When I was growing up, my favorite book series was Nancy Drew. Being a law librarian is sort of like being Nancy Drew, and no moment is more evocative of the novels than when trying to track down a record for an attorney. We hear the phrase “public records” thrown about within law firms, but what exactly is a public record? Where do you find it? How does someone even know where to look? This is where detective skills come into play.
A public record can be defined as information or a resource accessible to the general public from a variety of sources. This includes but is not limited to information such as phone numbers, addresses, email addresses, court documents, business records, or criminal records. These items are accessible to anyone, if you know where to look and can afford the charges associated with them. For example, Public Access to Court Electronic Records1 (PACER) contains federal court documents. They are available to the public, so long as you have an account and can afford to purchase the documents. Additionally, similar situations arise with many business records from various secretary of state offices with or state court records. However, when attempting to obtain contact information that is publicly available, how do you tell if a free website is giving correct information? How can you determine what resource is valuable and what is garbage?
Within law firms, there confusingly exists another type of resource in the form of Westlaw or Lexis “public records reports.” These reports contain different pieces of information that can be helpful during litigation or any sort of legal transaction such as address summaries, criminal records, liens, etc. However, these “public records” are not, in fact, public in the most basic sense. There are limitations to what can be shared, and this information is governed by additional laws like the Gramm-Leach-Bliley Act2 and the Driver’s Privacy Protection Act,3 to name a few. These reports can be a valuable resource but simultaneously require careful handling to avoid both legal and ethical violations.
However, if these reports are to be held closely within my law firm, how can one find data that can be shared with the client? This is when knowing where to look becomes invaluable.
ADDRESSES AND CONTACT INFORMATION
There are many websites that claim to have the information required, as long as you pay this fee or purchase that report. One online resource that is accurate and free to use is truepeoplesearch.com.4 This resource has consistently matched information from Westlaw, Lexis, and TLO and is available to all—if you know where to look.5
Another resource for contact information, specifically business and professional information, is Rocket Reach.6 This is a go-to resource for professional contact information. It can locate business emails using LinkedIn7 profiles or determine the email structure using its records of other company employees.
BUSINESS RECORDS
Michigan recently launched its new MI Business Registry page within the Licensing and Regulatory Affairs website.8 This portal allows researchers to view the different documents available for Michigan businesses and verify registered agents and name changes. Some documents are immediately available, while others will require purchasing.
However, if a query requires information from another state like Georgia, most states provide the same level of access as Michigan. The best advice to find said website is to simply run a Google search for “Ohio secretary of state” or “Ohio business records,” which will return the web page that is needed. From there, it’s a simple matter of navigation. Some are more intuitive and user friendly, while others are not.
If SEC filings are requested, there are a couple of resources you can check. Both Westlaw and Lexis have resources available within their platforms, but researchers can also go directly to the SEC website.9
COURT DOCUMENTS
An amazing newer resource is the MiCOURT Case Search,10 which enables easier location of court cases and the docket or register of actions for a case. This grants users the ability to search multiple courts. However, some courts still have their own websites, such as Oakland County Circuit Court11 or Wayne County Circuit Court (Third Judicial Circuit of Michigan).12
STATE POLICE ICHAT REPORT
The Internet Criminal History Access Tool13 or ICHAT enables users to search public criminal history record information maintained by the Michigan State Police. This enables name-based searching and shows all felony and serious misdemeanors. For a $10 charge, anyone is able to access this content.
Although some of this content might be more familiar to more seasoned legal researchers, the goal of this essay is to provide additional clarity to a term that is thrown around yet carries many different meanings. “Public records” is a complicated concept with varying implications. Some resources are not, in fact, public; some are publicly available only if you can find them; and others only if you can afford to pay for them, which is an accessibility issue. However, at the end of the day, when you’re attempting to determine whether a website offering public records is legitimate or wondering how to tell if the information being gleaned is sound, your friendly neighborhood law librarian is here to help.