Fastcase’s iPhone/iPad App:
Two Index Fingers Up!

by Rick Alembik
Richard S. Alembik P.C.
www.alembik.com

Consider the “app.”

Short for “application,” it represents the most recent evolutionary stage of computer technology. The iPhone/iPad app is a software program that performs a limited function on an iPod, smart phone, or similar portable device. Like the iPad‚ it’s a device that is not a traditional computer with keyboard and peripherals, but more of a miniaturized and handier version of such “old school” technology. More conventional apps are used to browse online newspapers, check email, stock values, or the weather, to engage one’s preferred social networking sites (Facebook, Twitter, etc.), to jot down hand-written notes, and of course, to play games.

The app’s utility is a function of its ease of use, its dedicated functionality, its portability, and its ability to be used on the user’s selected device in “quick-draw” style: deployed from a phone, whipped out of a pocket, or snatched from a briefcase or backpack. The app’s easy accessibility gives it a substantial advantage over computer-based programs that can be launched only after the computer is turned on, booted up, and put in service. Given the size of the device on which the app is typically deployed it can usually be operated with just an index finger or two. Thus the homonymous phenomenon of folks “digitally” pecking away at their “digital” devices.

As for apps that are useful to Georgia lawyers, we’re in for a treat in 2011.

The State Bar of Georgia has adopted the online legal research service known as Fastcase, which is offered free (with bar dues) to all members of the Bar, beginning this month. It replaces the existing Casemaker service. One neat distinction of Fastcase is that in addition to the conventional computer web-browser interface, it offers a really nifty app for the iPod and iPad.

This writer was recently given a sneak-preview subscription to Fastcase. After a few days of real-world research, focused primarily on the Fastcase app installed in my iPod, the following are some preliminary observations and conclusions. First, while it lacks much of the functionality of the full-blown web-browser-based program, the Fastcase app does makes it easy if not enjoyable to look up a case or statute by cite.

More important, it is easy to do full-blown legal research at the flick of an index finger. Once downloaded and deployed on a device, the app is a study in simplicity and intuitive operation. One simply narrows the jurisdiction and date range of case or statutory authorities to then search using the Boolean method (with which anyone practicing law should already have much familiarity).

When you are sitting in court waiting for your motion hearing to be called, preparing a rebuttal when opposing counsel cites a new case to the court that’s “off brief,” or if you get hit with a brainstorm that merits quick research while lying in bed, sitting in a bar, or watching TV, then this is an app whose value could be significant because of its ease of use and portability.

Now for the downside.

There aren’t a lot of “bells and whistles” associated with this app. (Recall the comment above that ease-of-use is a major draw for any app.) But ease of use and simplicity can also be considered a major advantage. More often than not, the hugely complex and comprehensive libraries of Westlaw or Lexis are too distracting to a user who’s just trying to pull up some quick authority on a narrow legal issue.

Although its simplicity is good, it would still be nice if the app could be modified to permit emailing of findings instead of merely the ability to save them on the device. The only work-around this writer was able to find was to copy desired text from saved research on his iPod, to paste it into Apple’s “Notes” app, and then to mail the note to himself with the saved research note becoming an email attachment.

Also, Fastcase lacks the key numbering taxonomy that West is famous for. Depending on your area of practice, the West Key Numbering system can border on being highly desirable to necessary. A more critical consideration, however, is that neither the app nor Fastcase itself features a citator (like Shepard’s, or Keycite). It does provide a function known as “Authority Check,” which is a generated list of cases that cite the case in question. But, since there is no function that will automatically signal whether your case’s precedential value has been compromised the danger of not having a back-up service like Shepard’s or Keycite is obvious.

Arming oneself with a cite-checking service is therefore highly advisable. This writer was able to install and operate Lexis’s free iPhone app. (Apparently Westlaw has its own iPhone app, too.) Shepardizing cases with this app went just fine using my Lexis account. An initial survey of the market for limited subscriptions suggests that the cost is justifiable when combined with the savings achieved by getting Fastcase for free. (If the user wishes to cite check cases “a la carte” without a full citator subscription, then the cost of each such search should run about $6.)

Finally, if you are in the category of people who believe in separating work from play, do not get this app. The Fastcase app is a poster child for the modern quandary of how to achieve healthy “down time” from work. But if you are, like this writer, obsessed with your work, then this is a device that will certainly facilitate your addiction to the practice of law around the clock.

In sum, and with apologies to Siskell and Ebert, it’s hard not to give “two index-fingers up” to Fastcase’s iPhone/iPad app‚ for what it is. It’s an app that’s free and facile. It complements the web-browser-based version of Fastcase. It can be at one’s side 24/7/365. But for serious research, don’t cancel your Lexis or Westlaw subscriptions. It should be complemented by a case citator app.