Cameron Miranda
Westlaw is one of the premium online research libraries used in law schools. It is handled differently from most other library database subscriptions, as each law student is provided with a personal password account. Students are generally restricted to using Westlaw for academic purposes only and cannot use it for employment outside of law school. However, there are some exceptions to this rule, such as during the summer and for a limited time after graduation. So, can a law student share their Westlaw case with their family?
| Characteristics | Values |
|---|---|
| Use of Westlaw by law students | Restricted to academic purposes only |
| Use of Westlaw by law students working for an employer | Prohibited |
| Use of Westlaw by law students for summer coursework | Permitted |
| Use of Westlaw by law students for research assistant assignments | Permitted |
| Use of Westlaw by law students for law review or journal research | Permitted |
| Use of Westlaw by law students for moot court research | Permitted |
| Use of Westlaw by law students for non-profit work | Permitted |
| Use of Westlaw by law students for clinical work | Permitted |
| Use of Westlaw by law students for externships | Permitted if sponsored by the school |
| Use of Westlaw by law students for commercial research | Prohibited |
| Use of Westlaw by law students for six months after graduation | Permitted |
| Use of Westlaw by law students for bar preparation purposes | Permitted |
| Use of Westlaw by law students for pro bono and public service programs | Permitted |
| Use of Westlaw by law students for law school-paid stipend work | Permitted |
| Use of Westlaw by law students for unpaid public internships or externships | Permitted if part of graduation requirements |
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What You'll Learn
Law students' personal Westlaw passwords
Law students are provided with personal Westlaw passwords. The Law Library pays an annual subscription fee to Westlaw based on the number of enrolled law students. In return for this access, Westlaw places restrictions on the use of the passwords by law students. Generally, students can only use Westlaw for academic purposes only and not for work purposes. For example, students at the University of Akron can use their Westlaw passwords for educational purposes directly related to their coursework at Law School or for bar preparation purposes.
Students at Case Western Reserve University are provided with personal password accounts for Westlaw services at the beginning of their first year. They can use their Westlaw registration information to establish their own username and password. Students can access Thomson Reuters products, including Westlaw and Practical Law, for six months after graduation.
There are sanctions in place for students who misuse their Westlaw passwords. At the University of Akron, for example, a contract violation can result in having to pay the vendors for the services misused at commercial rates. Violators are also likely to lose their privileges to use Westlaw as students. A pattern of violations could result in the vendors canceling their contracts with the university, which would impact all students and faculty.
In some states, an attorney could be found to have violated professional ethics by asking law students to use their academic Westlaw accounts to conduct legal research for work. For instance, see the Utah State Bar Ethics Advisory Opinion No. 2011-03 on the unethical practice of attorneys asking law students to use their academic Westlaw accounts for work.
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Academic use restrictions
However, there are some exceptions to this rule. For example, students can use their Westlaw passwords for non-commercial research over the summer. Examples of permissible uses for academic passwords during this time include summer coursework, research assistant assignments, law review or journal research, moot court research, non-profit work, and clinical work. Students can also use their passwords for externships sponsored by the school, pro bono and public service programs, and unpaid internships or externships that are part of their graduation requirements.
After graduation, students can continue to use their Westlaw passwords for six months. During this time, they can use the database for non-commercial research to support a non-profit organisation.
It is important to note that violating the academic use restrictions on Westlaw can result in sanctions by the university as well as financial penalties from the vendor. Students who misuse their passwords may be required to pay for the services at commercial rates. They may also lose their privileges to use Westlaw as students, and repeated violations could cause the university's contract with Westlaw to be cancelled.
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Non-academic use restrictions
The University of Akron's Law Library pays an annual subscription to both Lexis and Westlaw, which is based on the number of enrolled law students. The library is charged a discounted academic rate, and in return, Lexis and Westlaw place restrictions on the use of passwords by law students. Generally, students can only use Lexis and Westlaw for academic purposes and not for commercial use, such as working for a law firm or other employer. However, there are some exceptions to this rule.
Students are prohibited from using their Lexis and Westlaw accounts for any purpose other than academic study. This includes using their accounts to conduct legal research for work, whether paid or unpaid. Students who violate this agreement may face sanctions from the School of Law and may be required to pay the vendors for the services misused at commercial rates. Additionally, violators may lose their privileges to use Lexis and Westlaw as students, and a pattern of violations could result in the vendors canceling their contracts with the university.
Lexis and Westlaw define academic purposes as including class preparation and assignments, research associated with moot court or law review/law journal, service as a research assistant to a professor (either paid or unpaid), and unpaid internships, externships, or clinics for school credit. Commercial purposes, on the other hand, include research conducted for a law firm, corporation, or other entity that is paying the student to conduct said research or passing along the costs of said research to a third party.
