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November 2009 Archives

November 4, 2009

Ask the Online Search Expert


Dear Online Search Expert,

I am an experienced searcher. I use Google all the time, but I am new to Westlaw. When I searched the Westlaw databases ALLSTATES, ALLCASES with the terms "power of attorney" and "conservator," it turned up the maximum of ten thousand documents. I modified it as follows: "power of attorney," "conservator," "new york," and I still got the same maximum of ten thousand documents. Something went wrong. What happened?

Frustrated 2L
 

Dear Frustrated 2L,

There are a couple of factors at work here.  Let's explore them.

First, we need to look at which databases you selected. If you had chosen a more relevant database, you would have received fewer, but more appropriate results. In short, selecting the right jurisdictional databases limits your results to relevant authority.

Similarly in legal practice, selecting a multi-jurisdictional database, whether in Lexis or Westlaw, will cost more than selecting a limited jurisdictional database. Larger more all encompassing databases are more expensive than smaller more relevant jurisdictional databases, resulting in less cost and better results. This will allow you to spend more time with analysis and writing.

Second, your search query can be improved. Adding terms narrows a Google search, but adding additional terms does the opposite with Westlaw. This has to do with Boolean connectors, such as AND or OR. Where there is no express connector, Google implies an AND between terms. On the other hand, Westlaw implies an OR, increasing the number of results.

Westlaw limits search results at 10,000 to reduce unnecessary strain on its servers, caused by poorly constructed search queries. In your case, adding "new york" would have increased the actual number of results from the hundreds of thousands into the millions.

What would I have done? I would have chosen a New York cases database like NY-CS. I would also have wanted "power of attorney" and "conservator" to be near each other in the discussion.   To do this, I would have run a search with a proximity connector (such as "/p" to search terms within the same paragraph) instead of an implied OR. Therefore, one search would be: "power of attorney" /p conservator. Using this search, results in 24 manageable cases.

Thanks for asking,
Online Search Expert

November 18, 2009

The Zen Principle Behind All Online Legal Research

 
Have you ever wondered why your Lexis/Westlaw searches yield too many hits or too few? Even if you have mastered the L/WL help screens on boolean (i.e., terms and connectors) searching or asked for help many times from L/WL Reference attorneys, you will eventually hit a brick wall that is not your own fault. I call it the Zen Principle. Computer scientists may call it something else, but it is an inherent principle in all fulltext, online searching. If you understand it, you will start to feel better right away because you will stop blaming yourself and start to appreciate the limits of computers.  Let’s start with the principle itself. I will conclude with some suggestions for minimizing its effect.
 
The following statement of the Zen Principle has been adapted from Christopher G. Wren and Jill Robinson Wren, Using Computers in Legal Research: a Guide to Lexis and Westlaw (Madison, Wis., Adams & Ambrose, 1994), Appendix M, p. 767, (Biddle Call No.: KF 242.A1 W74 1994). 
 
Recall is the percentage of all relevant documents that are retrieved:
 
                        Retrieved
Recall     =      ------------
                        Relevant
 
Precision is the percentage of all retrieved documents that are relevant:
 
                              Relevant
Precision     =      ------------
                               Retrieved
 
Recall and precision are inversely related to each other. As recall goes up, precision goes down. As precision goes up, recall goes down.  This is the Zen Principle.   
 

Continue reading "The Zen Principle Behind All Online Legal Research" »

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