When it comes to the practice of law, we often think about court appearances. But crafting a winning legal argument requires a lot of research.<\/p>\n
Well-conducted legal research empowers your arguments and gives substance to your legal work, leading to a better outcome for your clients.<\/p>\n
To become a pro, you need to understand the tools available to you, and developing a research strategy. Learning to conduct effective legal research<\/a> isn’t glamorous. That said, it will save you time while helping you conduct stronger outcomes.<\/p>\n This guide reviews the fundamentals of the legal research process, including what sources you should turn to\u2014and when. We\u2019ll also discuss how and why you should check that you\u2019re using \u201cgood\u201d law, and offer tips for how you can improve your legal research skills\u2014at any stage in your career.<\/p>\n Legal research involves identifying, finding, and cite-checking information and applicable laws needed to support your legal decision-making. The primary and secondary legal sources for this research include statutes, constitutions, regulations, court orders, and more.<\/p>\n\t\t<\/div>\n\t<\/div>\n<\/div>\n<\/span><\/p>\n While the techniques and tools you use may vary, the goal of legal research is simple: You want to find the relevant information and resources (i.e. laws) that apply to the facts of your case, so you can support legal decision making.<\/p>\n With this in mind, the legal research process can be broken down into three basic elements:<\/p>\n When presented with a legal issue, it\u2019s natural to want to dive in and start looking for cases. But it\u2019s in your best interest to first collect key details about the legal issue at hand.<\/p>\n Pausing to gather and record critical details (like the who, what, when, where, and how of your case) lays the foundation for a more focused, streamlined legal research process.<\/p>\n Next, use your case\u2019s critical information to pinpoint your legal issue. By establishing legal issues and your client\u2019s ideal outcomes before you start researching, you can construct a well-defined framework that allows you to:<\/p>\n While researching, pay special attention to the geographical location where your legal issue will be resolved. Is the precedent controlling already in your jurisdiction? Or is it merely a persuasive precedent that has not yet been adopted in your jurisdiction?<\/p>\n Each of the three types of legal sources you\u2019ll work with has a purpose when conducting legal research. Here\u2019s a quick overview:<\/p>\n Primary legal sources<\/strong> are key to legal research because they establish the current law on whatever legal issue you\u2019re working with. You can find primary sources by searching legal research databases like AustLII<\/a> and Westlaw AU<\/a> include:<\/p>\n Secondary legal sources<\/strong> explain or interpret legal principles in detail, or summarise the current state of the law\u2014giving a better understanding of a particular area of law. These sources are also useful for identifying primary sources for your case (more on that later). Examples include:<\/p>\n Learn more about the best free legal research tools available.<\/a><\/em><\/p>\n When it comes to conducting legal research, start in the middle with secondary sources.<\/p>\n In addition to providing important background information on your legal issue, secondary sources save time: Instead of starting from scratch, you can leverage the expert work that\u2019s already been done.<\/p>\n Think of it this way: In order to create and publish the material, experts had to go through a legal research process themselves. If a secondary source is reputable, the writer reviewed all of the available primary resources to determine what was most applicable. So, by noting the primary sources that are cited in law reviews, law journals, and case-law documents, you can take advantage of the research already done.<\/p>\n Note: Also keep in mind that useful cases don\u2019t necessarily have to have the same legal outcome as your goal. If you find relevant case law where the outcome didn\u2019t match your client\u2019s desired outcome, you shouldn\u2019t necessarily disregard it. If the laws are aligned, you can use that case to show how the fact patterns in your client\u2019s case are different to strengthen your own argument.<\/p>\n Another key step to legal research is verifying that any cases and statutes you come across in your legal research are still \u201cgood\u201d law\u2014that is, that any legal decision you\u2019re looking to is still valid and relevant. Using an overruled or unconstitutional statute won\u2019t help you win your case.