What Does It Mean to Shepardize a Case? A thorough look to Legal Research
When legal professionals discuss "shepardizing a case," they are referring to one of the most critical research practices in the legal field. But Shepardizing a case means to check the current status and validity of a legal precedent by tracing how a court decision has been cited, criticized, affirmed, or overruled by subsequent cases and authorities. This essential legal research technique allows attorneys, judges, law students, and legal scholars to determine whether a particular court ruling remains good law or has been weakened over time Small thing, real impact. No workaround needed..
The term "shepardize" derives from the famous legal citation system created by Frank Shepard, who founded the Shepard's Citations service in the late 19th century. Understanding how to shepardize a case is fundamental to competent legal practice, as relying on an overruled or negatively treated precedent can result in failed legal strategies, dismissed claims, and professional embarrassment.
Some disagree here. Fair enough.
The History Behind Shepard's Citations
Frank Shepard, a Chicago-based publisher, recognized a significant problem in legal research during the 1870s. Attorneys needed a reliable way to determine whether the cases they cited in their arguments still held legal authority, but no comprehensive system existed for tracking case citations and their subsequent treatment. In 1873, Shepard began publishing his citation guides, which eventually became the most trusted name in legal citation research Simple, but easy to overlook. And it works..
The original Shepard's Citations were published in book form, requiring legal researchers to manually flip through volumes to determine a case's current status. With the advent of computer-assisted legal research, shepardizing has evolved into a sophisticated digital process, though the fundamental purpose remains unchanged: to verify that legal authority remains valid and applicable It's one of those things that adds up..
Today, major legal databases like LexisNexis and Westlaw offer integrated shepardizing tools that make this research faster and more comprehensive than ever before, but the core concept—what does it mean to shepardize a case—remains rooted in Frank Shepard's original vision of tracking legal precedent.
Why Shepardizing Matters in Legal Practice
The importance of shepardizing cannot be overstated in legal proceedings. When an attorney presents a case to a court as authority for a legal proposition, they must make sure the case actually supports their argument and hasn't been undermined by later decisions. Here are the primary reasons why shepardizing is essential:
- Ensures Legal Validity: A case that was once good law may have been explicitly overruled, implicitly overruled, or criticized by subsequent courts. Shepardizing reveals these developments.
- Strengthens Legal Arguments: By citing cases that have been positively treated and affirmed, attorneys build more persuasive arguments.
- Avoids Professional Mistakes: Citing a case that has been discredited can damage an attorney's credibility and harm their client's case.
- Satisfies Professional Responsibility: Lawyers have an ethical duty to know the current state of the law, and shepardizing is the primary method for fulfilling this obligation.
How to Shepardize a Case: Step-by-Step Process
Understanding what does it mean to shepardize a case is only the beginning; knowing how to do it effectively is equally important. The process involves several key steps:
Step 1: Identify the Case to Research
Begin with a specific case citation, including the volume number, reporter name, and page number. Which means for example, you might want to shepardize "Marbury v. Madison, 5 U.S. 137 (1803).
Step 2: Access a Legal Database
Use a comprehensive legal research platform such as LexisNexis, Westlaw, or Bloomberg Law. These databases contain integrated shepardizing tools that track citations across jurisdictions.
Step 3: Run the Shepard's Report
Enter the case citation into the shepardizing function. The system will generate a comprehensive report showing all subsequent cases that have cited your target case The details matter here..
Step 4: Analyze the Treatment Symbols
Legal databases use color-coded symbols and terms to indicate how subsequent courts have treated your case:
- Positive treatment: Cited with approval, followed, affirmed, distinguished positively
- Negative treatment: Criticized, overruled, reversed, disapproved
- Neutral treatment: Cited but not directly relied upon, mentioned in dicta
- Questioned: Doubted, questioned, challenged
Step 5: Review Key Citing References
Examine the most recent and most relevant citing cases to understand how courts are currently applying or viewing your precedent.
Step 6: Check for Legislative Changes
Some shepardizing tools also track legislative amendments or regulatory changes that might affect your case's validity Not complicated — just consistent..
