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Effective Legal Research Strategies for Law Students

Avoid common research mistakes, ask essential questions, define goals, consult the internet efficiently, and stay updated in legal research. Use resources, alert services, and know when to stop searching.

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Effective Legal Research Strategies for Law Students

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  1. RESEARCH STRATEGY Amy Wright, Fall 2012

  2. COMMON MISTAKES

  3. JUMPING IN TOO QUICKLY

  4. RESEARCHING WRONG TOPIC

  5. GOING OFF ON TANGENT

  6. FAILING TO VALIDATE

  7. GATHER & ANALYZE THE FACTS • Who are the parties? • Who did what & when & to whom? • What’s the conflict? • What facts am I missing?

  8. WHAT TYPE OF ANSWER IS REQUIRED? • Verbal answer, motion, brief, research memo, client letter? • Short summary or exhaustive treatment? • Answer given to client or assigning attorney?

  9. DEFINE YOUR RESEARCH QUESTIONS • Federal, state, local, foreign, or int’l law? • Evidence? Civil procedure? Regulatory or statutory issue? • What’s the desired result? • What terms of art, acronyms, or industry jargon do I need to know? • Begin creating a list of search terms.

  10. GET UP TO SPEED • Review secondary sources FIRST. • Brainstorm -- talk the issues out. • Identify new search terms.

  11. CONSULT THE INTERNET …… BUT SPARINGLY. • 15 minutes – that’s it! • If nothing useful emerges, seek help or switch sources.

  12. WRITE DOWN RESEARCH PLAN • Know how much you can spend on research. • List the resources to consult for each research question. • Call research help hotline - ask them to create a search.

  13. KEEP TRACK

  14. IDENTIFY NEW QUESTIONS • But……hold off on researching until you receive direction from client or assigning attorney.

  15. KEEP UPDATING YOUR RESEARCH (when appropriate) • Are the cases, statutes, & regulations that you found still good law? • Use KeyCite or Shepard’s (preferably both)! • Shepardize or KeyCite secondary sources, too!

  16. USE ALERT SERVICES • Lexis & Westlaw both offer “Alert” services. • Use these services to find: • New primary & secondary authority; • Make sure what you’ve already found is still good law over time.

  17. KNOW WHEN TO STOP!!

  18. AM I DONE? • If you’re running into same citations and finding very little new info, you’re probably done. • Read the most recent case, article, and practice guide on your topic – if you’re familiar with legal issues & authority cited across sources, that’s a good sign.

  19. BUT REMEMBER….. “Legal research is a bit like a shark . . . It has to keep moving or it will die.” -- Berring & Edinger, Finding the Law (2005)

  20. RESOURCES • Georgetown Law Library’s Research Strategy Checklist – JUST ASK: • http://www.ll.georgetown.edu/guides/just_ask.cfm • UCLA Research Checklist: • http://tinyurl.com/22poqpe

  21. West App, “My Legal Projects” • $1.99 and available at: • http://itunes.apple.com/us/app/my-legal-projects/id432767946?mt=8

  22. FACT-GATHERING EXERCISE

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