Legal research demands precision and up-to-date information. Shepardizing and KeyCiting are vital tools for validating legal authorities and tracking their treatment over time. These processes ensure citations remain accurate and relevant, bolstering the strength of legal arguments.

By mastering these citation-checking techniques, law students and attorneys can confidently navigate the complex web of legal precedents. Understanding how courts have interpreted and applied various authorities helps build more persuasive arguments and anticipate potential challenges to cited sources.

Purpose of citation checking

• Citation checking forms a critical component of legal research and writing, ensuring the accuracy and reliability of legal arguments
• This process involves verifying the current status of legal authorities and identifying subsequent developments that may impact their validity
• Effective citation checking supports the ethical obligation of lawyers to provide competent representation to clients

Validating legal authority

• Confirms the current status of cited cases, statutes, and regulations
• Verifies whether a legal authority remains good law or has been overruled, superseded, or amended
• Helps attorneys avoid relying on outdated or invalid precedents in their legal arguments
• Includes checking for any negative treatment that may affect the persuasive value of the authority

Identifying subsequent history

• Traces the progression of a case through various levels of the court system
• Reveals whether a decision has been affirmed, reversed, or modified on appeal
• Uncovers any remands or rehearings that may have altered the original ruling
• Provides insight into how courts have interpreted or applied the cited authority over time

Finding related cases

• Identifies other decisions that have cited or discussed the original authority
• Helps researchers discover more recent cases that may be more relevant to their legal issue
• Reveals how different jurisdictions have applied or distinguished the original case
• Assists in building a comprehensive legal argument by incorporating supporting precedents

Shepard's Citations

• Shepard's Citations serves as a cornerstone tool in legal research, providing comprehensive citation analysis for cases, statutes, and regulations
• This system plays a crucial role in the legal writing process by enabling attorneys to validate authorities and identify relevant subsequent history
• Understanding Shepard's Citations is essential for law students and legal professionals to conduct thorough and accurate legal research

Origin and development

• Created by Frank Shepard in 1873 to track the treatment of cases over time
• Initially consisted of gummed labels attached to case reporters, listing subsequent citations
• Evolved into bound volumes organized by jurisdiction and reporter series
• Transitioned to electronic format in the late 20th century, enhancing accessibility and search capabilities

Print vs online versions

• Print versions organized by reporter series and volumes, requiring manual cross-referencing
• Online versions offer real-time updates and hyperlinked citations for efficient navigation
• Electronic format allows for more complex search queries and filtering options
• Online versions integrate seamlessly with other legal research platforms (Lexis)

Components of Shepard's report

• Full citation of the Shepardized case or statute
• Subsequent appellate history, including direct appeals and related proceedings
• Treatment codes indicating how citing sources have interpreted the authority
• List of citing references, organized by jurisdiction and type of source
• Headnote analysis linking specific legal points to relevant citing references

KeyCite system

• KeyCite serves as West's proprietary citation checking tool, offering an alternative to Shepard's Citations
• This system integrates seamlessly with Westlaw's legal research platform, providing comprehensive citation analysis
• Understanding KeyCite is crucial for legal professionals using Westlaw to validate authorities and track subsequent developments

West's citation checker

• Developed by West Publishing Company as a competitor to Shepard's Citations
• Launched in 1997 as part of the Westlaw legal research platform
• Covers cases, statutes, regulations, and administrative decisions
• Utilizes West's extensive database of legal materials for comprehensive analysis

Flags and symbols

• Red flag indicates negative treatment, such as overruling or significant criticism
• Yellow flag suggests caution, indicating some negative treatment or possible invalidity
• Blue H symbol denotes direct history, such as appeals or subsequent proceedings
• Green C symbol represents citing references without negative treatment
• Q symbol indicates the authority has been questioned by other courts

Depth of treatment stars

• Four-star rating indicates extensive discussion of the cited authority
• Three stars represent substantial discussion or multiple references
• Two stars signify moderate discussion or analysis
• One star indicates a brief mention or citation of the authority
• Star ratings help researchers quickly identify the most relevant citing references

Citation analysis process

• Citation analysis forms a critical step in legal research, ensuring the validity and relevance of cited authorities
• This process involves systematically examining the treatment of legal sources to assess their current status and persuasive value
• Mastering citation analysis techniques is essential for law students and legal professionals to build strong, well-supported arguments

Locating the citation

• Identify the full citation of the authority to be checked, including reporter, volume, and page number
• Utilize the citation format appropriate for the jurisdiction and type of authority
• Verify the accuracy of the citation to ensure proper retrieval in citation checking systems
• Consider using parallel citations when available to facilitate cross-referencing

