Doing It by the Book

Doing It by the Book Doing It by the Book

How to Shepardize a Case How to Shepardize a Case Without Using a ComputerWithout Using a Computer

AgendaAgenda

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 computerUsing the computer Using the booksUsing the books

BuILder activityBuILder activity Wrap-upWrap-up

Why is it important to Shepardize Why is it important to Shepardize my cases?my cases?

You must ensure that your case is You must ensure that your case is good law before you present it to a good law before you present it to a judgejudge Judges remember the attorneys who Judges remember the attorneys who

present them with bad case lawpresent them with bad case law Shepardizing helps to discover splits Shepardizing helps to discover splits

in authority among courtsin authority among courts Locate the cases which help bolster Locate the cases which help bolster

the arguments you are makingthe arguments you are making

Why must I learn to Shepardize Why must I learn to Shepardize both ways?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 It is true that most legal personnel use Lexis to

Shepardize their cases. Shepardize their cases. Their format is easy to understand Their format is easy to understand They update their databases within 24 hours of They update their databases within 24 hours of

receiving a casereceiving a case You can set alerts to notify you when a new You can set alerts to notify you when a new

case is addedcase is added So, with all that going for you, why use a So, with all that going for you, why use a

book? book?


Well, there are two reasons to learn to “do Well, there are two reasons to learn to “do it by the book”it by the book” Many parts of learning to be a lawyer involve Many parts of learning to be a lawyer involve

doing things because others had to do them in doing things because others had to do them in the pastthe past

For example:For example: The Socratic methodThe Socratic method The Bar ExamThe Bar Exam And, yes, learning to Shepardize by a bookAnd, yes, learning to Shepardize by a book

Is this fair, probably not, but it is the way Is this fair, probably not, but it is the way things are in the law school communitythings are in the law school community

But, I said that there were two reasons...But, I said that there were two reasons...


The second reason is the important oneThe second reason is the important one Think about how a law firm works, as a Think about how a law firm works, as a

junior associate, do you get the choice junior associate, do you get the choice assignments?assignments?

The answer is no!The answer is no! You get sent to the courts that no one else You get sent to the courts that no one else

in the firm wants to visitin the firm wants to visit These courts are usually out of the way and These courts are usually out of the way and

rather limited in their facilitiesrather limited in their facilities Picture the following scenarioPicture the following scenario


You are in court located in a rural community You are in court located in a rural community in Northeastern New York State (that’s in the in Northeastern New York State (that’s in the mountains for those not from New York)mountains for those not from New York)

Right before the lunch break, opposing Right before the lunch break, opposing counsel quotes a case that you’ve never counsel quotes a case that you’ve never heard of to the judge as the final authority on heard of to the judge as the final authority on your caseyour case

You need to find out all you can about this You need to find out all you can about this case in less than an hour so that you can case in less than an hour so that you can argue against it after lunchargue against it after lunch


You run up to the court’s law library. You run up to the court’s law library. Guess what, they don’t offer Lexis because Guess what, they don’t offer Lexis because they don’t have the budget for it.they don’t have the budget for it.

You call your firm, but everyone is at lunchYou call your firm, but everyone is at lunch Do you want to call your partner who has Do you want to call your partner who has

been practicing law for over 30 years and been practicing law for over 30 years and tell him that you are stuck? tell him that you are stuck?

Trust me, you don’t want to do that, Trust me, you don’t want to do that, because he learned to Shepardize using a because he learned to Shepardize using a book and that is what he will tell you to dobook and that is what he will tell you to do


Luckily, you remember what we will Luckily, you remember what we will earn today in this class. You know earn today in this class. You know how to Shepardize using a book!how to Shepardize using a book!

You can confidently approach the task, You can confidently approach the task, get it done in less than an hour and get it done in less than an hour and face the judge with your new face the judge with your new argument in placeargument in place

Those are the successes that make the Those are the successes that make the difference between the partnership difference between the partnership track and looking for a new firmtrack and looking for a new firm


What are the chances of this scenario What are the chances of this scenario happening to you?happening to you?

In your first few years of practice, actually In your first few years of practice, actually quite good.quite good.

Do you want to take the chance that you Do you want to take the chance that you can’t provide top service to your client?can’t provide top service to your client?

Do you want to take the chance that Do you want to take the chance that opposing counsel wins because you are opposing counsel wins because you are caught off guard?caught off guard?

I didn’t think so!I didn’t think so!

Your assignmentYour assignment

Each of you will receive a different Each of you will receive a different Supreme Court case to ShepardizeSupreme Court case to Shepardize

You will complete the BuILder for this You will complete the BuILder for this session using your laptop computer and session using your laptop computer and the Shepard’s United States Citations the Shepard’s United States Citations booksbooks

As you work your way through the As you work your way through the exercise, answer the questions on your exercise, answer the questions on your worksheet worksheet

We will discuss them at the end of classWe will discuss them at the end of class

Your assignmentYour assignment

This is a tough assignment, but you This is a tough assignment, but you will benefit greatly from learning the will benefit greatly from learning the processprocess

At the very least, some day when At the very least, some day when you are a partner, you can tell a you are a partner, you can tell a junior associate that you had to learn junior associate that you had to learn to Shepardize using a book and so to Shepardize using a book and so should theyshould they

Good luck!Good luck!

Wrapping UpWrapping Up

What are your thoughts on the What are your thoughts on the processprocess Was it as hard as you thought it would Was it as hard as you thought it would

be?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 If you had to do it again, do you think

you could Shepardize using a book?you could Shepardize using a book? How much more do you appreciate How much more do you appreciate

using Lexis?using Lexis?

Doing It by the Book

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