I exclusively use Westlaw for my legal research but recently found 2 unpublished district court opinions that were only on Lexis and not Westlaw.

I previously had no idea that opinions could be listed on one site and not the other. I’m now wondering how much I fucked up my past research by exclusively using Westlaw.

Is one platform more comprehensive than the other? When conducting significant research, does everyone exhaustively search on both platforms? How did I not know this before?

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Contact Westlaw and ask why those opinions are not in its database, and let us know what you find out!

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My old firm ran multiple tests of this over a couple years on our briefs to see if we were potentially missing significant authority and there was a handful of cases total over 3 years that were only on Lexis. If it’s a matter of cost and your firm only has Westlaw, I wouldn’t worry about it. But if your firm has paid for both, it’s prudent to check both just to be safe.

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Ah that’s interesting. Thanks for the response. We do have access to both but i imagine it will add significant time to cross check each time I do research. Will probably have to do it on a case by case basis (no pun intended) based on the need and budget.

If you think you’re missing cases by not searching Lexis, just wait until you find how many cases you’re missing by not searching BloombergLaw. I’ve found several opinions (published and unpublished) only on BloombergLaw and not on Lexis / Westlaw.

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There have been a few times where I have needed an old, civil court opinion in New York, and it’s only been in BloombergLaw. So frustrating.

My understanding is that’s only a problem with unpublished decisions. Unless a published decision is very new it should be on both platforms. I’d contact your Westlaw rep to see if they can explain why it didn’t turn up. I primarily use Lexis but will use both on the rare instances it is warranted (since it almost doubles the research time).

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Yes, it’s true that the two databases can differ. I recall being instructed to search both when doing research for briefs, when I was at firms that had both subscriptions.

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I am clerking right now and was surprised to learn this too. We can send the decisions to WL, Lexis, or both for publication. It could just be my district, but I find a lot of cases just on Lexis, which is odd to me.

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You need to check trial docs on Westlaw too. Not just cases.

What are trial docs on Westlaw? Is that the equivalent of Lexis’s CourtLink database, which searches across dockets?

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Yeah our firm noticed this as well. I pretty much exclusively use westlaw but there were times according to people at my firm where they found cases on Lexis that weren’t on westlaw. The firms now switching because they don’t have the resources for both

You didn't mess up your research by not taking into account an unpublished opinion. Unpublished opinions are not binding.

Thanks. I doubt I missed a bombshell or anything but will take any helpful case law I can get, even if it’s just instructive and not binding.

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I’ve found the opposite to be true before- things on Westlaw that aren’t on Lexis.

My firm or office has always used whatever is used by the courts we’re practicing in front of the most.

When decisions aren't marked for publication by the court, it is hit or miss as to what either service will pick up. Most of the time, they have the same stuff. There is no rhyme or reason to the other stuff they pick up. But if you have an unpublished decision you want to cite, guaranty it will be in neither database.

If the opinion is unpublished you can’t rely on it or even cite to it. At least in California.

Of course.

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