Report: Westlaw, Lexis-Nexis, Hook Students by Offering Free Samples

In a shocking new report issued today, TheFact.org, an organization dedicated to monitoring the legal research industry, concluded that conglomerates like the Thomson Corporation and the Reed Elsevier Group, proprietors of Westlaw and Lexis-Nexis, respectively, have been purposely trying to addict young, impressionable law students to their unhealthy products. The report's authors say that their work corroborates what many in the legal community have long suspected.

"Though they claim otherwise, we can now prove that Westlaw and Lexis-Nexis are pushing a perverse product," remarked Ronald Samuelson, research director at TheFact.org. "These companies hook law students by offering years of free use, allowing them to find citations and research legal issues without any cost. However, once the user is fully dependent and starts working at a firm he or she literally incurs thousands of dollars to enjoy the service. This is simply unconscionable!"

Between Westlaw and Lexis-Nexis, thousands of students all around the country have been given free access to these powerful reference tools. According to the report, particularly disturbing is that law students are conditioned to utilize the research portals without care for cost, encouraged to spend countless hours online and to search using the broadest available databases.

"Because the services are seen to be free, law students are taught at a very early time in their legal career to use in big doses," continued Samuelson. "It's understandable that by the time they're practicing attorneys they can't help but rack up immense bills. These poor souls are victims of unscrupulous peddlers taking advantage of the vulnerable."

TheFact.org's expose further details the nefarious ways in which the legal research industry tries to addict the law school population. One section explains that Westlaw and Lexis-Nexis have a complex distribution system including low-level dealers, also known as representatives or "reps." These reps cover various territories around the country and are responsible for hawking legal research tools to easily influenced customers. Among the methods used to hook students are trainings with free pizza, merchandise giveaways and the hiring of student reps who can more easily influence their classmates.

"Lexis and Westlaw come in with their fancy presentations, free stress balls and delicious baked goods," recollected Duke Law 2L Ryan Hoglen. "After that how can I not use their products? Plus, it's all free. Damn you temptation!"

Like other industries intent on maintaining market share for addictive products, Westlaw and Lexis-Nexis have created points-based incentive programs that reward users who consume the highest amount of product. Comparing the systems to Marlboro Points and Camel Cash, TheFact.org concluded that the research giants further reinforce the need to use their services by exploiting the consumerism prevalent among many law students. Offering the opportunity to turn in points for items such as digital cameras, jewelry and DVDs, says the report, "ensures that the students will continue to use and hence suffer from the various negative consequences of legal research addiction."

Medical experts concur that Westlaw and Lexis-Nexis are habit-forming tools that, especially when used excessively, can produce deleterious side effects. Researches at John Hopkins have concluded in a recent study that law students actually experience a high when they find a case or article that helps buttress an argument. The feeling is fleeting, however, when students realize that additional, perhaps stronger, authorities may be available for citation.

"I can't even describe the rush I first felt when, researching for my note, I found a 4th Circuit case exactly on point," said Duke Law 3L Dana Lipstein. "Shortly afterward, though, I considered the possibility that maybe more cases were out there, perhaps even a Supreme Court case or two. So I just searched and searched, hoping to relive that initial sensation but in a more powerful way. The first high just wasn't enough."

Dr. Esteban Perez of the Institute of Behavior Studies remarked that Lipstein's behavior is sadly emblematic of so many Lexis- and Westlaw-addicted students who are always in search of the next buzz.

"I have seen students who can now only feel satisfied if they search for hours, checking every possible nook and cranny for supportive case law," said Dr. Perez. "Such chain researching is not only tragic but also dangerous as students eventually burnout or overdose after countless days of research. What's most disconcerting is that often there never was a case on point available in the first place."

The new report does highlight that some Good Samaritans are trying to help students exposed to these addictive products, namely research librarians and legal writing professors.

"I always try to stress to students that they should research efficiently, that they should use the smallest database possible and take advantage of cost-saving measures like the 'find in results' feature," said Duke Law Research Librarian Janice Wilkinson. "Sadly, though, my message often falls upon deaf ears. It's hard to overcome powerful, sustained marketing and branding efforts, especially when students are exposed to these messages for years before they are legal to practice law."

TheFact.Org CEO Amanda Laminelli emphasized that Westlaw and Lexis-Nexis are hurting us all and called for increased oversight.

"The practices of the legal research industry are simply unacceptable," declared Laminelli during a recent press conference. "Students trained to abuse Westlaw and Lexis-Nexis obviously are harming themselves. However, they also injure the client who is overcharged, the firm whose reputation is tarnished and the society that eventually shoulders the passed-down costs. The secondhand impacts alone should require more stringent regulation of these companies!"

Lexis-Nexis, through its spokesperson Jonathan Griswald, responded to the report with a terse e-mail message to reporters: "There is nothing wrong with our product or the way it's promoted. Legal research makes you look cool, gives you much needed relief after a long day, is used by legal celebrities like Alan Dershowitz and has been declared safe by distinguished doctors. Nothing biased squares like TheFact.org say can change these incontestable facts."