Rachel Hradecky
LIS 787
Legal Resources
How does Wright and Miller’s Federal Practice and Procedure in print compare
with the same title on Westlaw as to content, currency, ease of search, etc?
Introduction to the Print and Online Materials:
Wright and Miller‟s Federal Practice and Procedure is a hardbound title that is
copyrighted back to 1978. According to West‟s website, they describe this set as,
“comprehensive and authoritative coverage of all aspects of federal civil, criminal and appellate
procedure, including rules of civil, criminal, and appellate procedure, rules of evidence, the
federal judicial system, jurisdiction of all federal courts, venue, removal of cases, res judicata,
relations of state and federal courts, multidistrict litigation, and more.” Also included are
analysis‟ of each rule as it is interpreted and applied by the federal courts, as well as how it is
affected by related statutes and rules. FPP is treatise and is considered a secondary source
according to the Blue Book. The print version of this title is updated annually with pocket parts.
On occasion an entire bound volume can be replaced by a revised volume, but this is infrequent
and different for every volume in the set.
Federal Practice and Procedure is also available online through Westlaw. The
FPP database contains the full text of the treatise Federal Practice and Procedure, by Charles
Alan Wright and Arthur R. Miller, et al, including the 2009 annual supplements and pocket parts
and the November 2009 Supplemental Service pamphlet. As well as including the material in
the print volumes, the online version also includes expert commentary, practical coverage and
timesaving practice aids.
I currently work in a law firm library and I am experiencing the change in size of
our print collection. There are some attorneys that still prefer to use the print version of most
resources, while at the same time we are hiring many new associates right out of law school who
tend to have more extensive training with electronic resources. Determining whether or not a
material is more valuable to have in print or electronic version (or both) can be affected by
numerous factors, some as simple as shelf space. Federal Practice and Procedure has volumes
ranging up to number 33A. They are updated annually by printed supplements and by a monthly
cumulative supplemental service pamphlet. The Supplemental Service is prepared monthly by
the publisher to timely subscribers to new case law, legislation, Rule amendments, journal
articles and other substantive developments affecting the subject matter of Federal Practice &
Procedure. Needless to say, it takes up quite a bit of space.
If your library has the luxury of keeping materials in print despite its sheer size, monetary
factors should then be taken into account. As a print title, Federal Practice and Procedure costs
$3,106.00. This is a first time subscription fee. Some library‟s prefer to receive the set of books
and not the maintenance after. However, if the library wishes to continually update the material
there is a subscription fee given when new materials are released. FPP through Westlaw is a
different sort of billing process as Westlaw is a subscription database. Though it is free through
most law schools, it is at cost at most law firms. Which means you pay for the time spent on the
database, for searching done, as well as any printing of materials. The electronic version of FPP
can be cheaper than the print version is used correctly.
When determining whether to use print or online sources it may often be a matter of
preference, or of accessibility. Some attorneys were trained differently on how to use research-
relying more heavily on either print or electronic sources. This can influence the way they prefer
to do research when they begin to practice. There is also the factor of monetary constraints, as
discussed above, which may mean that an attorney doesn‟t have the option between the two.
However, if you are lucky enough to have the option between the two forms of this particular
source, then it is important to observe any differences that there may be.
Searching Print vs. Online Materials:
When searching FPP in print it is important to know the section number that you want to
refer to since it would be quite difficult to browse. There are many instances where it's easier
and faster to find information in print, and also easier to place it into context because the
hierarchical nature of information is represented in a more apparent fashion. FPP‟s Index is a
wonderful feature since it breaks down the titles and chapters that are contained in each separate
volume.
