TL;DR
Two companies — West (Westlaw) and Lexis (LexisNexis) — now control most commercial legal research, a position that grew from print-era publishing and early moves into computerized databases. High per-search fees and judicial record charges mean much legal material remains effectively behind paywalls, even as AI makes new access methods possible.
What happened
Over more than a century the market for legal research consolidated around a small number of firms. West Publishing, founded in the late 1800s, built a private system of regional reporters and an editorial Key Number taxonomy that lawyers used to find and cite cases. Other 20th-century publishers provided citation services, state law reporters, and specialist treatises; firms such as Shephard’s, Michie, Matthew Bender, and others were active participants. In the 1970s computers changed the field: Mead Data Central launched Lexis, putting case texts into a searchable electronic database, and West followed with Westlaw. Thomson (later Thomson Corporation) acquired many smaller publishers and competed with West; Lexis licensed content from Thomson to build competitiveness. By the 1990s a wave of consolidations and contracts left Westlaw and LexisNexis with outsized market positions. The result today, the author argues, is costly access — including single-search fees reported as high as $469 — and continuing barriers to reading and using the law.
Why it matters
- Public access to legal texts underpins the rule of law; paywalls and high fees limit that access.
- Proprietary editorial systems and citation conventions can lock practitioners into specific platforms.
- High search prices and judicial-record fees raise costs for lawyers, litigants, and research-driven technologies.
- Generative AI’s potential to explain law depends on having affordable access to reliable source databases.
Key facts
- West Publishing began in the late 1800s and developed the National Reporter System (NRS).
- West created the Key Number editorial system to classify legal issues and headnotes.
- Mead Data Central launched Lexis in the 1970s as the first computer-operated legal research database.
- West responded with its own online service, Westlaw, shortly after Lexis’ entry.
- By 1977 there were roughly 23 sizable legal publishers active in the market.
- Thomson expanded by acquiring many smaller legal publishers in the late 1970s and beyond.
- Lexis licensed content from Thomson as part of its effort to compete with West.
- Shephard’s established the practice of citation-checking now called 'Shephardization.'
- Lexis has been reported to charge up to $469 for a single search.
- Many historical legal publishers were later absorbed by larger firms; an exception noted was CCH, which was later acquired by Wolters Kluwer.
What to watch next
- Whether generative AI services gain reliable access to comprehensive legal databases to make case law widely searchable and explainable (confirmed in the source).
- Any antitrust or regulatory actions targeting concentration in legal publishing and research platforms (not confirmed in the source).
- Reforms or court policies aimed at reducing fees for access to judicial records and opinions (not confirmed in the source).
Quick glossary
- Common law: A legal system in which rules are developed through judicial decisions and precedent as well as statutes.
- Case cite: A standardized reference that identifies where a judicial opinion is published so others can locate and cite it.
- National Reporter System (NRS): A regionally organized set of reporters that compiles published court decisions into standardized volumes.
- Key Number system: An editorial taxonomy that assigns topic-based numbers and headnotes to legal issues to aid research and cross-referencing.
- Shephardization: The process of tracking how later courts have treated an earlier case to determine whether it remains good law.
Reader FAQ
Why do Westlaw and LexisNexis dominate legal research?
Their positions grew from long-established print publishing, proprietary editorial systems (like West’s Key Numbers), early moves into electronic databases, and a series of acquisitions and contracts that consolidated the market.
Are court opinions public domain?
The source says case law is technically in the public domain.
Why are legal searches expensive?
Commercial platforms charge high prices for search access and many court systems also charge for records, creating cost barriers for users; the source notes single-search fees reported as high as $469.
Can AI make legal information freely accessible?
The source suggests generative AI could clarify legal questions if it can access credible databases, but whether that access becomes available is not assured.
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Sources
- Gatekeepers of Law: Inside the Westlaw and LexisNexis Duopoly
- How a Meme Explains the Westlaw/Lexis and Generational …
- Lessons from Legal Research's Past for the GenAI- …
- OPEN ACCESS IN A CLOSED UNIVERSE: LEXIS, …
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