| Yes, it sounds crazy and against the principle of open justice, but unfortunately this is the reality. Certainly in the UK which is my jurisdiction - and I believe in the US too although I don't know for sure. In theory, any member of the public can obtain a judgment by applying for one at the court and paying a fee. That's fine if you just need a one-off judgment, don't mind paying the fee, and you're not in a hurry. It also assumes that you know which case you need. For realistic legal research, you might need to wade through dozens of cases just to even know if any of them are relevant, you might have a deadline of tomorrow to get it done, and you might not want to pay that fee for a bunch of cases that you aren't going to end up needing. Only a company which already has a comprehensive copy of virtually every important case can help you here. A typical workflow for a complex piece of legal research might look like this: 1. You need to research a legal topic. 2. Do some Googling, or chat to your LLM, to get a rough overview and some pointers for further research (but don't completely rely on what you find). 3. Read some professional content (e.g. Practical Law articles relevant to the topic, or a legal textbook). 4. Read the relevant legislation. 5. Use a legal database to download all the cases you found from steps 2 and 3 which seem like they might be relevant. 6. Use a legal database to download all the cases which cite the relevant legislative provisions you found in step 4 and seem like they might be relevant. 7. Use the legal database to confirm that those cases are still good law (not overridden or criticised by a later case). 8. Skim read them, discard those that turned out to obviously not be relevant. 9. Read the remaining ones more closely. 10. Note any useful-looking cases which are cited in the ones from step 9, and recursively work your way through those cases as well. Relying on court-provided copies of judgments won't realistically help you with most of these steps. |
It's obviously even more important for judges (compared to lawyers) to be able to easily search all of the relevant case law to see which cases are controlling and would have precedence. Seems bizarre to me that this critical function would be gated behind a corporation.