KeyCite - a new research tool for lawyers.

Many trial lawyers are not really very good at doing legal research. We fumble, we bumble, we do our best to use online research services and put together Boolean search requests, and even with natural language searches we may not feel that our research has been thorough and complete.

Even more frustrating is determining whether a case we are relying on or a case referenced in a brief or our opponent's memorandum of law is truly "good" law, or if there is subsequent history that affects its value.

In July, West Group introduced KeyCite, an electronic service that assists with legal research. I've seen demonstrations of the product and agree that KeyCite will be a helpful research tool.

KeyCite traces the history of a case and retrieves all citing references, including cases and secondary sources. KeyCite informs researchers whether the case being researched is still "good" law. In addition, it helps find related cases by integrating headnotes, West-reported case law, and topics and key numbers into the search.

KeyCite indicates the reliability of research results with status flags on every WESTLAW case that has history. Useful information about the depth of discussion in a case is provided using a system of stars.

Information provided on KeyCite is as current and as comprehensive as that offered on WESTLAW. Federal cases from 1754 to the present are available. Coverage for some states extends from 1379 to the present, and KeyCite covers law from 1945 to date for all states.

There are five ways to access KeyCite. First, you can directly access the service at http://www.keycite.com and enter a case citation. KeyCite is available through WESTLAW, through the WESTLAW link while using a West Group CD-ROM, and now via the World Wide Web. You should use Microsoft Explorer or Netscape 3.0 or higher.

Or, second, while viewing a case on WESTLAW, click on the KeyCite button. Third, while viewing a case on WESTLAW that displays a KeyCite red or yellow flag or a blue "H" marker, click on the marker. Fourth, while viewing a case headnote on WESTLAW, click on the KeyCite link. Fifth, while in the Table of Authorities Service, click on the flag marker.

Status flags

Every WESTLAW case that has history is marked with a red, yellow, or blue status flag. A red flag warns that the case is no longer good law for at least one of the points it contains. A yellow flag means that while the case has some negative history, it hasn't been reversed or overruled. A blue "H" marker indicates the case has history that is not known to be negative. No icon means that the case has no direct or negative history.

If you are viewing a long history display, you can zero in on the cases you need by restricting the Full History display to one of two additional formats: Negative Cases Only or Omit Minor History.

KeyCite's depth-of-treatment stars indicate how thoroughly a citing case discusses another case. Four stars mean the citing case discusses the cited case extensively. Three stars indicate the citing case has substantial discussion on the cited case. Two stars let you know the citing case contains some discussion of the cited case, and one star means the cited case is referenced briefly.

The flags, stars, and other graphical signs indicate the importance of the case being reviewed, and KeyCite provides a "point and click" capability that lets you follow your research goals and instincts to find additional material.

KeyCite shows which cases have actually quoted a case by putting quotation marks next to the case citations. By clicking on the quotation marks, you can go to the part of the citing case where the quotation appears.

More features

Other features include Limit Citations, Show Citation Counts, Various Other Limits, and the Table of Authorities Service. If you do not know what the relevant headnotes are before KeyCiting a case, selecting Limit Citations calls up the full text of the headnotes in the case. You can then scan the headnotes to determine which ones are relevant.

With Show Citation Counts, you can determine the issues in a case. This feature displays a list of the headnotes and digest topics in the case and indicates the number of times they were cited in the citing cases.

Various Other Limits allows you to limit citation results by court, date, publication, and depth of treatment, enabling relevant information to be found more quickly.

Table of Authorities is a separate service that uses many of the same features as KeyCite. The validity of the underlying authorities cited in a case is readily available by clicking on KeyCite's Table of Authorities icon or by choosing Table of Authorities from the Service menu. Because it displays a list of the cases cited in the case being researched and marks with status flags cases that have negative histories, the Table of Authorities Service goes a step further than KeyCite and reveals weaknesses in a case that may not have been uncovered through a search on KeyCite.

The Table of Authorities Service is also accessible directly through WESTMATE, West's software for accessing WESTLAW.

You can learn more about KeyCite by accessing ATLA NET, ATLA's online service, at http://www.atlanet.org. There, you will find information about this new service from West Group. By clicking on the KeyCite information banner on ATLANET, you will be automatically taken to West's Internet presence. At this site, you can view KeyCite's graphics and see how easy this service is to use.

Now through November 30, KeyCite is available for a free trial. For details, visit West's Internet site at http://www.keycite.com or call West at [phone].

Paul Bernstein is a practicing attorney and law office automation consultant in Chicago. He can be reached on the Internet at [e-mail]. Opinions expressed in this column are the author's and do not reflect an endorsement of any product by TRIAL or ATLA.