There are some exceptions to the non-academic use restrictions. Lexis permits students to use the database for non-educational purposes, such as working at a law firm, during the summer only. Additionally, students can use their Lexis passwords for six months after graduation. Westlaw also allows students to use their accounts for non-commercial research over the summer to gain understanding and build confidence in their research skills. However, students cannot use their academic passwords in situations where they are billing a client. Examples of permissible uses for Westlaw over the summer include summer coursework, research assistant assignments, law review or journal research, moot court research, non-profit work, clinical work, and externships sponsored by the school.
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Consequences of contract violation
A contract violation, or breach of contract, occurs when a party fails to meet their obligations under a legally binding agreement, either wholly or partially. A breach of contract can happen in both a written contract and an oral contract. The consequences of a contract violation can vary depending on the type of contract, the nature of the breach, and the applicable laws.
Types of Breaches
Breaches can be material, minor, anticipatory, or actual, each carrying different legal consequences. A minor breach occurs when a party delivers goods or services but not on time. For example, if a tailor promises to deliver an adjusted garment by a certain date but delivers it a day later, this would be considered a minor breach. A material breach, on the other hand, is when you receive something different from what was stated in the agreement. For instance, if you order paper and receive staplers instead, this would be a material breach. An anticipatory breach occurs when a party states in advance that they will not be delivering on the terms of the contract. In such cases, the other party is not required to take any further actions under the contract.
Remedies for Breach of Contract
The main remedies for a breach of contract include damages, specific performance, contract rescission, or restitution. Damages can be compensatory, covering the actual losses suffered as a result of the breach, or punitive, intended to punish the breaching party for egregious or harmful acts. Liquidated damages are pre-agreed damages specified within the contract, which may be difficult to determine in advance. Nominal damages are awarded for immaterial breaches, serving as a warning for inconveniencing the performing party. Specific performance is a court order requiring the breaching party to fulfill their original obligations, usually involving unique goods or property. Rescission cancels the contract and relieves all parties of further obligation, while restitution restores the injured party to the position they were in before the contract was made.
Consequences of Breach of Contract
The consequences of a breach of contract can be both financial and relational for both parties involved. Litigation to remediate losses can be costly and time-consuming, leading to financial losses for both parties. Civil penalties for breaches can include financial restitution, loss of business relationships, or court-ordered performance. Repeated contract breaches can damage relationships with customers and partners, impacting future contracts and partnerships. In extreme cases, significant financial losses resulting from a breach may lead to layoffs or downsizing, affecting job security. Regulatory breaches that violate industry regulations or legal standards may result in regulatory fines or penalties.
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Alternatives to Westlaw
As per the permissible use policy, law students can only use Westlaw for academic purposes and bar preparation purposes. Commercial use of Westlaw by law students is prohibited.
- LexisNexis: This is one of the most popular alternatives to Westlaw. It is a database that allows primary researchers within legal and professional organisations to find relevant information easily and efficiently. LexisNexis is known for being more flexible with its pricing and accommodating towards potential customers. Lexis also allows students to use the database for non-educational use during the summer and for six months after graduation.
- Casetext: Casetext is the most widely used AI legal research technology. It has a flat rate of $100 per month and is a good option for getting the job done.
- Bloomberg Law: Bloomberg Law is another alternative that is free for law students and has no academic restrictions on use.
- CourtListener: CourtListener is a free tool that contains over three million legal opinions from federal and state courts. It also provides oral argument audio recordings from the Supreme Court and an increasing number of state courts.
- Google Scholar: Google Scholar offers free access to case opinions, including US Supreme Court cases from 1791 to the present and US Federal District, Appellate, Tax, and Bankruptcy Court cases from 1923 to the present.
- Other alternatives include Clio, Smokeball, MyCase, Amicus Premium 2015, LawInsider, Rocket Matter, and LollyLaw. These are software or web-based practice management systems for small to mid-sized law firms.
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Frequently asked questions
No, law students are generally not allowed to share their Westlaw cases with family as the service is intended for academic purposes only. Each law student is provided with a personal password account for the service, and using it for non-educational purposes could result in sanctions by the School of Law and loss of privileges to use the service.
Westlaw is a premium online research library used in law, providing access to case law, statutory law, and other legal resources.
Westlaw accounts provided by universities are generally for educational purposes only. However, Lexis permits students to use their database for non-educational purposes, such as working at a law firm, during the summer.
Misusing your Westlaw account can result in sanctions by the School of Law, loss of privileges to use the service, and in some states, attorneys who misuse the service may be found to have violated professional ethics.
Yes, Westlaw is a valuable resource for law students, offering access to electronic copies of rules, codes, and restatements that can aid in understanding cases and preparing for exams.
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