This paper is part of the materials for the 2003 Techshow presentation entitled "IT.09 Technology Snapshot: The Results Are In". The presentation and this paper focus on the results of survey research regarding the feasibility and viability of a digital library, funded in part by the American Association of Law Libraries Aspen Law and Business Grant. The materials for Techshow 2003, including audio/video tapes of the presentations, written materials, and presentation slides are available for purchase from the ABA Law Practice Management section.

by Catherine Sanders Reach, MLIS

In February 2002 the American Bar Association’s Legal Technology Resource Center undertook a research project to study the feasibility and viability of a digital library in the private law firm. The study, funded by a grant from the American Association of Law Libraries and Aspen Publishers, consists of surveys of three populations: lawyers, law librarians, and legal publishers. Each group was asked questions relating to preference, availability, and concerns regarding digital or online legal research. The results provide an interesting snapshot of the state of the digital library in a private law firm in the first part of the 21st century.

In addition to the surveys, a literature search provided background and context for the study. One particular interest was the creation of a working definition of “digital library.” While the term has many connotations, for the purposes of this study the digital library refers to a collection made up of primarily digital materials accessible via information systems. The survey research results show that a digital library is feasible; however, there are still barriers to implementation and success in today’s law firm.

Lawyers’ Survey

Survey questions on legal research were sent to lawyers as part of the Legal Technology Resource Center’s annual Technology Survey in the Fall of 2002. The base responses for the online legal research questions ranged from 400 to 600. The average age of the respondents was 49, with an average of 19 years in the practice of law. By position in the firm, respondents were primarily partners, followed by solo attorneys and associates.

Attorneys were asked questions related to their time spent doing legal research, where the research was done, whether they performed online legal research, and preferences for format dependant on type of material. Additionally, lawyers were queried on the means of access for online legal research materials and whether they preferred free or fee based systems. In comparison to previous results from the LTRC surveys, attorneys seem to be more comfortable with accessing and using online legal research materials than ever before.

Among those that perform legal research a majority of attorneys performed their own legal research, rather than an associate, paralegal, or law librarian. They reported spending a little under a quarter of their day doing legal research, usually accomplished in the office. A majority of attorneys use online resources, usually starting with a fee-based system or a legal-specific search engine. To access these materials attorneys are starting to go through a firm portal, although this type of access is much more prevalent in the larger (over 150) firms.

When asked to report the amount of time spent using different formats for legal research, the percentage of time spent was slightly higher for fee-based online services than print resources. Lawyers specifically reported going to online fee-based resources for federal and state primary law (cases, statutes, and regulations) more often than print resources. However, for law reviews, periodicals, and treatises lawyers still prefer to use print materials.

The survey data shows that lawyers’ use of online legal research has progressed significantly. The illusion that all material is available on the Internet for free seems to have been dispelled and the dependence on print materials for primary research seems to have dissipated. The report suggests that lawyers have a much higher acceptance level for online research, and barriers such as connection speed and information accuracy becoming obsolete.

Legal Publishers Survey

Results for the survey of U.S. based for-profit publishers of print legal publications were tallied in January 2003. The selected publishers were contacted via e-mail or telephone, with a response rate of 38%. The responding publishers represent a good mix of small, medium, and large publishers covering all types of legal publications in all types of jurisdictions.

Over half the publishers produce materials in three formats: print, CD-ROM, and on the Internet. Print, however, is still the dominant format, with Internet publications making up about a third of total production. Most publishers do not plan to exceed print publication with digital material, although some larger publishers already have all or most of their print in a digital format. There is still a high level of commitment to print, with the vast majority of publishers pledging to continue publishing in multiple formats. However, most publishers, with the exception of small, niche markets, plan to continue to create electronic versions of print material.

When asked about the pricing on different formats, most legal publishers quickly responded that print was the most expensive to the customer. The reasons cited were most often production costs for the publisher, which have to be passed to the consumer. One publisher remarked when asked if they had plans to convert print titles to digital, “we are converting digital to print.” Those respondents who said that their online titles were more expensive cited the tremendous benefit of the format as the reason for the increase over print. Accessibility, search-ability, and timeliness of the materials give many online resources an edge over traditional print medium.

Many legal publishers have disappeared due to competition and consolidation within the industry. The smaller publishers of state and regional materials are still putting out their tried and true print publications with success, and have few plans to change. There is a wave of licensing occurring, wherein small and medium sized publishers are making their materials available online through another source. Also, as some of the publishers begin supporting digital materials, their focus becomes widened and they have started other ventures including online CLE, law practice software, and litigation support. There is still a supposition in the industry that the market for print materials has not lessened; rather a new market for online materials is emerging.

Law Librarians Survey

In the summer of 2002 law librarians were invited via discussion lists to take part in an online survey. While nearly 300 librarians responded to the survey, the respondents representing private law firm libraries numbered approximately 170. Of the private law firm librarians, the majority have master’s degrees in library and information sciences, hold management positions, and work in firms with over 150 attorneys.

While law librarians indicate an awareness that most legal research materials are available in a variety of formats, they are not as likely to buy some materials in a digital format because of several factors. The majority of respondents sited cost and licensing issues as major barriers to digital acquisitions. Additionally, factors such as lacking a print equivalent in the collection and training issues negatively affected the decision to buy digital products. In verbatim notes many librarians also suggest that their attorneys prefer print and that they do not have a way of keeping up with usage statistics and bill-back charges.

A “snapshot” of the today’s library reveals that the majority is still print, while those who count fee-based online access as part of the collection indicate that digital materials make up roughly half. Very few respondents indicate that there are plans to replace more than half the print collection in the next five years, although a slim majority agreed that shelf space will decrease. A high percentage agree that it is highly unlikely that they would replace local or state law and treatises, while replacement of current awareness materials and federal case law is highly likely.

According to the statistics, the most common reason to replace a print resource with a digital product is that it provides better access for patrons, with a lack of space as a secondary concern. The libraries participate or sponsor a firm online catalog or Intranet, although portal technologies still lag. Librarians are using these products to help their patrons find research materials, whether print or online. Most libraries are cataloging digital resources, including fee-based online resources and CD-ROMs. Most often a print title record in an online library catalog will provide a link or notation regarding the online availability.

With large, diverse patron bases, high standards, and concerns ranging from cost to ownership to training, law librarians are only cautiously embracing digital resources. There is recognition that even materials found online end up being printed by attorneys. Librarians will only accept digital materials wholeheartly when there is a perception that costs have decreased, quality has increased, and their patrons ultimately prefer the medium.

Conclusion

While a digital library appears to be feasible, all three of the populations still see barriers to the medium. Legal publishers still note a strong attachment to the print products, law librarians see digital materials as cost prohibitive, and while attorneys are slowly embracing fee-based online research there is still a strong attachment to print. Certainly it appears that federal case law, statutes, and regulations can be entirely digital, but practice specific resources, state resources, and treatises all still need refinement in the digital world to be viable. The digital library is currently a vision instead of a reality.

Catherine Sanders Reach has a masters degree in library and information studies and is a research specialist at the ABA Legal Technology Resource Center. .