Reading treatment codes

• Familiarize yourself with the specific treatment codes used by the citation service (Shepard's or KeyCite)
• Interpret codes to understand how subsequent cases have treated the authority (overruled, distinguished, followed)
• Pay attention to the hierarchy of treatment codes, focusing on the most significant negative treatments
• Consider the context and reasoning behind the treatment when evaluating its impact on the authority's validity

Evaluating subsequent history

• Review the direct history of the case, including appeals, remands, and rehearings
• Assess the impact of subsequent proceedings on the original ruling or holding
• Consider how changes in the case's status may affect its precedential value
• Examine any legislative or administrative actions that may have superseded or codified the decision

Positive vs negative treatment

• Understanding the distinction between positive and negative treatment is crucial for assessing the strength of legal authorities
• This analysis helps legal professionals determine the persuasive value and current status of cited sources
• Recognizing various forms of treatment enables researchers to build stronger arguments and anticipate potential counterarguments

Distinguishing cases

• Occurs when a court acknowledges a precedent but finds it inapplicable to the current case
• Involves identifying factual or legal differences that justify a departure from the precedent
• Does not necessarily invalidate the original authority but may limit its applicability
• Requires careful analysis to determine the significance of the distinction and its impact on the cited authority's persuasive value

Overruled decisions

• Represents the strongest form of negative treatment, where a higher court explicitly rejects a lower court's ruling
• Typically occurs when a supreme court overturns a precedent set by a lower court
• Renders the overruled decision no longer valid as binding precedent within the jurisdiction
• May still retain some persuasive value in other jurisdictions or for historical context

Questioned authority

• Indicates that a court has expressed doubts about the correctness or continued validity of a precedent
• Does not directly overrule the authority but suggests potential weaknesses in its reasoning or applicability
• May signal a shift in legal thinking or the potential for future overruling
• Requires careful consideration when citing the questioned authority, acknowledging potential limitations

Citing references

• Citing references provide valuable insight into how courts and scholars have interpreted and applied legal authorities
• Analyzing these references helps researchers build comprehensive legal arguments and identify trends in jurisprudence
• Understanding the various types of citing references enables legal professionals to assess the broader impact and relevance of cited authorities

Related cases

• Identify cases that have cited or discussed the original authority
• Examine how different courts have interpreted or applied the legal principles established in the cited case
• Look for cases with similar fact patterns or legal issues to strengthen analogical reasoning
• Consider the persuasive value of citing references based on jurisdiction, court level, and recency

Secondary sources

• Explore law review articles, treatises, and legal encyclopedias that have cited the authority
• Analyze scholarly interpretations and critiques of the cited case or statute
• Identify emerging legal theories or policy arguments related to the authority
• Use secondary sources to gain a deeper understanding of the historical context and broader implications of the cited authority

Statutes and regulations

• Examine any statutory or regulatory references to the cited authority
• Identify instances where legislatures have codified or modified case law principles
• Look for administrative regulations that interpret or implement relevant statutes
• Consider the interplay between judicial decisions and legislative or administrative actions

Updating statutes and regulations

• Keeping abreast of changes in statutes and regulations is crucial for ensuring the accuracy and currency of legal research
• This process involves tracking legislative amendments, administrative updates, and judicial interpretations of statutory law
• Understanding how to update statutes and regulations is essential for legal professionals to provide sound advice and avoid relying on outdated authorities

Legislative changes

• Monitor recent legislative sessions for amendments to relevant statutes
• Check for newly enacted laws that may supersede or modify existing statutory provisions
• Examine legislative history materials to understand the intent behind statutory changes
• Consider the effective dates of amendments and any transitional provisions

Administrative updates

• Track revisions to administrative regulations that interpret or implement statutes
• Review agency guidance documents and policy statements for changes in regulatory interpretation
• Monitor Federal Register (federal) or state equivalents for proposed and final rule changes
• Consider the impact of executive orders or agency reorganizations on regulatory enforcement

Constitutional challenges

• Identify any pending or recent court cases challenging the constitutionality of statutes or regulations
• Examine judicial decisions that have struck down or upheld statutory provisions on constitutional grounds
• Consider the impact of constitutional rulings on the validity and enforcement of related statutes and regulations
• Monitor for any legislative responses to judicial decisions on constitutional issues

Citation checking strategies

• Developing effective citation checking strategies is essential for conducting efficient and thorough legal research
• These strategies help legal professionals navigate the vast amount of information available in citation databases
• Mastering these techniques enables researchers to quickly identify the most relevant and impactful treatments of cited authorities

