Cognitive Authority, Credibility and Legal Information James Kalbach, May 2004

Comparison Of Two Resources: 1. Robert C Berring , “Legal Information and the Search for Cognitive Authority”, UC Berkeley School of Law, Public Law and Legal Theory, Working Paper No. 99-1 , Sept. 1999. http://www.law.berkeley.edu/library/BPL/BPL1Berring.pdf Also for Shepards: http://www.aallnet.org/products/2000-13.pdf http://www.llrx.com/features/keycite.htm 2. BJ Fogg , Persuasive Technology: Using Computers to Change What We Think and Do. Morgan Kaufmann, 2002. http://credibility.stanford.edu/ http://www.webcredibility.org/guidelines/ http://www.useit.com/alertbox/20030303.html

Cognitive Authority - Berring Berring: Cognitive authority is“ the act by which one confers trust upon a source” He sees a paradigm shift in the legal information world – “Legal information is in the midst of a great change” Previous Legal Information Scene in U.S.: Stable, widespread agreement Small set of independent, for-profit enterprises Ex: Shepards and National Reporter System

Berring: Cognitive authority is“ the act by which one confers trust upon a source”

He sees a paradigm shift in the legal information world – “Legal information is in the midst of a great change”

Previous Legal Information Scene in U.S.:

Stable, widespread agreement

Small set of independent, for-profit enterprises

Ex: Shepards and National Reporter System

Cognitive Authority - Berring What brought on this shift in the U.S.? Increased computer experience and expectations Consolidation of publishers Internet Change in use in 21 st century (who, how, where, when) changes the institutional cognitive authority of the 20 th century LexisNexis and West, however, were following the old tradition and were not catalysts for this change

What brought on this shift in the U.S.?

Increased computer experience and expectations

Consolidation of publishers

Internet

Change in use in 21 st century (who, how, where, when) changes the institutional cognitive authority of the 20 th century

LexisNexis and West, however, were following the old tradition and were not catalysts for this change

Ex: Shepards - Berring First appeared on both LEXIS and WESTLAW Bought outright in 1998 In 2000 no longer on WESTLAW, which means: Shepards now a competitive product and a comodity Cognitive authority of the name gone – has to prove it is a superior system Berring - “Reed made what I view as a terrible blunder” What happens when “shepardizing” becomes genericized and/or other citation systems appear?

First appeared on both LEXIS and WESTLAW

Bought outright in 1998

In 2000 no longer on WESTLAW, which means:

Shepards now a competitive product and a comodity

Cognitive authority of the name gone – has to prove it is a superior system

Berring - “Reed made what I view as a terrible blunder”

What happens when “shepardizing” becomes genericized and/or other citation systems appear?

Predictions - Berring What will replace traditional cognitive authority? Large amounts of free or cheap data - LEXIS and WEST won’t only be competing against each other, but also against outsiders (e.g. government, academia, non-profit institutions) Value enhanced Information – Quality is key! Beyond accuracy, comprehensiveness and up-to-date: Editorial content and additions Linking of information and exposing relationships Search engines and algorithms Interface, ease of use, and user experience

What will replace traditional cognitive authority?

Large amounts of free or cheap data

- LEXIS and WEST won’t only be competing against each other, but also against outsiders (e.g. government, academia, non-profit institutions)

Value enhanced Information – Quality is key! Beyond accuracy, comprehensiveness and up-to-date:

Editorial content and additions

Linking of information and exposing relationships

Search engines and algorithms

Interface, ease of use, and user experience

Credibility - Fogg BJ Fogg – Persuasive Technology Credibility is a perceived quality that doesn’t reside in an object, a person, or a piece of information Perceived Trustworthiness (goodness, morality) + Perceived Expertise (knowledge, skill) = Perceived Credibility (believability)

Credibility - Fogg Ongoing web credibility studies http://credibility.stanford.edu/ Four types of credibility: Presumed – General assumption of perceiver Surface – Inspection and initial experience Reputed – Third-party endorsements Earned – Firsthand experience over time

Ongoing web credibility studies http://credibility.stanford.edu/

Four types of credibility:

Presumed – General assumption of perceiver

Surface – Inspection and initial experience

Reputed – Third-party endorsements

Earned – Firsthand experience over time

Examples of Web Credibility - Fogg Elements that increase PRESUMED credibility: Site represents a non-profit organization The URL ends in .org The site provides links to its competitors’ sites Site says it is the official site for a topic Elements that increase REPUTED credibility: Displays an award it has won Inbound links from a credible site Was recommended by a friend

Elements that increase PRESUMED credibility:

Site represents a non-profit organization

The URL ends in .org

The site provides links to its competitors’ sites

Site says it is the official site for a topic

Elements that increase REPUTED credibility:

Displays an award it has won

Inbound links from a credible site

Was recommended by a friend

Examples of Web Credibility - Fogg Elements that increase SURFACE credibility: Looks professionally designed Has been updated since your last visit Elements that decrease SURFACE credibility: Hard to distinguish ads from content Pops up with ads Long time to download Requires paid subscription to gain access One or more ads on each page

Elements that increase SURFACE credibility:

Looks professionally designed

Has been updated since your last visit

Elements that decrease SURFACE credibility:

Hard to distinguish ads from content

Pops up with ads

Long time to download

Requires paid subscription to gain access

One or more ads on each page

Examples of Web Credibility – Fogg Elements that increase EARNED credibility: Quick response to customer service questions Transactions confirmed by email Site arranged in a way that makes sense to you Site recognizes that you have been there before Selects news stories according to your preferences Ads match topic you are reading about Elements that decrease EARNED credibility: Difficult to navigate

Elements that increase EARNED credibility:

Quick response to customer service questions

Transactions confirmed by email

Site arranged in a way that makes sense to you

Site recognizes that you have been there before

Selects news stories according to your preferences

Ads match topic you are reading about

Elements that decrease EARNED credibility:

Difficult to navigate

Summary If Berring were to use Fogg’s language, he might make this statement: We are experiencing a paradigm shift in the credibility of legal information As presumed and reputed credibility change and weaken, surface credibility and (more importantly) earned credibility become much more significant.

? Paradigm shift in legal information - Assumptions of the past are changing Quality of content should not be replaced or glossed over by “glitzy” interface design However, credibility (and cognitive authority) also lies in the product design – more so than before Given these guidelines, what can we do to increase the credibility of our products?