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Audited for Westlaw use

Post by Anonymous User » Mon Jan 04, 2021 5:07 pm

Currently a first year. Started as a stub in September. Just received a call from a partner on the other coast. I had used Westlaw a few times to look up some people I know in court dockets. Westlaw flagged this to the firm. The call was letting me know and wanted to confirm but said it’s “no problem” and to just be aware of privacy rules next time. Obviously am horrified. Has this happened to anyone else before?

jotarokujo

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Re: Audited for Westlaw use

Post by jotarokujo » Mon Jan 04, 2021 5:15 pm

plenty of people in biglaw firms use westlaw for personal stuff, like writing articles. you just have to make sure you're not billing a client when you put your client number in - just use the firm generic client number

Barrred

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Re: Audited for Westlaw use

Post by Barrred » Mon Jan 04, 2021 5:28 pm

Using normal Westlaw for personal purposes is very common (call it "professional development"), but using the public records features (like People Search, Criminal Records search, etc.), which it sounds like you were doing, is more of a no-no, because there are only certain circumstances where you're legally allowed to run those type of records searches (e.g., researching in connection with litigation, etc.).

Anonymous User
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Re: Audited for Westlaw use

Post by Anonymous User » Mon Jan 04, 2021 5:36 pm

Barrred wrote:
Mon Jan 04, 2021 5:28 pm
Using normal Westlaw for personal purposes is very common (call it "professional development"), but using the public records features (like People Search, Criminal Records search, etc.), which it sounds like you were doing, is more of a no-no, because there are only certain circumstances where you're legally allowed to run those type of records searches (e.g., researching in connection with litigation, etc.).
OP here. Yes, it was through public records searches. I think the call was supposed to be the warning/slap-on-the-wrist and I know now. Just unclear how severe of an offense this is in the eyes of a firm.

hdr

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Re: Audited for Westlaw use

Post by hdr » Mon Jan 04, 2021 5:56 pm

Anonymous User wrote:
Mon Jan 04, 2021 5:36 pm
Barrred wrote:
Mon Jan 04, 2021 5:28 pm
Using normal Westlaw for personal purposes is very common (call it "professional development"), but using the public records features (like People Search, Criminal Records search, etc.), which it sounds like you were doing, is more of a no-no, because there are only certain circumstances where you're legally allowed to run those type of records searches (e.g., researching in connection with litigation, etc.).
OP here. Yes, it was through public records searches. I think the call was supposed to be the warning/slap-on-the-wrist and I know now. Just unclear how severe of an offense this is in the eyes of a firm.
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Barrred

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Re: Audited for Westlaw use

Post by Barrred » Mon Jan 04, 2021 6:43 pm

Anonymous User wrote:
Mon Jan 04, 2021 5:36 pm
Barrred wrote:
Mon Jan 04, 2021 5:28 pm
Using normal Westlaw for personal purposes is very common (call it "professional development"), but using the public records features (like People Search, Criminal Records search, etc.), which it sounds like you were doing, is more of a no-no, because there are only certain circumstances where you're legally allowed to run those type of records searches (e.g., researching in connection with litigation, etc.).
OP here. Yes, it was through public records searches. I think the call was supposed to be the warning/slap-on-the-wrist and I know now. Just unclear how severe of an offense this is in the eyes of a firm.
Not a big deal. Just don't make a habit of it.

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avenuem

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Re: Audited for Westlaw use

Post by avenuem » Mon Jan 04, 2021 7:54 pm

Barrred wrote:
Mon Jan 04, 2021 6:43 pm
Anonymous User wrote:
Mon Jan 04, 2021 5:36 pm
Barrred wrote:
Mon Jan 04, 2021 5:28 pm
Using normal Westlaw for personal purposes is very common (call it "professional development"), but using the public records features (like People Search, Criminal Records search, etc.), which it sounds like you were doing, is more of a no-no, because there are only certain circumstances where you're legally allowed to run those type of records searches (e.g., researching in connection with litigation, etc.).
OP here. Yes, it was through public records searches. I think the call was supposed to be the warning/slap-on-the-wrist and I know now. Just unclear how severe of an offense this is in the eyes of a firm.
Not a big deal. Just don't make a habit of it.
I think the right advice, after a partner at the firm called OP for engaging in this conduct, is don't do it again, not to avoid making it a habit. But obviously OP can take their chances and just do it here and there, non-habitually.

Barrred

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Re: Audited for Westlaw use

Post by Barrred » Mon Jan 04, 2021 9:18 pm

avenuem wrote:
Mon Jan 04, 2021 7:54 pm
Barrred wrote:
Mon Jan 04, 2021 6:43 pm
Anonymous User wrote:
Mon Jan 04, 2021 5:36 pm
Barrred wrote:
Mon Jan 04, 2021 5:28 pm
Using normal Westlaw for personal purposes is very common (call it "professional development"), but using the public records features (like People Search, Criminal Records search, etc.), which it sounds like you were doing, is more of a no-no, because there are only certain circumstances where you're legally allowed to run those type of records searches (e.g., researching in connection with litigation, etc.).
OP here. Yes, it was through public records searches. I think the call was supposed to be the warning/slap-on-the-wrist and I know now. Just unclear how severe of an offense this is in the eyes of a firm.
Not a big deal. Just don't make a habit of it.
I think the right advice, after a partner at the firm called OP for engaging in this conduct, is don't do it again, not to avoid making it a habit. But obviously OP can take their chances and just do it here and there, non-habitually.
I think that using the public record search feature on Westlaw after receiving a warning not to do so would constitute "making it a habit," but point taken that I may not have been as clear as I could have been. OP is over-thinking this, he should just say "lesson learned" and move on--even that partner will forget about this in a couple months.

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Elston Gunn

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Re: Audited for Westlaw use

Post by Elston Gunn » Mon Jan 04, 2021 10:29 pm

Yeah, when a partner unprompted say it’s not a problem, that generally means it’s not a problem.

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Whatislaw

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Re: Audited for Westlaw use

Post by Whatislaw » Tue Jan 05, 2021 12:08 am

If you're trying to practice features in Westlaw, then seek out a rep to walk-through a tutorial for you. Or use yourself as the person being searched.

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nahumya

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Re: Audited for Westlaw use

Post by nahumya » Tue Jan 05, 2021 11:49 pm

Anonymous User wrote:
Mon Jan 04, 2021 5:36 pm
Barrred wrote:
Mon Jan 04, 2021 5:28 pm
Using normal Westlaw for personal purposes is very common (call it "professional development"), but using the public records features (like People Search, Criminal Records search, etc.), which it sounds like you were doing, is more of a no-no, because there are only certain circumstances where you're legally allowed to run those type of records searches (e.g., researching in connection with litigation, etc.).
OP here. Yes, it was through public records searches. I think the call was supposed to be the warning/slap-on-the-wrist and I know now. Just unclear how severe of an offense this is in the eyes of a firm.
I thought that Westlaw requires the user to select the specific purpose for these searches from a handful of permitted purposes, none of which is for personal use.

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Lacepiece23

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Re: Audited for Westlaw use

Post by Lacepiece23 » Wed Jan 06, 2021 12:01 am

That’s why I use Lexis. We have unlimited searches on there. I think my firm actually got rid of Weslaw.

But in the grand scheme, no one cares or will care. Just go make some money for the firm.

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