Understanding Shepard's Signals and Their Meanings
When you shepardize a case, you'll encounter various signals that indicate how subsequent courts have treated your precedent. Understanding these signals is crucial for accurate legal research:
Positive Signals:
- Cited: The case was referenced and generally supported
- Followed: Another court applied the same legal principle
- Affirmed: A higher court upheld the case's holding
- Distinguished: A court found the case inapplicable but not wrong
Negative Signals:
- Overruled: A court with proper authority explicitly declared the case no longer good law
- Criticized: A court expressed disapproval of the case's reasoning
- Disapproved: A court rejected the case's legal principles
- Reversed: A higher court overturned the case's outcome
Neutral or Cautionary Signals:
- Questioned: A court expressed doubt about the case's validity
- Doubted: A court suggested the case might be wrong
- Limited: A court restricted the case's scope of application
Common Misconceptions About Shepardizing
Many legal researchers, especially those new to the practice, hold misunderstandings about what does it mean to shepardize a case. Let's address some common misconceptions:
Misconception 1: Old Cases Are Always Bad Law Not necessarily. Many landmark cases have been cited positively for centuries. Age alone doesn't determine a case's validity—subsequent treatment matters more That's the part that actually makes a difference..
Misconception 2: Negative Treatment Always Means a Case Is Useless Even cases that have been criticized or partially overruled may still have viable applications. A skilled attorney can distinguish a negatively treated case or argue for its continued validity in appropriate circumstances.
Misconception 3: Shepardizing Is Only for Case Law While primarily used for case law, shepardizing principles can apply to statutes, regulations, and other legal authorities. Always verify the current status of any legal authority you intend to cite Simple as that..
Best Practices for Effective Shepardizing
To get the most out of your shepardizing research, consider these professional tips:
- Shepardize Early and Often: Check cases at the beginning of your research and again before filing any legal document.
- Check Multiple Databases: Different databases may have different coverage, so cross-reference when possible.
- Look Beyond Headnotes: Full-text analysis of citing cases provides more nuanced information than treatment summaries.
- Pay Attention to Jurisdiction: A case may be good law in one jurisdiction but negatively treated in another.
- Set Up Alerts: Many databases allow you to set up ongoing alerts for cases you're tracking, notifying you of new citations.
Frequently Asked Questions
How long does it take to shepardize a case?
The time required varies depending on the case's age and the number of subsequent citations. A recent case with few citations might take minutes, while an older landmark case with thousands of citations could require hours of careful analysis.
Can I shepardize a case for free?
Some basic shepardizing functionality is available through free legal databases, but comprehensive coverage typically requires a subscription to premium legal research platforms like Westlaw or LexisNexis And that's really what it comes down to..
Does shepardizing apply to state cases?
Yes, shepardizing applies to cases from all jurisdictions, including state courts. The treatment history may be more complex for state cases that have been cited in multiple jurisdictions.
What should I do if my case has negative treatment?
Consult with senior attorneys or conduct additional research to determine whether the negative treatment affects the specific legal proposition you're citing. You may need to find alternative authority or argue for a distinction.
Is shepardizing the same as citator checking?
Essentially, yes. "Shepardizing" has become a generic term for checking citations, though the specific Shepard's service is now part of LexisNexis. Other citator services like KeyCite (Westlaw) serve the same purpose Small thing, real impact..
Conclusion
Understanding what does it mean to shepardize a case is fundamental to competent legal practice. This critical research technique ensures that legal professionals rely on valid, authoritative precedents when building their arguments. By tracing how courts have subsequently treated a case—whether affirming, criticizing, or overruling it—attorneys can confidently present arguments grounded in current, reliable authority.
The practice of shepardizing represents more than just a mechanical research task; it embodies the legal profession's commitment to accuracy, due diligence, and the responsible administration of justice. When you shepardize a case, you not only protect your client's interests but also uphold your professional responsibilities as an officer of the court.
Whether you are a first-year law student learning the ropes or a seasoned attorney handling complex litigation, mastering the art of shepardizing will serve you throughout your legal career. Remember: never cite a case without first checking its treatment history. The integrity of your legal work depends on this simple but crucial practice.
Not obvious, but once you see it — you'll see it everywhere.
