Business advisor explains what services litigators need to overcome research hurdles in ‘new normal’
The research side of litigation can kill a lawyer’s productivity. Determining where to get started can be difficult enough, but then there are countless hours spent poring over textbooks, searching through personal files, and reviewing caselaw, to find what looks like the best precedent from which to build a litigation strategy. Sometimes, after doing all that work, you may learn that your research is out of date and you have to start all over again. Many firms and practice groups have developed their own solutions, keeping relevant resources and precedents in centralized libraries often in print or on network based internet platforms, creating silos of knowledge that are inaccessible to other practice groups within the firm. This strategy relies on the specific knowledge of their practice area team members to create some efficiency.
That siloed process might have worked in the old world, before COVID-19 shifted every litigator to a remote practice. Now the tools of that era are literally out of reach and litigators need new solutions to drive efficiency in their work. The answer may lie in adopting integrated research support platforms designed to speed up the research process and provide access to the most up to date information from anywhere. Leaders from one solution provider, Thomson Reuters legal, explained how their platforms create those efficiencies freeing up lawyers’ time to focus on strategic work, meeting client needs more effectively and taking on additional clients.
“There's a range of services, products and workflow solutions that Thomson Reuters offers to address research questions,” says Zena Applebaum, Thomson Reuters’ National Director of Market Insights and Engagement for the legal industry. “First and foremost we have WestlawNext Canada, the leading sophisticated, deep, legal analysis tool that reaches across a variety of practice areas. In addition to WestLawNext Canada there is Practical Law, a knowledge and precedent toolbox powered by a medium-sized firm of lawyers reviewing changes in the law as they happen and updating precedents, checklists and other practical tools daily. And of course, there is always our full library of print products that are available in multiple formats – print and electronic as necessary for help at the moment of need – remotely or in the office. "
“What Thomson Reuters has done that’s unique, though, is created a federated search functionality whereby you can search across all of the Thomson Reuters legal products.”
Applebaum says that through the federated search, litigators can pull directly from any and all Thomson Reuters platforms they’re subscribed to seamlessly. They’ve integrated that search, too, within firms’ existing precedent databases.
In addition to streamlining access to legal information, the Thomson Reuters team has built a project management tool that can be integrated into their platforms. Applebaum says that this creates a means for litigators and their teams to stay on task, even if the team has shifted to working remotely. The workflow tools also help manage expectations with litigators maintaining more regular communication with clients. These are functions that the Thomson Reuters’ in-house lawyers say can prevent research and process mistakes and the problems and embarrassment that come with them.
“If you've missed the most recent case or you've included something in your document that isn't really relevant, it gives the impression to your client, opposing counsel, and the judge that you don't know what you're doing and you're not on top of the law. Depending on the circumstances, it could even cost you your case,” says Marcy McKee, Practice Lead in corporate and commercial litigation at Thomson Reuters Practical Law.
McKee says, too, that the core tech functionalities like the federated search don’t pose an uptake challenge for new users. The functionality was built with ease of use in mind, allowing litigators to intuitively pull up the most up to date case law and relevant commentary. Lawyers won’t have to learn how to search on different platforms . One query, McKee says, pulls from everything relevant.
And if for some reason you still can’t find what you are looking for? That’s easy too says Applebaum, “We have these Practical Law editors, who you can reach out to who you can tell what you're working on, and they will respond to you and help you figure out where to look for things that exist within our knowledge base. Subject matter experts like Marcy [McKee] are your disposal through the people behind the tools. That’s a real competitive advantage to working with Thomson Reuters, you not only can subscribe to the leading print and digital content and workflow solutions, but there are also real people who are not just lawyers but the best in their fields behind all of those products and waiting to help our clients be successful.”
