Shepardizing is the process of verifying the validity of laws and court decisions by consulting their history and a list of authorities that refer to them. It can be done using electronic databases and is taught in law schools. It helps attorneys prepare for cases, track the progress of their cases, and identify additional sources.
Shepardizing is a process of verifying whether laws and court decisions are still valid, by consulting their history and a list of all the authorities that refer to them. This is an important part of preparing for a case, as no attorney wants to argue in court based on a decision or law that has since been overturned. Historically, this has required a thorough search of books and other references. Today it is often possible to use electronic databases to perform Shepardizing activities.
This term refers to Shepard’s Citations, a legal citation that has been published since 1873, originally in print and today in digital format. Citers provide a list of authorities who refer to laws and cases. This allows a researcher to see who else is talking about a legal matter. It can also provide red flag notices, such as a link to a court decision striking down a law. Additionally, attorneys may find Shepardizing helpful in identifying additional sources to use in their work.
Not all attorneys use Shepard quotes in their case searches, but many do, and the term has become generic to use any quoter to look for references to a case. In order to research cases, the attorney needs to have information about the date, place and specifics of the case so that he can search it correctly in the summoner and follow up with the appropriate subpoenas. Shepardizing can be a lengthy process and some attorneys may outsource basic research to trainees.
Law schools typically teach students how to do this and provide tips and tricks on Shepardizing efficiently and effectively. Interns will gain valuable experience in law firms where supervisors can have them assist with research. This can provide an opportunity to familiarize yourself with different types of electronic databases and how they work to help quickly research and identify the most important citations and sources. The law can move quickly and lawyers need to make sure they have up-to-date information.
In addition to being useful for case research, Shepardizing can also help attorneys track the progress of their cases. They can periodically search cases to see if anyone is suing them. This will help lawyers find useful scholarships on cases they have argued in court. It also alerts an attorney to a situation where a judge challenges or reverses a decision in a case, which may result in the need to re-argue it and provide new supporting evidence.
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