It is important to note that Westlaw does contain the full-text of West‟s Federal Practice
and procedure, so the difference will truly remain in how you prefer to do your legal research, as
well as the ease of doing that research. When you enter Westlaw, you have the option of
searching for a particular database, where I entered “Federal Practice and Procedure”. I was then
able to select Wright and Millers database and begin my search. You have the option edit your
search to run under „terms and connectors‟ or a „natural language search.‟
To begin my comparison between the two sources, I referenced the Index in print. I first
picked a random topic from volume 3B in the table of contents, which was the „Right to a
Speedy Trial‟. The index has this topic listed under Rule 48 titled Dismissal, section 813. I was
then able to reference this particular volume of FPP and searched through the pages until I found
my section number at the top. As an added reference FPP will list the rule number (48) right
underneath the section number (813). I then ran a natural language search using the same phrase,
„right to a speedy trial‟ (*note: when searching phrases in Westlaw it is necissary to use
quotations.) The first entry pulled on Westlaw is 3B Fed. Prac.& Proc. Crim. § 813. The online
resource was able to find the right citation by doing a natural language search. To be sure that
the results were accurate I compared the text from the print copy to that of the Westlaw entry,
and they were the exact same. So by searching a subject from the index you are able to find the
material in both the online and print versions in roughly the same amount of time. Westlaw also
allows the searcher to link to other subjects and citations throughout the entry, similar to browing
the page entries in the print title. There is also a link to Table of Contents on the Westlaw entry,
which is incredably imporant when putting your subject into a frame of reference, as well as
seeing the hierachical subject breakdown. An important difference to note is the supplement
information listed on the Westlaw entry. Westlaw has an option called „Results Plus‟, which
pulls more information for the user that is similar to the subject they are searching. For example,
the Westlaw entry for „right to a speedy trial‟ in the FPP database has supplement resultsplus
entries from ALR (Waiver or Loss of Accused‟s Rights to Speedy Trial), Federal Procedure
(Factors Considered; Balancing Test, Justification for Delay, Generally), and American
Jurisprudence 2d (Speedy Trial, in General, Determination as to Violation; Determination
Factors). These extra results can help build the searchers knowledge of the topic at hand.
Westlaw also provides links to the Monthly Supplemental Service, as well as allowing to moniter
with Keycite alert so that you may be notified of any changes.
I then ran a similar, but different search to make sure the same results were found. Using
the index, I found the topic, “Miranda Rules” in Volume 1, Rule 5 (Initial Appearences), section
74 of the print version of FPP. I then located the subject in the print volume. I kept the print
version on hand to allow comparison, and then ran a natural language search under, “Miranda
Rules” in the FPP database. Again, the first entry listed in the search results was the citation 1
Fed. Prac. & Proc. Crim. §74, the same that I was able to find using the print. On the Westlaw
entry there were ResultsPlus listed from American Jurisprudence, 2d Evidence, American
Jurisprudence 2d Criminal Law, and American Jurisprudence 2d, all of which could be used to
supplement the research process. Comparing the print and electronic versions of the two FPP
entrys I was again able to verify that they are identical.
I was also very lucky to have the ability to ask a few attorneys which form of this
material was preferential to them. Out of the 5 attorneys I spoke with, 2 said they preferred the
print version of Wright and Millers Federal Practice and Procedure, while 3 said they preferred
to use the Westlaw database to access this material. I find it very important to note that the 2
attorneys that preferred the print version have been practicing for over 20 years, and the 3
attorneys that preferred the online access of this title received the JD‟s within the last 10 years.
From my experience with this title, I have found that the online version Federal Practice
and Procedure is a full text version of print version, making them identical in text. When
determining which one to purchase over the other (if it is a one or the other situation), the
decision must them come down to the outside factors. Price wise, would your firm be better
served by purchasing the entire print collection, or is it more economically savvy to pay per use
with the Westlaw access? Or are you lucky enough to have the financial means to keep both a
print and electronic copy? Does your firm have shelf space for this large set of books, or are you
shifting more towards an electronic collection? And equally as important is the question of how
your users are trained. If the material is for a law firm collection, and majority of the attorneys
using are more comfortable with the print over the electronic, that it would best serve the library
to meets those users‟ needs. However, if your users are more comfortable navigating the
electronic form of this title then the print version can often be weeded out. Seeing as how the
material in both forms of this title are the same, it can become a decision left to the attorney‟s of
the firm and the library staff, making it important to weigh the positives and negatives of each
form.
In conclusion, after evaluating both the print and online versions of Wright and Millers
Federal Practice and Procedure, I feel confident in saying that there is no difference in the actual
material. This is because the online version is a full text version identical to the print. The
difference between the two is encompassed in the means of obtaining the information. I
personally prefer finding material online, because I find the supplemental information provided
Westlaw very beneficial and feel comfortable navigating the electronic resource. After weighing
the differences between the two it becomes a matter of personal preference as to which form of
the title your patrons and users prefer.