Advanced Legal Research Unit 8 ReviewLegal Research in Practice

Key Legal Research Concepts

• Primary sources include statutes, regulations, case law, and administrative decisions which are the authoritative statements of the law
• Secondary sources encompass legal encyclopedias, treatises, law review articles, and practice guides that provide commentary, analysis, and explanations of the law
  • Secondary sources often serve as a starting point for legal research to gain an overview of a topic and identify relevant primary sources
• Jurisdiction refers to the legal authority of a court to hear and decide cases, which can be based on geographic area, subject matter, or type of case
• Stare decisis is the legal principle that courts should follow precedent and adhere to prior judicial decisions unless there is a compelling reason to depart from them
• Citation formats, such as Bluebook or ALWD, provide standardized methods for referring to legal authorities in written documents
• Key numbers and headnotes are editorial enhancements added to case law by legal publishers to facilitate searching and categorization of legal issues
• Shepardizing and KeyCiting are citator services that allow researchers to determine the current status and treatment of a legal authority

Research Tools and Databases

• Westlaw and LexisNexis are the two major commercial legal databases that provide comprehensive coverage of primary and secondary sources
  • These databases offer advanced search capabilities, citator services, and analytical tools
• Bloomberg Law is another commercial legal database that focuses on business and financial law and includes dockets, transactional resources, and news
• FastCase and CaseMaker are lower-cost alternatives to the major commercial databases that provide access to primary law and some secondary sources
• Google Scholar offers free access to a wide range of legal opinions and articles, although coverage and search capabilities may be more limited compared to commercial databases
• Specialized databases, such as HeinOnline for law journals and PLI for continuing legal education materials, provide targeted resources for specific research needs
• Print resources, including case reporters, statutes, and secondary sources, remain important for some research tasks and in areas where online coverage may be incomplete

Developing a Research Strategy

• Identify the key facts, issues, and legal questions involved in the research problem to guide the selection of appropriate resources and search terms
• Determine the jurisdiction and type of authority needed, such as federal or state law, statutes or case law, to focus the research on relevant sources
• Consult secondary sources to gain background information, define legal terms, and identify primary sources to explore
  • Use treatises, encyclopedias, and practice guides to efficiently learn about a new area of law
• Develop a list of search terms, synonyms, and key concepts to use when searching online databases or indexes
• Create a research plan that outlines the steps to take, resources to consult, and estimated time for each task to stay organized and on track
• Be prepared to modify the research strategy as new information is discovered or initial searches prove unfruitful
• Document the research process, including search terms, databases used, and key findings, to retrace steps and demonstrate thoroughness if needed

Advanced Search Techniques

• Use Boolean operators (AND, OR, NOT) to combine search terms and control the relationship between them
  • AND narrows results by requiring all terms to be present
  • OR broadens results by retrieving documents with any of the terms
  • NOT excludes documents containing a specific term
• Employ proximity connectors (e.g., /s for same sentence, /p for same paragraph) to specify the desired closeness of search terms
• Use truncation symbols (usually ) to retrieve variations of a word stem (e.g., negligen will find negligent, negligence, negligently)
• Enclose exact phrases in quotation marks to search for terms appearing together in a specific order
• Utilize field searching to limit queries to specific parts of a document, such as the title, author, or citation
• Apply filters, such as date ranges or document types, to refine search results and exclude irrelevant materials
• Consult database-specific search guides and take advantage of advanced search forms to maximize the effectiveness of searches

Analyzing and Evaluating Sources

• Assess the relevance of a source by examining how closely it relates to the legal issue and factual scenario at hand
• Consider the authority of a source, such as whether it is a binding decision from the relevant jurisdiction or a persuasive secondary source
• Evaluate the credibility and expertise of the authors or publishers of secondary sources
  • Look for well-regarded treatises, law review articles by scholars in the field, and practice guides from reputable organizations
• Examine the currency of a source and determine whether it reflects the current state of the law, taking into account any subsequent legal developments
• Analyze the depth of treatment and scope of coverage to gauge how thoroughly a source addresses the relevant issues
• Assess the objectivity of a source and be alert for any biases or political perspectives that may color the analysis
• Compare and synthesize information from multiple sources to gain a well-rounded understanding of the legal landscape and identify any conflicting authorities

Organizing and Documenting Findings

• Create a system for tracking research results, such as a spreadsheet or research log, to record key information about each source (e.g., citation, summary, relevance)
• Use note-taking tools, like Evernote or OneNote, to capture important passages, highlight key points, and add annotations
• Develop a consistent method for saving and naming digital files, such as PDFs of cases or articles, to easily locate them later
• Utilize folder structures or tagging systems to categorize sources by topic, jurisdiction, or type of authority
• Regularly update research memos or outlines to synthesize findings, identify gaps, and refine the research strategy
  • Include citations, brief summaries, and analysis of how each source fits into the overall legal framework
• Maintain a bibliography or list of authorities to ensure all sources are properly cited in the final work product
• Consider using citation management tools, like Zotero or Mendeley, to organize sources, generate bibliographies, and format citations

Ethical Considerations in Legal Research

• Ensure that all research is conducted thoroughly and diligently to provide competent representation to clients
• Avoid misrepresenting the law or facts by carefully reviewing sources and accurately conveying their meaning and scope
• Disclose adverse authority that is directly on point and not distinguishable, even if it undermines the client's position
• Respect intellectual property rights by obtaining proper licenses for database access and avoiding plagiarism in written work product
• Maintain client confidentiality when conducting research and take steps to protect sensitive information, such as using secure communication channels
• Be mindful of the duty of candor to the tribunal and avoid making false statements or presenting misleading information in court filings or oral arguments
• Keep up with technological competence in legal research by learning to use new tools and databases as they become available

Practical Applications and Case Studies

• Research memoranda: Preparing a comprehensive analysis of a legal issue, including the relevant facts, applicable law, and potential arguments for both sides
  • Example: Researching whether a non-compete agreement is enforceable under state law for a client seeking to change jobs
• Drafting pleadings and motions: Conducting targeted research to support the legal and factual bases for a complaint, answer, or motion
  • Example: Finding case law to support a motion to dismiss for lack of personal jurisdiction in a contract dispute
• Due diligence investigations: Reviewing public records, corporate filings, and litigation history to assess risks and liabilities in a business transaction
  • Example: Searching for UCC filings, tax liens, and pending lawsuits against a company being acquired
• Legislative and regulatory tracking: Monitoring proposed bills, enacted statutes, and agency rulemaking to advise clients on compliance obligations and advocacy opportunities
  • Example: Following the progress of a bill amending environmental regulations and analyzing its potential impact on a client's manufacturing operations
• Competitive intelligence: Researching legal and business developments related to clients, competitors, or industry trends to inform strategic decision-making
  • Example: Examining patent filings, litigation outcomes, and market data to assess a competitor's strength in a particular technology area