Making the most of the small law library.

In many ways, a small library is more difficult to manage than a large one. For one thing, large libraries generally have the benefit of a sizable, specialized staff, whereas small libraries are often staffed by just one librarian. For another, large libraries can take advantage of "the rule of law" (that is, library law) and keep the books arranged for library staff efficiency. In small-firm libraries, ease of use by the attorneys makes more sense as an organizing principle, even if it complicates the librarian's cataloging chores. Last and most critically, large libraries tend to have substantial budgets, whereas small ones must make do.

Nevertheless, there are quite a few positives about the small library, and a number of ways to get around the problems. What follows is a laundry list of how to make the most of a small library's advantages and overcome the drawbacks.

One of the biggest changes in law libraries recently has been the degree to which law-firm information needs extend beyond the traditional boundaries of judicial source materials.(1) Librarians are now asked to provide information on business, the environment, medicine, and foreign countries--in general, to be prepared for anything and everthing.

A second big change stems from the growing use of automation by law firms. American Bar Association surveys have shown that law firms of all sizes are investing more and more in computers and software to be used for document assembly, billing and calendaring, litigation support, and legal research.(2)

As a result, law librarians are asked to provide guidance on, and training for, technological innovations in the management of information. For librarians, access to and mastery of a number of online databases and/or document delivery systems have become essential. Today's law librarian, far from being just a custodian of books, must be a highly skilled information specialist.

At the Source

The library should coordinate and process all purchases of books and periodicals in the firm. This helps avoid duplication and unnecessary acquisitions.

Ideally, the library should maintain a computer database of all the article and case files and information resources (books and seminar materials) kept by individual attorneys. One favorite attorney activity seems to be reinventing the wheel--replicating research that has already been done. This makes extra work for both the attorney and the librarian. It saves time and money if the librarian can tell Attorney B that Attorney A already has extensive files and memos on a subject new to Attorney B.

A firmwide policy of notifying the librarian whenever new cases come into the firm also saves time and money. There is no better way for the librarian to get a sense of how the collection should be developed, what new information needs will probably arise, and which of the materials already in the library will be needed. This will help the librarian decide which subscriptions should be maintained and know which attorneys should be alerted to particular in-house resources.

The best physical layout for a small firm's library may be different from the best layout for a large library. It may not be possible to arrange the books like those in the Library of Congress. Most smaller firms practice in few legal areas, and the attorneys like to see all the materials in their particular subject area shelved together.

In a library where most research is in state case law, it makes sense to keep those books in the most accessible place, regardless of how far afield they might be from "regulation" shelf order. Reference materials can be placed where they will be most useful. The legal thesaurus, for example, can be put at the end of the state case-law digest, which may be right next to the indexes.

Collection

A good reference collection can help researchers zero in on documents and other information sources that the firm can't afford to buy routinely. In the area of litigation support, for example, there are a number of useful publications.

One is The Lawyer's Desk Reference, published by Clark Boardman Callaghan. This set is expensive, but it contains a wealth of data germane to personal injury cases and will save the firm money in the long run. Large sections of the three-volume set are devoted to such topics as expert witnesses, safety standards, and the addresses and phone numbers of organizations that can provide more detailed information on technical questions. Researchers are also directed to annotations, books, articles, and government and industry publications relating to accidents and safety design.

The Encyclopedia of Associations, by Gale Publications, is another gold mine. Researchers who look up a subject area will find the names, addresses, phone numbers, and descriptions of a number of membership organizations that are likely to maintain libraries with specialized statistics and reports and that may even refer them to experts. This set too is expensive. The firm may be able to obtain superseded volumes from a larger firm's library when the next year's come out. Most of the data don't change much from year to year.

Another good and often neglected resource is the looseleaf services, such as those offered by the Bureau of National Affairs (BNA) and Commerce Clearing House (CCH). Their main advantage is that they contain primary material, relevant regulations, rulings, and in-depth analyses in one compilation. These publications contain a surprising amount of reference material on specific subject areas: glossaries, background legislation, and even lists of relevant law review articles. Most reporting services also send regular updates on news in their specific subject areas, including new court decisions, proposed legislation, and conference proceedings.

An efficient strategy for researchers in small firms is to locate a good case that helps define the legal issues and provides citations to important case law. Places to start looking for that case include American Law Reports (ALR) annotations, law review articles, and legal encyclopedias like American Jurisprudence (AmJur) and Corpus Juris Secundum (CJS). For legislative research, Martindale-Hubble provides law digest volumes that give both the legal language and citations for main areas of law in each state and many foreign nations.

