[Prodev] Virtual Law Libraries - the Perspective from the Director of a Public Law Library System
Maureen Well
maureen.well@jud.state.ct.us
Mon, 13 May 2002 17:37:30 -0400
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A basic question for this discussion from my point of view is the definition
or decription of what constitutes a law library. Is a room full of law
books a library? Is a room full of computers a law library? Greg Lambert
provided a list of the extensive Oklahoma Library package he negotiated for
51 county libraries. Jean Willis described how the Management Committee at
her former law firm wished to "save money" and go "virtual," but part of
that equation was the desire to get rid of the library staff. Greg, correct
me if I'm wrong, but I don't believe that there are any librarians staffing
any of the 51 county libraries which are virtual law libraries.
I'll admit that I have a prejudice. I believe that library service begins
with a human being. I believe that the presence of a librarian is what
creates or defines a library, regardless of the format of the materials in
the "collection." Librarians have been dealing with multiple formats for
years. In addition to print, there are microforms, cassettes, and
videotapes. The electronic or digital era opened with Lexis and then
Westlaw. The 1990's saw the introduction of CD-ROM's and now web-based
products (including Westlaw and Lexis revised for this incarnation). I
personally believe that a hybrid library or a library with multiple formats
is the future, not a "one format only" version called a virtual law library.
I'll admit to another prejudice. Greg stated that he thinks the electronic
vendors do not have a good business plan on the issue of public access to
their products. My belief is that the major players do have a business plan
and that involves the bottom line. Since West Publishing was purchased by
Thomson, print prices have soared dramatically. (Eg., prior to the Thomson
merger, a volume of the Atlantic Reporter increased by 24% between 1990 and
1996. After the merger, a volume of this same publication increased by 75%
between 1996 and 2002). Their flat rates for Westlaw seem to be increasing
by at least 10% per year. Even Loislaw, which is now an Aspen company, has
submitted their FY03 pricing which is 36% higher than FY02.
If I purchase a book, microfiche, or an A/V product, I own the product. The
virtual law library is never owned. It's based on a "rental" or license
agreement. Last year the New York legislature never did pass a budget. Our
Connecticut legislature has adjourned without passing a budget, but they'll
be back and I'm convinced that something will be done. However, we are
facing a deficit just like many, many other states and I'll be grateful if I
receive level-funding for my library materials budget.
In my estimation, a virtual library means that the vendors have total
control. There are those in the law library profession who believe that
Thomson plans to eliminate production of primary law print products. One
easy way is to maintain sharp price increases and then show that the demand
has diminished. "It's no longer profitable to produce these products...
Our first duty is to our shareholders. Etc., etc., etc." I believe that
scenario is entirely possible.
But pricing, product availabiltiy, business plans and budgets aside, I would
argue that a decision on my part to move exclusively to a "Totally
Electronic Public Law Library" as put forth in scenario #4 for state, court
and county law libraries would be contrary to the vision statement and
mission of the Connecticut Judicial Branch Law Library System (which
consists of 15 trial court libraries which serve the courts and citizens of
the state of Connecticut). I would also argue that going totally virtual
would be contrary to the vision and mission of my parent organization, the
state court system.
In my state, there is a significant initiative to ensure that there is
public trust and confidence in the courts. A Final Report of the Committee
on Pro Se Litigants was just issued. This bench/bar committee recognized
that the number of self-represented litigants will continue to increase.
They wish to insure that the courts in Connecticut are available to every
citizen no matter whether they appear with an attorney or by themselves.
Attached as an appendix to this report is a 25 page Self-Help Bibliography
which covers 36 topics that was compiled by library staff. These
publications are available in at least one of our libraries (and the
libraries owning each title are indicated in the bibliography). None of
these publications are available electronically.
Furthermore, many local, state-specific resources that are extremely
valuable to both judges and pro se's alike, are not available in an
electronic format. Our collections contain approximately 7,000 titles in
our webpac catalog. I have not replicated the work done by Penny Hazelton
in terms of comparing the number of titles in our collections against Lexis
or Westlaw or even Bender online, but I believe the percentage of overlap
would be comparably low. In addition, we have legislative histories and
Connecticut Supreme Court records and briefs in a microfiche format and we
also have available small collections of both audio and video cassettes.
