You’re making a mistake if you aren’t setting aside some time each week to read the most recent cases coming out of the appellate courts. You can keep up today in less time and for less money than ever before. Why aren’t you keeping up?
When I started practicing law, it was expensive to stay on top of appellate decisions. I had to subscribe to a reporter series and pay an additional amount for what were then called the “advance sheets.” Each week or so, I’d receive a copy of the most recent decisions for my perusal. Eventually, those same cases came in the bound volumes. In effect, I was paying twice to receive the same cases.
I could have obtained my local appellate decisions without paying West or one of the other reporting companies, but that would have required a trip to the appellate court each week to pick up copies of the cases. I was lucky because my practice was in the same city as the appellate court. Other lawyers across the state didn’t have easy access. Even though I was close to the courts, it was more efficient to purchase the advance sheets.
How to Get Your Hands (or Eyes) on the Opinions
Today, all of the appellate courts publish their opinions online. You can access them for free from the courts’ websites. I haven’t yet stumbled across an appellate court that didn’t offer its decisions online for free.
Of course, you can choose to pay for the opinions. When you do so, you’ll receive the opinions in a format that might be more accessible and save you time. For instance, I subscribe to a service that provides me with summaries of the recent decisions. The cases are briefed just like we did in law school, and it makes it much more efficient for me to scan the most recent decisions. You’ll have to decide whether you have more time or more money when it comes to keeping up with the law.
Personally, I scan the most recent family law opinions from my state courts as well as the cases relating to civil procedure, evidence, and attorneys’ fees. I do a quick scan of the titles of all the other decisions but rarely read beyond the title. Beyond that, I check the federal opinions just in case they do something that affects our clients.
I can review the state and the few pertinent federal decisions in a matter of minutes each week. It doesn’t take much time for me to keep up with what the courts are doing.
Why You Should Read These Decisions
Why do I feel that it’s necessary to read the cases as they come out rather than just research the cases when I’m dealing with a particular question or problem? These reasons are the tip of the iceberg:
- You’ll get a feel for the direction of the law as it evolves.
- You’ll be able to predict outcomes more accurately for your clients.
- You’ll be inspired to dream up novel theories when you see what others are arguing.
- You’ll know the answers to client questions about recent developments.
- You’ll have topics for conversation at referral source lunches with attorneys and others.
- You’ll understand the law better by seeing it applied to facts repeatedly.
- You’ll know what arguments work in the appellate courts so you can better prepare your cases for trial.
- You’ll learn from the mistakes of others.
- You’ll feel better about your mistakes.
- You’ll become an expert in your area of the law and be equipped to take on more complicated matters.
Figure out the best way to keep up with your appellate courts. Build a system for yourself to regularly scan the decisions and read the important cases. Make it a habit, and you’ll benefit from your effort.
