Vol. 8, No. 2, Pg. 20. Lawyers and the Internet: Are You Connected?.

• Author: By Courtney G. McKenzie

South Carolina Lawyer

1996.

Vol. 8, No. 2, Pg. 20.

Lawyers and the Internet: Are You Connected?

20Lawyers and the Internet: Are You Connected?By Courtney G. McKenzieA whole new world of legal information is available on the Internet. This article will assist lawyers who are unfamiliar with the Internet by answering basic questions about it, explaining why it is important to lawyers, and then pointing them in the right direction to find legal resources.

The Internet has been called the Information Superhighway, but what is it really? It is a global network of interconnected computer networks. A "network" is simply two or more computers connected by wires, allowing computer users to share information. The Internet is made up of hundreds of thousands of networks all around the world. The networks belong to universities, governments, private companies and individuals.

Many members of the legal profession are using the Internet to send e-mail, and an increasing number of lawyers have home pages on the World Wide Web, but until recently the Internet was not considered a viable source of law related information. This has changed. The average lawyer can now use it to conduct useful legal and law related research.

There is a wealth of legal information available on the Internet. Opinions of the U.S. Supreme Court and all the U.S. Circuit Courts of Appeals, Securities and Exchange Commission filings, the U.S. Code, the Code of Federal Regulations, law journals, federal and state legislative information, and governmental agencies are just a few of the sources available, with more being added. It does not make sense for lawyers to ignore this vast resource that is essentially free.

22 A DUTY TO CHECK THE INTERNET?

Courts are beginning to recognize the role that the Internet can have as a source of information. In Whirlpool Financial Corporation v. GN Holdings, Inc., 67 F.3d 605 (7th Cir. 1995), Whirlpool brought a securities fraud action against GN under Rule 10b-5 and § 10(b) of the Securities Exchange Act of 1934. The Circuit Court held that information Whirlpool claimed it needed in order to "uncover" the alleged fraud was in the public domain.

The Court stated: "In today's society, with the advent of the 'information superhighway,' federal and state legislation and regulations, as well as information regarding industry trends are easily accessed. A reasonable investor is presumed to have information available in the public domain, and therefore Whirlpool is imputed with constructive knowledge of this information." Id. at 610. Some Internet scholars are characterizing this decision as possibly imposing a "duty to browse" the Internet on litigants in securities fraud actions.

THE INTERNET VS. TRADITIONAL METHODS

It may never be possible to abandon the traditional sources--texts, Westlaw, Lexis and CD-ROM--in favor of the Internet. Although much of the same information is available in the Internet, there is a difference. Case opinions may only go back a few years, instead of 100 years. And while keyword searching of opinions and statutes is available in many places on the Internet, it is less efficient and less accurate than Westlaw or Lexis. Thus far, there has not been an incentive to provide accurate, comprehensive legal information on the Internet.

However, there are indications this could be changing. More and more state and federal governmentalentities are adding information to the Internet. Courts at every level are embracing the idea of wider access to opinions and rules via the Internet. By law, California makes the California Constitution, the code and other legislative material available on the Internet, http://www.leginfo.ca.gov/. As this trend continues elsewhere, the expectations for accurate material, and more of it, will skyrocket.

INEXPENSIVE INVESTIGATIVE RESEARCH

The Internet is not yet a substitute for traditional legal research, but it can provide lawyers with an inexpensive, convenient alternative. It is a good source of unique information that cannot be found elsewhere as quickly and easily.

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