<\/p>\n While more recent cases are preferred (after all, they\u2019re more likely to reflect the current legal changes that could impact the case law\u2014and are thus less likely to have been rendered obsolete), recency isn\u2019t mandatory.<\/p>\n A decades-old case could be considered \u201cgood\u201d law\u2014if it hasn\u2019t been overruled in court or otherwise made irrelevant, an older case that fits with your case\u2019s fact pattern and applicable law could be helpful.<\/p>\n How can you check if you\u2019re using \u201cgood\u201d law? Use a citator. Citators let you verify a case\u2019s authority by giving you a cataloged list of cases, statutes, and legal sources\u2014along with a history and precedential value for those sources\u2014so you can then check that it hasn\u2019t been overruled, questioned, or made irrelevant.<\/p>\n When using a citator, focus on the negative material (by checking a case in a citator, you can look for flags that indicate any negative history). Specifically, use a citator to check that you don\u2019t miss a case that invalidates your argument\u2014which could undermine your credibility. Major legal databases all have their own citator tools.<\/p>\n Compiling your research into a legal memorandum is a necessary part of conducting legal research, as it allows you to identify any gaps in information that may present consequences at a later stage. Legal writing presents challenges within itself, and it\u2019s not a bad approach for you to supplement your legal case research with a book from a local law library on how to present your findings. Generally speaking, a legal memorandum does five things:<\/p>\n Whether you\u2019re new to legal research or you\u2019ve conducted legal research for years, once you have a solid understanding of the process, take advantage of strategies and tools to maximize legal research efficiency. Here are three strategies to consider:<\/p>\n In the past, the legal research process was arduous\u2014partly because it tied the researcher to a physical location\u2014whether that was a local law library or a law office computer\u2014to access resources through legal databases.<\/p>\n Today, online legal research software can be used remotely when integrated with a cloud-based practice management software like Clio Manage. Having the flexibility to research from anywhere streamlines the legal research process and enhances efficiency.<\/p>\n Effective legal research needs to be thorough and accurate\u2014which, traditionally, is time-consuming. Legal research AI can help speed that process up without sacrificing the quality of your research.<\/p>\n Here are a few tools to help streamline your legal research process:<\/p>\n Don\u2019t let your research go to waste or let facts slip through the cracks because of a poor documentation system. By using secure, cloud-based fact-management software, you can record your research in an efficient, organised, and accessible way.<\/p>\n\n\t\t\t\n\t\t\t\tWhat is legal research?\n\t\t\t<\/span>\n\t\t<\/h3>\n\t\t
How to conduct legal research<\/h2>\n
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The 7 steps to conducting legal research<\/span><\/h2>\n<\/div>\n<\/div>\n
1. Gather critical information about your legal issue<\/h3>\n
2. Establish your legal issue and your goal<\/h3>\n\n\t\n\t\t\t\n\t\t\t\t\n\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\n\t\t\t\t\n\t\t\n\t\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\n\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\n
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3. Learn and understand the precedent in your jurisdiction<\/h3>\n
4. Determine the type of legal sources you need<\/h3>\n
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5. Begin your legal research with secondary sources<\/h3>\n
6. Check that you\u2019re using \u201cgood\u201d law<\/h3>\n
Can older cases be \u201cgood\u201d law?<\/h4>\n
Verify you\u2019re using \u201cgood law\u201d with a citator<\/h4>\n
7. Report your results to check for gaps<\/h3>\n
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How can I improve my legal research skills?<\/h2>\n\n\t\n\t\t\t\n\t\t\t\t\n\t\t\n\t\t\t\t\t\t\t\t\t\n\t\t\n\t\t\t\t\n\t\t\n\t\t\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\n\t\t\t\t\t\t\t\n\t\t\n\t\t\t\t\n\t\t\t\t\t\n\n
Conduct more efficient research remotely<\/h3>\n
Double-check your memos and briefs with advanced legal research AI<\/h3>\n
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Document your research with secure, cloud-based fact management software<\/h3>\n