How To Shepardize A Case A Comprehensive Guide For Law Students And Lawyers

Hey there, future legal eagles! Ever cited a case in court only to find out it's been overturned? Talk about embarrassing! As lawyers and law students, we need to make sure the cases we're relying on are still, well, reliable. That's where Shepardizing comes in. This crucial process helps you determine if a case is still "good law.” This comprehensive guide breaks down everything you need to know about Shepardizing, ensuring you're always on solid legal ground. Let's dive in and make sure your legal arguments are as strong as they can be!

What is Shepardizing, and Why is it Important?

Okay, let's start with the basics. Shepardizing is essentially the process of tracing a case's history and treatment by later courts. It's like giving your case a legal check-up to see if it's still healthy and valid. Think of it as your secret weapon against using outdated or overruled precedents. Why is this so important? Well, imagine building your entire argument on a foundation that's already crumbled. Not a pretty picture, right? In the legal world, precedent is king (or queen!), and the strength of your argument hinges on the cases you cite. If a case has been reversed, overruled, or even questioned by a subsequent court, its persuasive authority diminishes, or disappears entirely. You definitely don't want to be the lawyer who argues a point based on a case that's no longer good law. It's not just about avoiding embarrassment; it's about upholding the integrity of the legal system and ensuring justice is served based on sound legal principles. Shepardizing helps you avoid such pitfalls by providing a comprehensive overview of a case's history. This includes whether it has been followed, distinguished, criticized, or overruled by other courts. It also alerts you to any related cases, articles, or legal materials that discuss the case in question. In short, Shepardizing empowers you to present the most accurate and persuasive arguments possible, solidifying your reputation as a meticulous and reliable legal professional. So, before you cite any case, make Shepardizing your new best friend. It’s the key to building arguments that stand the test of legal scrutiny and ensuring your legal foundation is rock solid. Trust me, your future self (and your clients) will thank you for it!

Tools of the Trade: Westlaw and LexisNexis

Alright, so we know Shepardizing is vital, but how do we actually do it? Luckily, we've got some seriously powerful tools at our disposal. The two big players in the legal research game are Westlaw and LexisNexis. These online legal databases are like treasure troves of case law, statutes, and legal analysis, and they both have robust Shepardizing (or equivalent) features built right in. Westlaw uses KeyCite, while LexisNexis has Shepard's Citations. Think of them as your trusty sidekicks in the quest for legal accuracy. Both systems allow you to enter a case citation and instantly see its citation history. They use visual cues, like flags or symbols, to indicate the case's current status. For example, a red flag usually means the case has been overruled or reversed, while a yellow flag might indicate it has been questioned or criticized. These flags are your first line of defense, alerting you to potential problems with your case. But it's not just about the flags! Both KeyCite and Shepard's Citations provide detailed information about each citing case. You can see the court that cited your case, the date of the decision, and even the specific point of law for which your case was cited. This is incredibly helpful for understanding the context in which your case has been used and whether it still supports your argument. Moreover, Westlaw and LexisNexis offer a range of filtering and sorting options. You can filter citing cases by jurisdiction, court level, or date, allowing you to narrow your research and focus on the most relevant authorities. You can also sort cases by their treatment of your case, making it easy to identify cases that have positively or negatively impacted its precedential value. These tools aren't just for big law firms, either. As a law student, getting comfortable with Westlaw and LexisNexis is crucial for your success. Many law schools offer training sessions and access to these databases, so take advantage of these resources! Mastering these tools now will save you countless hours of research time in the future and give you a significant edge in your legal career. Trust me, learning to navigate Westlaw and LexisNexis is an investment that will pay dividends throughout your legal journey. So, get in there, explore the features, and become a Shepardizing pro!

A Step-by-Step Guide to Shepardizing

Okay, guys, let's get down to the nitty-gritty. How do you actually Shepardize a case? Don't worry, it's not as daunting as it sounds. Here’s a step-by-step guide to walk you through the process, making sure you don't miss any crucial details.

Step 1: Get Your Case Citation Ready. First things first, you need the full citation of the case you want to Shepardize. This usually looks something like "Roe v. Wade, 410 U.S. 113 (1973)." Make sure you have all the information – the case name, volume number, reporter abbreviation, page number, and year of decision. Accurate citations are key to effective research. Double-check everything to avoid any frustrating errors down the line.

Step 2: Log In to Westlaw or LexisNexis. Next, fire up your Westlaw or LexisNexis account. These databases are your best friends for legal research, so make sure you're comfortable navigating their interfaces. If you're a student, your law school likely provides access. If you're a practicing attorney, your firm probably has subscriptions. If you're unsure how to access these databases, ask a librarian or your firm's research department for guidance.

