Author: "James W. Tilly" <jwtilly@tilly.com> at ~Internet
Date: 2/26/97 1:56 PM
Priority: Normal
BCC: CITATION at AO-OCPPO
TO: citation@ao.uscourts.gov at ~Internet
Subject: ABA Citation Resolution

To whom it may concern:

     I am a lawyer in Tulsa, Oklahoma. My practice consists primarily 
of civil litigation, with an emphasis on commercial disputes. I am 
writing to express my support for the ABA Citation Resolution.

     I have been in practice for 18 years, and for the last ten years 
have been a shareholder in a small (2-5 lawyer) firm. As is the 
case with most lawyers, one of my largest initial capital outlays 
was for a skeleton law library, to which we added as finances 
permitted over the years. As you know, the cost of acquiring a legal 
library is only the beginning of the expense, since statutes (both 
state and federal) must be updated at least annually, and case 
reporters must be supplemented on a continuous basis. To supplement 
the library materials which we maintain in our office, we have used 
online research, primarily Westlaw. 20

     Access to complete and current legal research materials is not a 
luxury, but a necessity. The cost of maintaining a thorough law 
library is an overhead expense which adds substantially to the 
cost of delivering legal services. Much attention has been devoted 
to procedural changes which can reduce the cost of civil 
litigation, but little attention has been devoted to reducing the 
cost of access to legal research materials.

     I have embraced the use of personal computers to increase the 
speed and efficiency with which legal services can be provided to 
clients. Among the tools which I have used are on-line research, 
discussed above, and the use of CD-ROMs containing caselaw and 
statutes. However, these tools are costly, due in large part to the 
fact that West Publishing Company has traditionally been the only 
source for "official" case and statutory citations. = 20

     I have long been a believer that the statutes, decisions, and 
regulations promulgated by our government can, and should, be made 
available to the public in a more cost efficient manner. I am aware 
that other publishers have begun to offer these materials in CD-ROM  
format, as well as on the Internet, at a cost that is a fraction of 
that charged by West Publishing Company for comparable materials. 
However, the primary drawback to these alternative sources for legal 
materials is the fact that they do not have the "official" West page 
cites, and are thus of little use to attorneys who are citing legal 
authorities to the court.

     I have reviewed the ABA Citation Resolution, and am of the 
opinion that it represents a reasonable alternative to the system of 
citation which is currently used, since it endorses the alternative 
form of citation as * * * "official" cite form, and permits the use 
of the West cite as a parallel cite form. If this citation form were 
to be adopted, I would be able to rely on non-West sources of legal 
reference, substantially reducing my overhead costs, and thus helping 
to control the cost of delivering legal services to the clients I 
represent, mainly small businesses who need legal services, but are 
often deterred from seeking the advice of an attorney because of the 
cost involved.

     I hope you find my comments to be of some help to you in making 
a decision on whether or not to adopt the citation form approved by 
the ABA. I applaud the Administrative Office of the U.S. Courts for 
taking * * * active role in reviewing this issue, which is of great 
importance not only to the bar and legal publishers, but the public 
as well.

                                   Yours very truly,

                                   James W. Tilly
                                   FOR TILLY & ASSOCIATES
                                   P.O. Box 3645
                                   Two West Second Street
                                   Suite 2220
                                   Tulsa, OK 74101-3645
                                   Telephone: (918) 583-8868
                                   Facsimile: (918) 584-3162
                                   Email: jwtilly@tilly.com
                                   WWW: www.tilly.com