A case can be either made or broken by thorough legal research. Savvy attorneys understand that fast and precise research can win more cases than tons of random searching. Here is how to research quickly and construct more effective cases.
Start With The Right Questions
Clear questions lead to good research. Record what you need to show. This keeps you on track and prevents you from wasting time on unproductive cases.
Ask yourself:
- What is my legal problem?
- Which facts are most important?
- Which law is applicable?
- Which time refers?
Use Advanced Database Features
Legal databases offer powerful tools that most lawyers ignore:
Natural Language Search – Write questions in a way that you would say to someone. Field Searching – Find individual sections such as head notes or case titles. Date Filters -Restrict outputs to new cases. Jurisdiction Filters – Emphasis on applicable courts. Citation Analysis – Determine citations automatically
Find Primary Sources First
Begin with statutes, rules, and case law. Next are secondary sources, such as law review articles. Primary sources have legal value. Secondary sources merely describe them.
Search order:
- Relevant statutes
- New case law
- Regulations
- Background secondary sources
Check Citations Forward And Backward
Good cases are relied upon by good cases. Use citation tools to:
Shepardize – Inquire whether cases remain good law. KeyCite -Locate references made via citation. Backward citations -Look to what the case is based on. Forward citations -View referring cases
This creates a web of connected authorities.
Set Up Search Alerts
Be time efficient through automatic updates. Put reminders to:
- New cases in your practice area
- Amendments to major laws
- Using citations to critical cases
- Regulatory changes
Alerts update you without a weekly search.
Organize Results Immediately
Establish folders under each research project. Bookmark your helpful sources immediately with notes as to why they are important. This makes it avoid re-searching the same material.
These folders can be used:
- Primary authority (statutes, cases)
- Secondary sources
- Opposing arguments
- Background research
Read Headnotes And Summaries First
Do not just read whole cases. Begin with headnotes and case summaries. These inform you whether or not it is worth reading through the case.
Look for:
- Your main facts are yours
- Relevant law concerns
- Favorable holdings
- Recent decisions
Use Multiple Databases
Various databases possess various strengths:
Westlaw -Excellent coverage in case law, Lexis – High-quality sources of news and business, Bloomberg Law – Suitable in terms of transactional work, Google Scholar -Unlimited access to cases, Court websites – Recent orders and filings
Know When To Stop
There is no natural conclusion to research. Establish boundaries in advance:
- Research time budget
- Required sources of numbers
- Threshold Quality of Authority
- Completion deadline
Quit when you possess sufficient good authority to sustain your case.
Common Research Mistakes To Avoid
Outdated law – Check to ensure cases are still good. Wrong jurisdiction – Ensure that the authority is applicable in your situation. Too broad searches -Be more specific in your terms. Ignoring negative authority – Identify and reply to contrary cases. No fact checking -Confirm significant information.
Quick Research Shortcuts
Start with treatises -See the big picture, then plunge into the details. Use form books -Discover approved language and references. Check recent cases first -Older law is usually dominated by newer law. Look for law review articles – Get an in-depth analysis. Search bar associations -Access advice on practice areas
Research For Different Argument Types
Motion practice – Pay attention to procedural regulations and the latest court cases. Trial prep -Focus on the rules of evidence and jury instructions
Appeals -Seek out the test of reversible error/judicial scrutiny. Transactional work – Review model agreements and regulations
Build Your Research Toolkit
Develop standard search templates. Preserve good strings of search. Create lists of go-to sources in various areas of practice.
Essential tools:
- Quick access databases
- Checklists of citations
- Jurisdiction-specific resources
- Practice area databases
- Changes to the court rules
Time-Saving Research Habits
Block research time -Do not study in bits and pieces. Use templates – Make a plain research outline. Take detailed notes – Note the search words and findings. Share resources – Develop a solid body of knowledge. Update regularly – Keep the research up to date
Make Research Persuasive
Good research uncovers authority to support your point. Most exceptional research predicts objections and discovers answers.
Always seek:
- Recently successful cases
- Persuasive binding authority
- Close facts to your case
- The policy reasons behind your argument
- Weaknesses in resistance to authority
Final Research Tips
Research is not about getting all the answers, but the correct ones. Concentrate more on quality than quantity. Several good arguments overcome dozens of poor ones.
Take note of the following:
- Begin with well-defined questions
- Apply database tools
- Immediate organisation of results
- Crosscheck citations
- Establish fair boundaries
- Remember to check that the authority is up to date
Learn these skills and your research will be less time-consuming, more correct, and more convincing. You will become better at arguments and more efficient with your billable hours.