Step 3: Enter the Citation into the Shepardizing Tool. Once you're logged in, find the Shepard's Citations (LexisNexis) or KeyCite (Westlaw) search box. This is usually prominently displayed on the homepage or in the search bar. Simply type or paste the case citation into the search box and hit enter. The system will work its magic and pull up the Shepard's report for your case.

Step 4: Analyze the Flags and Signals. This is where the real detective work begins! Pay close attention to the flags and symbols displayed in the Shepard's report. As we mentioned earlier, a red flag typically means the case has been overruled or reversed, which is a huge red alert. A yellow flag might indicate that the case has been questioned, criticized, or distinguished. A green signal usually means the case has positive treatment and is still considered good law, at least on the point for which you are citing it. Don't just rely on the flags alone, though. They're a helpful starting point, but you need to dig deeper to understand the full picture.

Step 5: Examine the Citing Cases. Now, delve into the citing cases listed in the Shepard's report. These are cases that have referenced your case in their decisions. Read the headnotes and the specific passages where your case is cited. This will help you understand how later courts have interpreted and applied your case. Look for any negative treatment, such as a court disagreeing with the reasoning in your case or distinguishing it from the facts of the case before them. Also, pay attention to the jurisdiction of the citing cases. Decisions from higher courts in the same jurisdiction are generally more persuasive than decisions from other jurisdictions.

Step 6: Check the Depth of Treatment. Both Westlaw and LexisNexis provide information about the depth of treatment your case has received. This indicates how significantly the citing case discussed your case. A case that discusses your case in detail is more important than one that merely mentions it in passing. Look for citing cases that analyze the specific point of law you're interested in.

Step 7: Look for Other Secondary Sources. Don't stop at case law! Shepardizing also points you to secondary sources, such as law review articles and legal treatises, that discuss your case. These sources can provide valuable insights and analysis that can help you better understand the case's significance and its place in the legal landscape.

Step 8: Update Your Research Regularly. Legal research is an ongoing process. Cases are decided every day, so it's crucial to update your research regularly. Before you file a brief or make an argument in court, double-check your cases to make sure they're still good law. Westlaw and LexisNexis offer alerts that can notify you of any new developments related to your cases.

By following these steps, you'll be well on your way to mastering the art of Shepardizing. Remember, thorough research is the foundation of a strong legal argument. So, embrace the process, and never rely on a case without checking its history first!

Understanding Shepard's Signals and Flags

We've talked about flags and signals, but let's break down exactly what they mean. This is super important, guys, so pay attention! These visual cues are your first line of defense in determining whether a case is still good law, but you need to understand the nuances to use them effectively.

• Red Flag/Stop Sign: This is the most serious signal. It means that the case has been reversed or overruled, either in whole or in part. If you see a red flag, stop right there! The case is no longer good law on at least one point, and you definitely shouldn't be citing it for that proposition. Dig deeper to understand exactly which points of law have been affected.
• Yellow Flag/Warning Sign: A yellow flag indicates that the case has some negative history but hasn't been completely overturned. It could mean that the case has been criticized, questioned, distinguished, or limited by a later court. This is a warning sign to proceed with caution. You'll need to carefully analyze the citing cases to determine the extent of the negative treatment and whether it affects the specific point for which you want to cite the case. A yellow flag doesn't automatically disqualify a case, but it means you need to do your homework.
• Green Signal/Positive Treatment: A green signal is generally good news. It means that the case has received positive treatment from later courts. It may have been followed, explained, or cited favorably. However, a green signal doesn't mean you can stop your research. You still need to read the citing cases to understand the context in which your case was cited and make sure it still supports your argument.
• Blue Signal/Cited in a Dissenting Opinion or Legal Secondary Source: A blue signal indicates that the case has been cited in a dissenting opinion or a legal secondary source such as a law review article. While this isn't necessarily negative, it's important to understand the context of the citation. A dissenting opinion doesn't have the force of law, so a case cited only in a dissent may not be particularly persuasive. However, citation in a reputable law review article can add weight to your argument, as it suggests the case is significant enough to warrant scholarly attention.
• Orange Signal/Limited Treatment: An orange signal, sometimes represented by an "H" on Westlaw, indicates that a case has a limited history or has been cited in a way that doesn't significantly impact its precedential value. This might mean the citing case only mentions your case in passing or distinguishes it on its facts. An orange signal suggests you need to look for more substantial treatment of your case.

