practicehacker

Even if Google Scholar does begin the long climb into the consciousness of lawyers, goes the thinking, Wexis could certainly deal with a direct attack as it dealt with Loislaw and Fastcase before. After all the real power of the network is that it resists by tightening its grip and digging in its heels until removing it would kill the host. But direct action is not Google’s style. On the contrary, Google is king of feature creep. It excels at constant development of bells and whistles joined to a simple, irresistible feature like … search. So it’s a good bet that Google Scholar will not directly threaten Westlaw or Lexis any more than Adwords threatened Findlaw or Lawyers.com. Of course Google has relentlessly siphoned off legal marketing dollars from Wexis for the past decade regardless of its indirect approach. And like Adwords, Google Scholar is part of an even bigger network than either Westlaw or Lexis. So maybe change is possible.

At the end of the day, I believe that Google Scholar will do for legal research what Avvo did for lawyer selection: bring transparency where there was none before. If that happens then consumers of legal information including lawyers, scholars, students, and lay people, will be able to bypass the thicket of jargon and questionable practices that kept them in thrall to Wexis for a century. The result would be a body of legal research enhanced by user input (think Wikipedia) instead of a narrowly controlled, opaque system like the ones that lawyers use now. Change, at last.

This month the ABA Journal features a comprehensive look at the new crop of threats facing Westlaw and Lexis, including Google Scholar and Bloomberg Law. According to the article Westlaw intends to roll out it’s next-gen research platform, WestlawNext, in time for the ABA Technology Show in March; while LexisNexis will announce the new Lexis, dubbed creatively ‘New Lexis,’ later this year. But while the article makes it sound as if both companies are about to make a real technological leap, I’d advise you not to hold your breath. Westlaw and Lexis have never responded to threats with anything but cosmetic changes, falling back instead on enticement or intimidation to keep users loyal. And it has always worked, so why fix what ain’t broken? Besides, how likely is it that after generations of taking their market for granted either company will invest the time, money, or business discipline needed to break with the past? Then again, if Wexis loses its iron grip on legal the spigot of legal information then it is nothing but a search engine, and not a good one at that. Reason enough to be afraid.

So are Westlaw and Lexis simply keeping up appearances as they did when the Internet threatened their proprietary networks in the 90’s? Or do they really think they can change everything from their business model to their corporate culture to cope with the likes of Google and Bloomberg? My guess is that, as usual, Westlaw and Lexis will talk a good game but continue to rely on contracts and intimidation over innovation. Hey, it worked for AIG, GM, and Lehman Brothers, right? And look where they are today.