Networking is a good way to improve access to research materials. Often it makes more sense economically to borrow an item from a nearby library than to buy it. As the library staff builds friendships in the community, they will find it easier to exchange materials with other firms.

An excellent new resource for library networking is the Internet--the huge computer network known as "the information superhighway" that connects smaller computer networks around the globe. An account on the Internet is becoming an essential reference tool.

In some parts of the country, there are Internet gateways specifically geared toward serving the law library community. In others, the law librarian must be more creative. Some local university computer centers sell commercial accounts. It is also possible to get an Internet account through CompuServe, Delphi, PSI, and other nationwide businesses.

Discussion groups on the Internet are called "lists." They allow people with similar interests to post questions or problems to other list subscribers. Responses are usually quick and useful. Law librarians often use the popular list "law-lib" to ask each other for information like how to formulate a citation or evaluate a software product, what sources are best to use for a particular area of law, or who might be willing to lend a hard-to-find resource. I have generally found colleagues on the Internet eager to help, knowledgeable, and generous. Information received should of course be carefully evaluated, like any other resource.

To be ready for information emergencies, the library staff should keep an up-to-date file of document delivery services and messengers, including complete cost information. With the right phone numbers, it is not difficult to hire someone to retrieve information from courts anywhere in the country. The Internet and many online databases also document delivery services.

Some services specialize in certain information areas like biomedical articles, engineering articles, and so on. Users should always be alerted to what these services cost. Sometimes obtaining a document in this way can be prohibitively expensive.

Automation

It is important to have a fast computer and modem in the library. This will allow the library staff to automate many duties and respond fast to attorney requests for research on online services.

* Automating recordkeeping for subscriptions and invoices can prevent error and save time and money. One easy and inexpensive computer program that does both is PUBS, from Blair, Dubilier in Bethesda, Maryland. It was originally designed for library acquisitions management, but it can easily be adapted for other functions. In some older libraries, all records of subscriptions are still kept on index cards. Once the data have been recorded in PUBS, it takes only minutes to add a record, check on an arrival, look at total expenditures, or generate reports.

* Subscriptions to WESTLAW or LEXIS/NEXIS are widely recognized as essential to law firm libraries.(3) Computer-assisted legal research can do more than just allow lawyers to fill in the gaps in their own collections. Many cases that are not published can be accessed online. Even for cases that will be printed, online availability is generally much faster. Furthermore, the sheer volume of legal material has made manual research not only cumbersome but risky, since missing controlling decisions can result in malpractice charges.

Increasingly, the large legal database companies are offering flat usage rates and other favorable pricing options to small and midsize firms, which makes using them more cost-effective.

Other online services can help with litigation research and make up for deficiencies in the firm's collection, especially with respect to nonlegal materials. For example, DIALOG has over 450 databased covering a wide range of subject areas. Users can access millions of documents from scientific and technical literature; news services around the world; and databases with details on companies, exports and imports, patents and trademarks, finance, medicine, and so on. DIALOG can also generate data in customized tables that make the information even more useful to the researcher.

* CD-ROMs save money in the long run by enabling libraries to save space and eliminate the labor costs of updating certain materials. CD-ROMs also allow attorneys to benefit from the speed and ease of computer searching without the high costs of repeated forays online. Attorneys can then electronically download any material they choose to cite from the disks right into their word-processed briefs and memos.(4)

Law firms should consider investing in CD-ROMs if library space is at a premium or if they practice in areas where online research is likely to be heavy. And keep in mind that some government documents, such as the USAID Directives and Resources, are now available only on CD-ROM.

Planning and Training

It is a good idea for firms to get a computer committee started (if the firm doesn't already have one). The firm's computer systems person should be involved, as well as any attorneys and paralegals with an interest or expertise in technology. Meetings can take place during brown-bag lunches to minimize work disruption. The committee can brainstorm on issues like training, standardizing forms, upgrading hardware and software, bringing in new software, establishing litigation support programs, and tracking library needs.

Law librarians are often asked to train new associates and summer clerks in legal research. The more training the firm can give to new employees, the more both firm and clients will benefit from the savings in time and money. For efficiency, the library might invest in video training materials such as Bob Berring's excellent tapes on legal research.(5) Firms should take advantage of the free training opportunities regularly offered by both LEXIS and WESTLAW. Librarians can also prepare handouts with guides to resources in different practice areas.