I should also add, lest I sound like a Luddite, that in our system we have a
total of 82 PC's, of which 56 are available for use by the public in our 15
libraries. All of our computers are part of the courts statewide network
and have high speed access to the Internet. We have a CD-ROM Tower which
can be accessed statewide by the judges either from their chambers or from
home. Access to the Tower is also available at the libraries and from the
desktops of law clerks and staff attorneys. Currently we have 111 CD-ROM
discs which represent 64 titles on the Tower. Products include LawDesk,
Premise, LegalTrac, Shepard's, LOIS Pita, and Bender. The libraries have a
flat rate agreement with both Lexis and Westlaw, but these are for staff use
only, not public access. We do have public access subscriptions for KeyCite
and some libraries have a pubic access subscription for Shepard's online.
Some libraries subcribe to BNA web products and we have an RIA web
subscription. As members of the NELLCO consortium, we also subscribe to
loislaw, index to legal periodicals and legal trac web products. And my
staff do a fair amount of training, both in chambers and in a classroom
setting.
My apologies for the length of this response, but I do feel strongly that
scenario #4 does not represent a snapshot of the future of our public law
library system. I also believe that if AALL issues a report that describes
the future of law libraries as being totally virtual, that this will be a
disservice to the profession. Law firm committees such as the one described
by Jean Willis will use the report to further their objective to "get rid of
library staff." In the courts, administrators are always looking for space
and ways to reduce expenditures. An AALL report stating that the future
will consist exclusivley of virtual law libraries could be used as an excuse
to acquire library space and limited resources.
I believe that in most cases the law libraries of the future will include
multiple formats. If a room full of books is converted to a room full of
computers, I would argue that neither is a library without the presence of a
librarian. Scenario #4 does include a librarian, but my imagination was
having difficulty seeing exactly what that individual would be doing on a
daily basis. I'm not sure that reference service, training and fixing the
computers would fill a 35 or 40 hour week in a public law library which only
offered web-based products. But then, maybe I'm simply not very good at
seeing into the future. Thanks for listening to my perspective.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Maureen Well
Deputy Director, Law Libraries
100 Washington St.
Hartford, Ct 06106
Phone:(860)566-7850 Fax:(860)566-3449
Email: Maureen.Well@jud.state.ct.us
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<DIV><FONT face=3DArial size=3D2><SPAN class=3D620565018-13052002>A =
basic question for=20
this discussion from my point of view is the definition or decription of =
what=20
constitutes a law library. Is a room full of law books a =
library? Is=20
a room full of computers a law library? Greg Lambert provided a =
list of=20
the extensive Oklahoma Library package he negotiated for 51 county =
libraries. Jean Willis described how the Management Committee at =
her=20
former law firm wished to "save money" and go "virtual," but part of =
that=20
equation was the desire to get rid of the library staff. Greg, =
correct me=20
if I'm wrong, but I don't believe that there are any librarians staffing =
any of=20
the 51 county libraries which are virtual law libraries. =20
</SPAN></FONT></DIV>
<DIV><FONT face=3DArial size=3D2><SPAN=20
class=3D620565018-13052002></SPAN></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2><SPAN class=3D620565018-13052002>I'll =
admit that I=20
have a prejudice. I believe that library service begins with a =
human=20
being. I believe that the presence of a librarian is what creates =
or=20
defines a library, regardless of the format of the materials in the=20
"collection." Librarians have been dealing with multiple formats =
for=20
years. In addition to print, there are microforms, cassettes, and=20
videotapes. The electronic or digital era opened with Lexis and=20
then Westlaw. The 1990's saw the introduction of CD-ROM's and =
now=20
web-based products (including Westlaw and Lexis revised for this=20
incarnation). I personally believe that a hybrid library or a =
library with=20
multiple formats is the future, not a "one format only" version called a =
virtual=20
law library.</SPAN></FONT></DIV>
<DIV><FONT face=3DArial size=3D2><SPAN=20
