority on your case Right before the lunch break, opposing counsel quotes a case that you’ve never heard of to the judge as the final authority on your case You need to find out all you can about this case in less than an hour so that you can argue against it after lunch You need to find out all you can about this case in less than an hour so that you can argue against it after lunch

Why must I learn to Shepardize both ways? You run up to the court’s law library. Guess what, they don’t offer Lexis because they don’t have the budget for it. You run up to the court’s law library. Guess what, they don’t offer Lexis because they don’t have the budget for it. You call your firm, but everyone is at lunch You call your firm, but everyone is at lunch Do you want to call your partner who has been practicing law for over 30 years and tell him that you are stuck? Do you want to call your partner who has been practicing law for over 30 years and tell him that you are stuck? Trust me, you don’t want to do that, because he learned to Shepardize using a book and that is what he will tell you to do Trust me, you don’t want to do that, because he learned to Shepardize using a book and that is what he will tell you to do

Why must I learn to Shepardize both ways? Luckily, you remember what we will earn today in this class. You know how to Shepardize using a book! Luckily, you remember what we will earn today in this class. You know how to Shepardize using a book! You can confidently approach the task, get it done in less than an hour and face the judge with your new argument in place You can confidently approach the task, get it done in less than an hour and face the judge with your new argument in place Those are the successes that make the difference between the partnership track and looking for a new firm Those are the successes that make the difference between the partnership track and looking for a new firm

Why must I learn to Shepardize both ways? What are the chances of this scenario happening to you? What are the chances of this scenario happening to you? In your first few years of practice, actually quite good. In your first few years of practice, actually quite good. Do you want to take the chance that you can’t provide top service to your client? Do you want to take the chance that you can’t provide top service to your client? Do you want to take the chance that opposing counsel wins because you are caught off guard? Do you want to take the chance that opposing counsel wins because you are caught off guard? I didn’t think so! I didn’t think so!

Your assignment Each of you will receive a different Supreme Court case to Shepardize Each of you will receive a different Supreme Court case to Shepardize You will complete the BuILder for this session using your laptop computer and the Shepard’s United States Citations books You will complete the BuILder for this session using your laptop computer and the Shepard’s United States Citations books As you work your way through the exercise, answer the questions on your worksheet As you work your way through the exercise, answer the questions on your worksheet We will discuss them at the end of class We will discuss them at the end of class

Your assignment This is a tough assignment, but you will benefit greatly from learning the process This is a tough assignment, but you will benefit greatly from learning the process At the very least, some day when you are a partner, you can tell a junior associate that you had to learn to Shepardize using a book and so should they At the very least, some day when you are a partner, you can tell a junior associate that you had to learn to Shepardize using a book and so should they Good luck! Good luck!

Wrapping Up What are your thoughts on the process What are your thoughts on the process Was it as hard as you thought it would be? Was it as hard as you thought it would be? What did you learn about your case? What did you learn about your case? If you had to do it again, do you think you could Shepardize using a book? If you had to do it again, do you think you could Shepardize using a book? How much more do you appreciate using Lexis? How much more do you appreciate using Lexis?