How to Shepardize a Case
Select the online database to which you have access., Use Shepard's by LexisNexis to locate cases that have referenced your case., Use WestLaw's KeyCite function to locate cases that have referenced your case., Read the cases identified through your...
Step-by-Step Guide
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Step 1: Select the online database to which you have access.
LexisNexis and Westlaw are the primary online databases used by lawyers and law students for conducting legal research.
Both are equally useful for Shepardizing cases, though subscribing to either service as an individual consumer can be prohibitively expensive.
For this reason, most lawyers and law students use the one to which they have free access through their law school or employer.
As a law student, you will likely be given free access to both LexisNexis and Westlaw through your law school.
Try to get familiar with both of them, as you may have access to only one once you begin working.
If you do not have access to either LexisNexis or Westlaw, look into cheaper online legal research databases, like Loislaw, FastCase, Casemaker and Bloomberg Law.
These databases offer fewer search tools than LexisNexis and Westlaw, but do provide Shepardizing functions.Be wary of free online legal research databases, such as Google Scholar, which while useful for basic case search, are still not considered reliable for Shepardizing cases. -
Step 2: Use Shepard's by LexisNexis to locate cases that have referenced your case.
When you Shepardize a case using Shepard's by LexisNexis, the database automatically produces a report showing every opinion in which your case has been referenced with a symbol that highlights any negative treatment.Log on to LexisNexis by entering your online ID and password.
If you are a law student, you can access the site by opening: https://signin.lexisnexis.com/lnaccess/app/signin/aci/ls.
Look up your case by entering the citation (including volume, reporter designation and page number) within the main search box.Open the full text view of the case.
Use the "Next Steps" dropdown box at the top right of the case to select "Shepardize" or click on the Shepard's Signal on the top left.
Review the Shepard’s report automatically produced in response to your query.
This report contains a list of the cases that have cited your case.
The Shepard's Signal Marker will indicate to you how other cases have treated your case.
Identify whether there has been any negative treatment of your case.
The Shepard's Signal Marker will highlight any negative treatment of your case by displaying either a red warning sign, a yellow caution sign or an orange box with the letter “Q” in it. , When you Shepardize a case using WestLaw's KeyCite, the database automatically produces a report showing every opinion in which your case has been referenced with a symbol that highlights any negative treatment.
Log on to Westlaw by entering your online ID and password.
If you are a law student, you can access this site by opening: https://signon.thomsonreuters.com/?productid=LSC&returnto=https%3a%2f%2flawschool.westlaw.com%2fauthentication%2ftoken%3ffwdURL%3d%252fdesktopdefault.aspx&bhcp=1 Look up your case by entering the citation (including volume, reporter designation and page number) within the "Find by Citation" text box.Once the full text of the case appears, click on "History" or "Citing References" on the Links tab in the left frame or click on the KeyCite status flag, if available.
Review the KeyCite report automatically produced in response to your query.
This report contains a list of the cases that have cited your case.
The KeyCite status flag will indicate to you how other cases have treated your case.
Identify whether there has been any negative treatment of your case.
The KeyCite status flag will highlight any negative treatment of your case by displaying either a red or yellow flag. , Your online search will yield a list of cases in which courts have referenced your case with symbols showing whether there has been any negative treatment.
Click on the citations for any cases that display negative treatment and read them carefully.
As you read each case, consider how the court's analysis and holding affect the law in your case.
If the proposition for which you had hoped to cite your case is no longer valid given the analysis and holding in the more recent case, you will not be able to use it in support of your argument.
In that scenario, you will need to start over with your legal search and find a new case that supports your argument. -
Step 3: Use WestLaw's KeyCite function to locate cases that have referenced your case.
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Step 4: Read the cases identified through your search.
Detailed Guide
LexisNexis and Westlaw are the primary online databases used by lawyers and law students for conducting legal research.
Both are equally useful for Shepardizing cases, though subscribing to either service as an individual consumer can be prohibitively expensive.
For this reason, most lawyers and law students use the one to which they have free access through their law school or employer.
As a law student, you will likely be given free access to both LexisNexis and Westlaw through your law school.
Try to get familiar with both of them, as you may have access to only one once you begin working.
If you do not have access to either LexisNexis or Westlaw, look into cheaper online legal research databases, like Loislaw, FastCase, Casemaker and Bloomberg Law.
These databases offer fewer search tools than LexisNexis and Westlaw, but do provide Shepardizing functions.Be wary of free online legal research databases, such as Google Scholar, which while useful for basic case search, are still not considered reliable for Shepardizing cases.
When you Shepardize a case using Shepard's by LexisNexis, the database automatically produces a report showing every opinion in which your case has been referenced with a symbol that highlights any negative treatment.Log on to LexisNexis by entering your online ID and password.
If you are a law student, you can access the site by opening: https://signin.lexisnexis.com/lnaccess/app/signin/aci/ls.
Look up your case by entering the citation (including volume, reporter designation and page number) within the main search box.Open the full text view of the case.
Use the "Next Steps" dropdown box at the top right of the case to select "Shepardize" or click on the Shepard's Signal on the top left.
Review the Shepard’s report automatically produced in response to your query.
This report contains a list of the cases that have cited your case.
The Shepard's Signal Marker will indicate to you how other cases have treated your case.
Identify whether there has been any negative treatment of your case.
The Shepard's Signal Marker will highlight any negative treatment of your case by displaying either a red warning sign, a yellow caution sign or an orange box with the letter “Q” in it. , When you Shepardize a case using WestLaw's KeyCite, the database automatically produces a report showing every opinion in which your case has been referenced with a symbol that highlights any negative treatment.
Log on to Westlaw by entering your online ID and password.
If you are a law student, you can access this site by opening: https://signon.thomsonreuters.com/?productid=LSC&returnto=https%3a%2f%2flawschool.westlaw.com%2fauthentication%2ftoken%3ffwdURL%3d%252fdesktopdefault.aspx&bhcp=1 Look up your case by entering the citation (including volume, reporter designation and page number) within the "Find by Citation" text box.Once the full text of the case appears, click on "History" or "Citing References" on the Links tab in the left frame or click on the KeyCite status flag, if available.
Review the KeyCite report automatically produced in response to your query.
This report contains a list of the cases that have cited your case.
The KeyCite status flag will indicate to you how other cases have treated your case.
Identify whether there has been any negative treatment of your case.
The KeyCite status flag will highlight any negative treatment of your case by displaying either a red or yellow flag. , Your online search will yield a list of cases in which courts have referenced your case with symbols showing whether there has been any negative treatment.
Click on the citations for any cases that display negative treatment and read them carefully.
As you read each case, consider how the court's analysis and holding affect the law in your case.
If the proposition for which you had hoped to cite your case is no longer valid given the analysis and holding in the more recent case, you will not be able to use it in support of your argument.
In that scenario, you will need to start over with your legal search and find a new case that supports your argument.
About the Author
Maria Gutierrez
Dedicated to helping readers learn new skills in crafts and beyond.
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