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RESEARCH STRATEGY Amy Wright, Fall 2012

RESEARCH STRATEGY Amy Wright, Fall 2012. COMMON MISTAKES. JUMPING IN TOO QUICKLY. RESEARCHING WRONG TOPIC. GOING OFF ON TANGENT. FAILING TO VALIDATE. GATHER & ANALYZE THE FACTS. Who are the parties? Who did what & when & to whom? What’s the conflict? What facts am I missing?.

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RESEARCH STRATEGY Amy Wright, Fall 2012

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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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