class=3D620565018-13052002></SPAN></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2><SPAN class=3D620565018-13052002>I'll =
admit to=20
another prejudice. Greg stated that he thinks the electronic =
vendors do=20
not have a good business plan on the issue of public access to their=20
products. My belief is that the major players do have a business =
plan and=20
that involves the bottom line. Since West Publishing was purchased =
by=20
Thomson, print prices have soared dramatically. (Eg., prior to the =
Thomson=20
merger, a volume of the Atlantic Reporter increased by 24% between 1990 =
and=20
1996. After the merger, a volume of this same publication =
increased by 75%=20
between 1996 and 2002). Their flat rates for Westlaw seem to be =
increasing=20
by at least 10% per year. Even Loislaw, which is now an Aspen =
company, has=20
submitted their FY03 pricing which is 36% higher than =
FY02.</SPAN></FONT></DIV>
<DIV><FONT face=3DArial size=3D2><SPAN=20
class=3D620565018-13052002></SPAN></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2><SPAN class=3D620565018-13052002>If I =
purchase a=20
book, microfiche, or an A/V product, I own the product. The =
virtual law=20
library is never owned. It's based on a "rental" or license=20
agreement. Last year the New York legislature never did pass a=20
budget. Our Connecticut legislature has adjourned without passing =
a=20
budget, but they'll be back and I'm convinced that something will be =
done. =20
However, we are facing a deficit just like many, many other states and =
I'll be=20
grateful if I receive level-funding for my library materials =
budget. =20
</SPAN></FONT></DIV>
<DIV><FONT face=3DArial size=3D2><SPAN=20
class=3D620565018-13052002></SPAN></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2><SPAN class=3D620565018-13052002>In my=20
estimation, a virtual library means that the vendors have total=20
control. There are those in the law library profession who believe =
that=20
Thomson plans to eliminate production of primary law print =
products. One=20
easy way is to maintain sharp price increases and then show that the =
demand has=20
diminished. "It's no longer profitable to produce these =
products... =20
Our first duty is to our shareholders. Etc., etc., etc." I =
believe=20
that scenario is entirely possible. </SPAN></FONT></DIV>
<DIV><FONT face=3DArial size=3D2><SPAN=20
class=3D620565018-13052002></SPAN></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2><SPAN class=3D620565018-13052002>But =
pricing, product=20
availabiltiy, business plans and budgets aside, I would argue that a =
decision on=20
my part to move exclusively to a "Totally Electronic Public Law Library" =
as put=20
forth in scenario #4 for state, court and county law libraries would be =
contrary=20
to the vision statement and mission of the Connecticut Judicial Branch =
Law=20
Library System (which consists of 15 trial court libraries which serve =
the=20
courts and citizens of the state of Connecticut). I would also =
argue that=20
going totally virtual would be contrary to the vision and mission of my =
parent=20
organization, the state court system. </SPAN></FONT></DIV>
<DIV><FONT face=3DArial size=3D2><SPAN=20
class=3D620565018-13052002></SPAN></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2><SPAN class=3D620565018-13052002>In my =
state, there=20
is a significant initiative to ensure that there is public trust and =
confidence=20
in the courts. A Final Report of the Committee on Pro Se Litigants =
was=20
just issued. This bench/bar committee recognized that the number =
of=20
self-represented litigants will continue to increase. They wish to =
insure=20
that the courts in Connecticut are available to every citizen no matter =
whether=20
they appear with an attorney or by themselves. Attached as an =
appendix to=20
this report is a 25 page Self-Help Bibliography which covers 36 topics =
that was=20
compiled by library staff. These publications are available =
in at=20
least one of our libraries (and the libraries owning each title are =
indicated in=20
the bibliography). None of these publications are available=20
electronically.</SPAN></FONT></DIV>
<DIV><FONT face=3DArial size=3D2><SPAN =
class=3D620565018-13052002></SPAN></FONT><FONT=20
face=3DArial size=3D2><SPAN =
class=3D620565018-13052002></SPAN></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2><SPAN =
class=3D620565018-13052002>Furthermore, many=20
local, state-specific resources that are extremely valuable to both =
judges and=20
pro se's alike, are not available in an electronic format. Our =
collections=20
contain approximately 7,000 titles in our webpac catalog. I have =
