Information Behavior of Lawyers

On the Docket::

On the Docket: The Information Behavior of Lawyers

Introduction:

Introduction Good day everyone, and may it please the class. We’d like to present for your consideration the information behavior of our client, the legal profession.

Meet Our Client:

Meet Our Client This photo captures the different ways lawyers seek and use information, as well as the stress they may feel in the process!

Sitting at Counsel Table With Us Today Are… :

Sitting at Counsel Table With Us Today Are… Gloria J. Leckie Associate Professor Faculty of Information and Media Studies, The University of Western Ontario Karen E. Fisher (Formerly Pettigrew) Professor University of Washington Information School Margaret Ann Wilkinson Professor Faculty of Law and Faculty of Information and Media Studies, The University of Western Ontario Carol C. Kuhlthau Professor II Emerita School of Communication and Information, Rutgers University Note that Christian Sylvain and S.L. Tama also provided significant assistance in preparing the case, but appear to have left the firm…

Roadmap:

Roadmap Leckie et al.’s model of the information seeking of professionals Wilkinson’s empirical exploration of lawyer problem-solving Lawyers and Kuhlthau’s Information Search Process

The Model of the Information Seeking of Professionals:

The Model of the Information Seeking of Professionals Gloria J. Leckie , Karen E. Pettigrew, and Christian Sylvain (1996)

Modeling the Information Behavior of Professionals:

Modeling the Information Behavior of Professionals Early attempt to model information seeking of professionals As opposed to scientists and academics Reviewed existing literature about various professionals, including lawyers Early literature concentrated on legal research, depicted it as an orderly process Leckie et al. r ecognized these linear models represented only a partial view of lawyer ISB Synthesized literature into a generally applicable model…

The Model of the Information Seeking of Professionals:

The Model of the Information Seeking of Professionals

Work Roles:

Work Roles The model starts with work roles “[P] rofessionals lead complicated work lives and must assume a multiplicity of roles in the course of their daily work.” (pp. 180-81) Some examples Service provider Administrator/manager Researcher Educator Student

Tasks and Information Needs:

Tasks and Information Needs The s econd element of the model is tasks : “Embedded within these roles are specific tasks . . . constituting the second layer of the role/task component of the model.” (p. 181) Tasks give rise to the third element, which is information needs Lawyer-specific example: Role : client representative Task : preparing for upcoming trial Information needs: Publicly available information on past cases Firm’s internal records re how past cases handled

Some Other Examples Relating to Lawyers:

Some Other Examples Relating to Lawyers Role Task Information Needs/Seeking Advocacy Determine relevant cases and precedents Search primary and secondary legal sources Drafting (e.g., preparing documents & correspondence) Determining whether prior firm-generated documentation or research exists Search of firm’s internal files Counseling & negotiation (latter not really discussed by Leckie et al.) Interviewing clients, responding to phone inquiries, representing clients in court (also advocacy?) Quick access to relevant files and information Administrative/ managerial Monitoring firm’s financial situation, training students, delegating work Creating & use of info about budgeting, personnel, procedures, etc.

Characteristics of Information Needs—Variables:

Characteristics of Information Needs—Variables Characteristics of information needs relating to work tasks are influenced by variables such as: Individual demographics E.g. , legal jurisdiction in which lawyer works Context of the information need Frequency of information need E.g. , lawyers have recurring need to access previous cases handled by firm—can waste time without good records management system Other variables: Predictability of need, importance, and complexity

Factors Affecting Information Seeking:

Factors Affecting Information Seeking Leckie et al. found the following factors affect how information is sought: Sources of information Awareness of information Let’s examine these in turn…

Factors Affecting Information Seeking— Sources of Information:

Factors Affecting Information Seeking— Sources of Information Sources of information can include: Formal or informal Internal or external Oral or written Personal “One of the aspects that makes a ‘professional’ different from other kinds of workers is the advanced body of specialized knowledge that an individual must master to practice a particular profession.” (p.184)

Factors Affecting Information Seeking—Awareness of Information:

Factors Affecting Information Seeking—Awareness of Information Awareness of information encompasses: Familiarity and prior success E.g. , lawyers tend to use notes from other cases as well as familiar digests and reference sources Note that they are probably talking about print materials here… Trustworthiness Packaging Timeliness Cost Quality Accessibility

Outcomes Stage of Model:

Outcomes Stage of Model Outcomes = the results of the IS process Optimally, info need is met and task is accomplished What law-related outcomes can you think of? Need may not be satisfied, requiring further IS “Feedback loop” IS is not one-dimensional Outcome from one task might benefit another

General Observation Re Lawyer ISB:

General Observation Re Lawyer ISB “All lawyer’s must deal with an expanding and often overwhelming information universe, including not only well-established primary and secondary legal sources [], but also a wide variety of other sources and databases…. (p.173)

Variables Affecting Lawyer ISB:

Variables Affecting Lawyer ISB Attitudes towards legal research Some lawyers prefer to delegate to junior lawyers, others unwilling Organizational context Lawyers in large firms may be more able to delegate Practice area Some require more research than others (real property v. litigation) Experience Lawyers with more experience can draw on professional experience Education Need to integrate advanced legal research courses into curriculum Information retrieval systems for legal materials Not user-friendly, various databases but with different coverage