Remember, these flags and signals are just a starting point. They alert you to potential issues, but they don't provide the whole story. You need to read the citing cases and understand the reasoning behind their decisions to make an informed judgment about the validity of your case. Don't be a passive reader; be an active analyst! Understanding the nuances of these signals will help you make smart decisions about which cases to rely on and which to avoid. Trust your instincts, and if something seems off, dig deeper. Your thoroughness will pay off in the long run.

Common Mistakes to Avoid When Shepardizing

Okay, listen up, future lawyers! Even with these amazing tools at our fingertips, it's easy to make mistakes when Shepardizing. Let's talk about some common pitfalls and how to avoid them. Trust me, learning from these now will save you from some major headaches later.

1. Relying Solely on the Flags: We've said it before, but it's worth repeating: flags are just a starting point! Don't assume a green flag means your case is automatically golden. You must read the citing cases to understand the context and the specific point for which your case was cited. A case might have a green flag overall but have been criticized on a particular issue that's crucial to your argument.
2. Not Reading the Citing Cases Carefully: Skimming is not your friend when it comes to legal research. You need to carefully read the headnotes and the relevant passages in the citing cases. Pay attention to how the court interpreted your case, whether they agreed with its reasoning, and whether they distinguished it from the facts of their case. Don't just look for keywords; understand the legal analysis.
3. Ignoring the Jurisdiction: A case from a different jurisdiction might be interesting, but it's not binding precedent in your jurisdiction. Pay close attention to the court that decided the citing case. Decisions from higher courts in your jurisdiction are the most persuasive. Decisions from other jurisdictions can be persuasive authority, but they're not mandatory.
4. Failing to Update Your Research: The law is constantly evolving. New cases are decided every day, and a case that was good law yesterday might be overturned today. Make sure you update your Shepardizing research regularly, especially before you submit a brief or make an argument in court. Set up alerts on Westlaw or LexisNexis to be notified of any new developments related to your cases.
5. Overlooking Secondary Sources: Shepardizing isn't just about case law. It also points you to secondary sources like law review articles and treatises. These sources can provide valuable analysis and context that can help you understand the significance of your case and its place in the legal landscape. Don't neglect these resources!
6. Misinterpreting Depth of Treatment: Westlaw and LexisNexis provide information about the depth of treatment your case has received. A case that discusses your case in detail is more significant than one that merely mentions it in passing. Make sure you understand how the depth of treatment is indicated in the system you're using and prioritize cases with substantial discussion of your case.
7. Not Shepardizing Every Case: Every single case you cite should be Shepardized. No exceptions! Even if you're citing a recent case, it's possible that a later decision has already affected its precedential value. Don't take any chances. Make Shepardizing a habit.
8. Assuming a Case is Good Law Based on Its Age: Just because a case is old doesn't mean it's bad law. Some landmark cases are still good law decades after they were decided. Conversely, a recent case could be overturned quickly. Don't make assumptions based on age; rely on thorough Shepardizing.

By avoiding these common mistakes, you'll become a Shepardizing superstar! Remember, thorough and accurate legal research is essential for building strong arguments and serving your clients effectively. So, take your time, pay attention to detail, and don't cut corners. Your legal career will thank you for it!

Shepardizing: A Skill for Life

So, there you have it! You're now equipped with the knowledge and skills to Shepardize like a pro. This isn't just a task you do for law school; it's a fundamental skill that will serve you throughout your legal career. Mastering Shepardizing demonstrates your commitment to accuracy, thoroughness, and ethical legal practice. It's the foundation of sound legal reasoning and persuasive advocacy.

Think of Shepardizing as more than just a chore; it's an opportunity to deepen your understanding of the law. As you trace the history of a case and analyze its treatment by later courts, you'll gain valuable insights into the evolution of legal principles and the nuances of legal interpretation. You'll also develop critical thinking skills that will make you a more effective lawyer.

Remember, the legal landscape is constantly changing. New cases are decided, statutes are amended, and regulations are updated. Staying current on the law is a lifelong commitment, and Shepardizing is an essential tool for keeping up with these changes. Embrace the challenge, and make Shepardizing a regular part of your legal workflow.

And hey, don't be afraid to ask for help! Law librarians are your secret weapon in the legal research world. They're experts in legal research tools and techniques, and they're always happy to guide you. If you're unsure about something, reach out to them. They can save you time and frustration and help you become a more efficient researcher.

In conclusion, Shepardizing is not just about checking the validity of a case; it's about building a strong foundation for your legal arguments, upholding the integrity of the legal system, and serving your clients to the best of your ability. So, go forth and Shepardize with confidence! Your future legal triumphs depend on it.