Narrowing search results

• Use date restrictions to focus on the most recent treatments of the authority
• Apply jurisdictional filters to prioritize binding or highly persuasive authorities
• Utilize keyword searches within citing references to identify specific legal issues or factual scenarios
• Employ Boolean operators (AND, OR, NOT) to refine search queries and exclude irrelevant results

Filtering by jurisdiction

• Prioritize citing references from the same jurisdiction as the original authority
• Consider the hierarchical relationship between courts when evaluating the precedential value of treatments
• Examine how different jurisdictions have interpreted or applied the authority in similar cases
• Look for trends or splits in authority across multiple jurisdictions

Focusing on relevant treatments

• Concentrate on negative treatments that may impact the validity or persuasive value of the cited authority
• Identify cases that have extensively discussed or applied the legal principles from the original authority
• Look for treatments that address specific legal issues or fact patterns relevant to your research question
• Consider the depth of treatment indicators (stars or symbols) to prioritize more substantive discussions

Limitations of citation services

• While citation checking services provide invaluable tools for legal research, it is important to recognize their limitations
• Understanding these constraints helps legal professionals supplement their research and exercise critical judgment when relying on citation analysis
• Awareness of potential shortcomings enables researchers to develop strategies for comprehensive and accurate legal analysis

Coverage gaps

• Some citation services may have limited coverage of older cases or specific jurisdictions
• Certain types of authorities (administrative decisions, unpublished opinions) may not be fully represented
• Coverage of secondary sources and non-legal materials may vary between citation services
• International or foreign law citations may have less comprehensive treatment analysis

Timeliness of updates

• There may be a lag between court decisions and their inclusion in citation databases
• The frequency of updates can vary between print and online versions of citation services
• Recent legislative changes or pending cases may not be immediately reflected in citation reports
• Researchers should verify the currency of information, especially for time-sensitive matters

Interpretation challenges

• Automated systems may sometimes misclassify treatments or miss nuanced discussions
• The context and reasoning behind treatments may not be fully captured by standardized codes
• Differences in terminology or citation formats across jurisdictions can lead to inconsistencies
• Human judgment is often necessary to fully understand the implications of complex legal treatments

Alternative citation tools

• While Shepard's and KeyCite dominate the legal citation checking landscape, alternative tools offer additional options for researchers
• These alternative resources can supplement traditional citation services and provide different perspectives on legal authorities
• Understanding the strengths and limitations of various citation tools enables legal professionals to conduct more comprehensive research

Google Scholar

• Provides free access to a wide range of legal opinions and scholarly articles
• Offers a "cited by" feature to identify subsequent citations to a case or article
• Allows researchers to track citations across multiple disciplines, including law and social sciences
• Lacks the sophisticated treatment codes and analysis found in dedicated legal citation services

Fastcase

• Offers a more affordable alternative to traditional legal research platforms
• Provides citation analysis through its "Authority Check" feature
• Includes visual representations of citation relationships through its "Interactive Timeline" tool
• May have more limited coverage compared to larger, established citation services

Bloomberg Law

• Integrates citation checking capabilities within its comprehensive legal research platform
• Offers "BCite" citation analysis for cases, including treatment indicators and depth of discussion metrics
• Provides citation checking for statutes and regulations through its "Smart Code" feature
• Includes unique analytics tools for assessing the influence and relevance of cited authorities

Integrating citation checking

• Incorporating citation checking into the legal research and writing process is essential for producing accurate and well-supported work
• Effective integration of citation analysis enhances the quality of legal arguments and helps anticipate potential challenges
• Understanding how to seamlessly incorporate citation checking at various stages of legal work is crucial for law students and practicing attorneys

Legal research workflow

• Begin with preliminary citation checks to validate key authorities early in the research process
• Regularly update citation checks as the research progresses to capture recent developments
• Use citation analysis to identify related cases and expand research in relevant directions
• Incorporate citation checking results into research notes and outlines to track the status of authorities

Writing memoranda

• Conduct thorough citation checks before finalizing legal memoranda or briefs
• Address any negative treatments or subsequent history in the analysis of cited authorities
• Use citation information to strengthen arguments by highlighting positive treatments or widespread adoption
• Include relevant citing references to demonstrate the broader impact or acceptance of legal principles

Preparing for oral arguments

• Review citation checks for all key authorities to anticipate potential challenges from opposing counsel or judges
• Prepare explanations or distinctions for any negative treatments of cited cases
• Identify recent developments or pending cases that may impact the persuasive value of authorities
• Use citation analysis to find supporting authorities from the specific court or judge hearing the argument