Leckie et al.’s Model: In Sum:

Leckie et al.’s Model: In Sum General conceptualization of ISB by professionals, including lawyers Captures complexity & dynamic nature of process Stresses relationship between roles and tasks, which prompt information needs Recognizes influence of myriad variables and factors Feedback loop

An Empirical Exploration of Lawyer Problem-Solving:

An Empirical Exploration of Lawyer Problem-Solving Margaret Ann Wilkinson (2001)

Wilkinson’s Study—Background:

Wilkinson’s Study—Background Noted that prior work focused on legal research as the central information-seeking task performed by lawyers, but that little work had been done empirically Recognized that “law is essentially and information profession” but asked, is legal research really the main information-seeking behavior of lawyers?

Methodology:

Methodology Empirical investigation of lawyer ISB Interviewed 180 lawyers in Ontario Lawyers asked to describe problem they had encountered in practice Discussed information sources sought to assist with problem Representative of lawyers in Ontario Size of area Size of firm Gender Included “in-house” or “corporate” counsel

Wilkinson’s Study—Findings Summarized:

Wilkinson’s Study—Findings Summarized Majority of problems discussed related to administration of law practice rather than substantive areas of law Marked preference for informal sources of information over formal sources Preference for internal sources of information over external sources Here, differences seen based on firm size: More large firm lawyers preferred internal sources More small firm lawyers preferred external sources Wilkinson found this surprising—do you? No differences were seen based on gender (with a caveat…) Here’s the breakdown…

Findings—Types of Problems Discussed:

Findings—Types of Problems Discussed

Findings—Informal vs. Formal Sources of Information:

Findings—Informal vs. Formal Sources of Information

Findings—Internal v. External Sources of Information:

Findings—Internal v. External Sources of Information

Some of Wilkinson’s Conclusions:

Some of Wilkinson’s Conclusions Work Roles Data provided evidence of only two roles identified by Leckie et al.— service provider and administrator/manager Problems raised by lawyers did not involve roles of researcher, educator, or student Do you agree these necessarily would have been mentioned as “problems”? Characteristics of Information Needs Leckie et al. model does not capture possible gender differences Why does Wilkinson think that? What do you think? Data supported hypothesis that situational factors such as organizational context influence lawyer’s ISB E.g. , size of firm These and other conclusions led to Wilkinson’s revised model…

Wilkinson’s Revised Model:

Wilkinson’s Revised Model

One of Wilkinson’s Most Interesting Conclusions…:

One of Wilkinson’s Most Interesting Conclusions… One of Wilkinson’s most interesting and—we suggest—controversial conclusions is that legal research is not information-seeking : “One interesting development from this research is that legal research, usually thought of as defining the information-seeking activity of lawyers, proved to be minor, even non-existent, with respect to the lawyers interviewed. Legal research came into play only as a task-related activity and was not seen as information-seeking directly related to problem solving or to the roles fulfilled by lawyers in their law practices.” (p.274) What do you think?

Lawyers and the Information Search Process:

Lawyers and the Information Search Process Carol C. Kuhlthau & S.L. Tama (2001)

Brief Review of Kuhlthau’s Study:

Brief Review of Kuhlthau’s Study In 2001, Kuhlthau and her co-author examined, among other things, a topic of importance to legal researchers and law librarians— the role of anxiety and uncertainty in legal research Interviews were conducted with 8 New Jersey lawyers from small- to medium-sized law firms, all with 6 to 10 years’ experience Interestingly, the lawyers seemed to welcome the challenge of uncertainty… why do you think this is?

Welcome Uncertainty:

Welcome Uncertainty “[T] hese lawyers did not respond to uncertainty in the same way as the novices in previous studies had. The novices interpreted their sense of uncertainty as indicating that something was going wrong, either with the task or with their ability to proceed effectively with it. But none of these experts expressed the feelings of anxiety and frustration related to uncertainty that the novices experienced. On the contrary, these experts expressed heightened interest and enthusiasm for more complex tasks that required considerable construction and creativity. Many of the lawyers actually related the sense of fun to more complex tasks that led to innovation and construction .” (p.31) (emphasis added) Kuhlthau , C.C. & Tama, S.L. (2001). Information Search Process of Lawyers: A Call for “Just Me” Information Services. Journal of Documentation, 57 [1], 25-43.

Some Other Findings…:

Some Other Findings… Preference for print sources over computerized legal research databases for more complex tasks Remember, this was 2001 and these lawyers had been practicing a while…but most are probably still practicing today Frustration with specificity required by keyword searching in computerized databases Problems with organization, classification, and access to internal office files (trust me, this hasn’t changed!) Limited but increasing use of electronic sources—those that used e-mail felt overwhelmed by it

Implications for Information Professionals and Database Design?:

Implications for Information Professionals and Database Design? Kuhlthau discussed implications for both the roles of information professionals and improved system design— but what do you think?

Conclusion:

Conclusion Based on the readings, presentation, and incorporated materials, we submit the matter of the information behavior of lawyers to the class for discussion.