Budget

About 90 percent of law-library expenses relate to keeping research materials current.(6) It makes good sense for library staff to review publication updates as they arrive to make sure the publication is still useful to firm attorneys. It helps if the library staff is familiar with the attorneys' work habits. In December a stack of expensive periodicals that have gone unused since June is a persuasive argument for canceling the subscription and rechanneling those funds to buy more critical items.

Close study of the budget may show that buying some books is not as cost-effective as accessing research materials online when the need arises. The firm may decide to retain but not update certain publications. If so, they should be conspicuously marked to avoid confusing users.

The library should not date-stamp any incoming materials that may be returned. Otherwise the firm will end up keeping them, whether they are wanted or not.

Full-Service Library

Libraries in small law firms can serve as a filter and conduit for all the information resources that come into the law firm.(7) Librarians can pass along articles or book notices to attorneys who will be interested and keep materials away from those who probably will not.

Library staff often get lawyers' research requests secondhand from secretaries or paralegals. It is more efficient for lawyers to make their own requests directly. Misunderstandings invariably occur when requests pass through a chain of people. Direct talks with library staffers keep them up to speed on the case and aware of the lawyer's general resource needs.(8)

Some personal injury attorneys develop specialties--for example, accidents involving bicycles or trucks or head injuries. Librarians can route relevant new materials to those attorneys. Librarians can also keep an eye out for important cases or issues critical to the whole practice area and alert the attorneys to new developments so the information does not get buried in someone's routing bin. For head partners, librarians can track subjects like attorney ethics, firm marketing, conflicts of interest, billing methods, and so on.(9)

A well-run library can be a valuable resource for the whole legal team. The Information Age has arrived, but there is no reason for attorneys to be overwhelmed by the torrents of data out there. Librarians are skilled navigators of information, trained to chart a course through the shoals of confusion. Accelerating technological advances are all the more reason that a law office should have a professional on staff who can manage the flow and help the attorneys use their time most productively.

The ATLA Library and You

A law firm's library staff is an essential part of the team. Librarians maintain the firm's collection of research materials and provide expert knowledge of manual and online research. Their skills enable them to locate elusive information, borrowing it when necessary from other librarians.

For ATLA members whose research needs have outstripped their own resources, the ATLA Library can fill the breach. The association has over 20,000 volumes on the shelf and subscribes to over 250 journals, law reviews, and newspapers. The trained research staff can quickly locate cited cases, obtain copies of some product advertisements, Shepardize, find names and addresses of corporations and process services, compile statistics and bibliographies, and locate relevant newspaper and magazine articles. If the library doesn't have what you need, it can borrow from another library or order special materials. It can also retrieve documents from courts or agencies and perform computer-assisted legal research.

Technology is rapidly expanding the resources available through online databases. The legal world has witnessed an unprecedented information explosion.

You can control costs and manage information for your clients' cases with ease by using the ATLA Library. Call Charlotte Smith at [phone], ext. 277, for details.

Notes

(1)For a look at some of the changes in the lawfirm library over the past 20 years, see Kay M. Todd, Becoming a 'Virtual Librarian,' NAT'L L.J., July 11, 1994, at B9.

(2)See Michelle Bates Deakin, 'Networks' and 'CD-ROMs' Become More Common, LAWYERS WEEKLY USA, June 6, 1994, at B3.

(3)See, e.g., Robert C. Berring, Collapse of the Structure of the Legal Research Universe: The Imperative of Digital Information, 69 WASH. L. REV. 9 (1994); Jamienne S. Studley, Computer Literacy No Longer Just a Luxury, LEGAL TIMES, June 24, 1991, at 32.

(4)See Leigh P. Perkins, Should a Small Firm Put a CD-ROM in Its Law Library? LAWYERS WEEKLY USA, July 4, 1994, at B1.

(5)Legal Research Made Easy: A Roadmap Through the Law Library Maze, from Nolo Press & Legal Star Communications, 950 Parker St., Berkeley, CA 94710, tel. [phone].

(6)See Holley M. Moyer, Budgeting A Library's Expenses, NAT'L L.J., June 25, 1990, at S2.

(7)See Kathy Shimpock-Vieweg, How to Develop a Marketing Plan for a Law Firm Library, 84 L. LIBR. J. 67 (1992).

(8)See Sean O'Grady, Lawyer-Librarian Communication Often Is Neglected, NAT'L L.J., July 22, 1994, at S8.

(9)See Holley M. Moyer, Eleven Ways Legal Librarians Add Value, NEW JERSEY LAWYER, Mar. 28, 1994, at 33.