not=20
replicated the work done by Penny Hazelton in terms of comparing the =
number of=20
titles in our collections against Lexis or Westlaw or even Bender =
online, but I=20
believe the percentage of overlap would be comparably low. In =
addition, we=20
have legislative histories and Connecticut Supreme Court records and =
briefs in a=20
microfiche format and we also have available small collections of both =
audio and=20
video cassettes. </SPAN></FONT></DIV>
<DIV><FONT face=3DArial size=3D2><SPAN=20
class=3D620565018-13052002></SPAN></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2><SPAN class=3D620565018-13052002>I =
should also add,=20
lest I sound like a Luddite, that in our system we have a total of 82 =
PC's, of=20
which 56 are available for use by the public in our 15=20
libraries. All of our computers are part of the courts =
statewide=20
network and have high speed access to the Internet. We have =
a CD-ROM=20
Tower which can be accessed statewide by the judges either from =
their=20
chambers or from home. Access to the Tower is also available =
at the=20
libraries and from the desktops of law clerks and staff attorneys. =
Currently we have 111 CD-ROM discs which represent 64 titles on the =
Tower. =20
Products include LawDesk, Premise, LegalTrac, Shepard's, LOIS Pita, and=20
Bender. The libraries have a flat rate agreement with both Lexis =
and=20
Westlaw, but these are for staff use only, not public access. We =
do have=20
public access subscriptions for KeyCite and some libraries have a pubic =
access=20
subscription for Shepard's online. Some libraries subcribe to BNA =
web=20
products and we have an RIA web subscription. As members of the =
NELLCO=20
consortium, we also subscribe to loislaw, index to legal periodicals and =
legal=20
trac web products. And my staff do a fair amount of training, both =
in=20
chambers and in a classroom setting.</SPAN></FONT></DIV>
<DIV><FONT face=3DArial size=3D2><SPAN=20
class=3D620565018-13052002></SPAN></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2><SPAN class=3D620565018-13052002>My =
apologies for the=20
length of this response, but I do feel strongly that scenario #4 does =
not=20
represent a snapshot of the future of our public law library =
system. I=20
also believe that if AALL issues a report that describes the future of =
law=20
libraries as being totally virtual, that this will be a disservice to =
the=20
profession. Law firm committees such as the one described by Jean =
Willis=20
will use the report to further their objective to "get rid of library=20
staff." In the courts, administrators are always looking for space =
and=20
ways to reduce expenditures. An AALL report stating that the =
future=20
will consist exclusivley of virtual law libraries could be used as an =
excuse to=20
acquire library space and limited resources. </SPAN></FONT></DIV>
<DIV><FONT face=3DArial size=3D2><SPAN=20
class=3D620565018-13052002></SPAN></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2><SPAN class=3D620565018-13052002>I =
believe that in=20
most cases the law libraries of the future will include multiple =
formats. =20
If a room full of books is converted to a room full of computers, I =
would argue=20
that neither is a library without the presence of a librarian. =
Scenario #4=20
does include a librarian, but my imagination was having difficulty =
seeing=20
exactly what that individual would be doing on a daily basis. I'm =
not sure=20
that reference service, training and fixing the computers would fill a =
35 or 40=20
hour week in a public law library which only offered web-based =
products. =20
But then, maybe I'm simply not very good at seeing into the =
future. Thanks=20
for listening to my perspective.</SPAN></FONT></DIV>
<DIV><FONT face=3DArial size=3D2><SPAN =
class=3D620565018-13052002></SPAN></FONT><FONT=20
face=3DArial size=3D2><SPAN =
class=3D620565018-13052002></SPAN></FONT> </DIV>
<DIV align=3Dcenter><FONT face=3DArial size=3D2><SPAN=20
class=3D620565018-13052002></SPAN></FONT><FONT face=3DArial =
size=3D2><SPAN=20
class=3D620565018-13052002></SPAN></FONT><FONT face=3DArial =
size=3D2><SPAN=20
class=3D620565018-13052002></SPAN></FONT><B><FONT face=3DArial=20
size=3D2>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~<BR><BR>Maureen=20
Well<BR>Deputy Director, Law Libraries<BR>100 Washington =
St.<BR>Hartford, Ct=20
06106<BR>Phone:(860)566-7850 =20
Fax:(860)566-3449 <BR><BR>Email:=20
Maureen.Well@jud.state.ct.us<BR><BR>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~=
~~~~~~~</DIV></B></FONT>
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