Glossary

8.1 Developing a Comprehensive Legal Research Strategy

7 min read•august 15, 2024

Legal research is all about strategy and adaptation. You need a game plan to tackle complex issues, find the right sources, and build solid arguments. But it's not just about following a rigid checklist - you've got to stay flexible and adjust as new info comes to light.

This section breaks down how to develop a killer research strategy. It covers everything from defining the issue and jurisdiction to prioritizing tasks and staying current with legal developments. The key is to be systematic yet adaptable as you navigate the ever-changing legal landscape.

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  • A comprehensive legal research strategy involves understanding the legal issue, identifying relevant legal authorities, and using appropriate research tools and techniques
  • Defining the scope of the research involves determining the specific legal questions to be answered and the relevant areas of law
  • Identifying the jurisdiction and time period helps narrow down the applicable legal authorities (federal or state, specific date ranges)
  • Key facts and legal concepts must be identified to guide the research process and ensure to the case at hand
  • Researchers should consult both (statutes, cases, regulations) and (legal encyclopedias, treatises, law review articles) for a thorough understanding of the legal issue

Developing a Research Plan and Utilizing Research Tools

  • Developing a research plan involves breaking down the legal issue into manageable parts, prioritizing tasks, and allocating time and resources effectively
  • Researchers should be familiar with both print and online legal research tools, including specialized databases (, , Bloomberg Law)
  • Online legal databases offer advanced search capabilities, such as boolean operators and filtering options, to efficiently locate relevant authorities
  • Print resources, such as legal encyclopedias and treatises, can provide valuable background information and help identify key cases and statutes
  • Thorough documentation and organization of research findings are essential for efficient analysis and application to the legal issue at hand
  • Research logs, case management software, and citation management tools can help track and organize research progress and findings
  • A systematic approach to legal research involves a logical, step-by-step process tailored to the unique facts and legal issues of a case
  • Begin by clearly defining the legal issue and identifying the relevant jurisdiction(s) and time period(s) involved
  • Identifying the governing jurisdiction (federal, state, or local) and applicable time period helps focus the research on the most relevant legal authorities
  • Break down the legal issue into its constituent elements and develop a list of keywords and concepts to guide the research process
  • Keywords and concepts should be specific enough to yield relevant results but broad enough to capture all potential legal theories and arguments

Identifying and Analyzing Primary and Secondary Sources

  • Identify the most relevant and authoritative primary sources, such as statutes, cases, and regulations, based on the specific needs of the case
  • Primary sources carry the greatest legal weight and are essential for constructing legal arguments and supporting the client's position
  • Consult secondary sources, such as legal encyclopedias, treatises, and law review articles, to gain a broader understanding of the legal issue and identify additional primary sources
  • Secondary sources provide valuable commentary, analysis, and citations to primary sources, helping researchers efficiently locate and understand relevant legal authorities
  • Use citators, such as Shepard's or KeyCite, to verify the current status of primary sources and identify related authorities
  • Citators help determine whether a case or statute is still good law and identify subsequent cases that have cited, distinguished, or overruled the original
  • Analyze and synthesize research findings to develop legal arguments and support the client's position
  • Identify patterns, trends, and inconsistencies in the legal authorities to construct persuasive arguments and anticipate counterarguments
  • Evaluate the strength and relevance of each legal authority in relation to the specific facts and legal issues of the case
  • Organize research findings by issue or legal theory to facilitate effective analysis and application to the case
  • Collaborate with the legal team to refine legal arguments and ensure that research findings are effectively integrated into the overall case strategy

Prioritizing Research Tasks

  • Effective prioritization of research tasks is crucial for managing time and resources efficiently and ensuring that the most critical aspects of the legal issue are addressed
  • Identify the core legal issues and the most important facts of the case to determine which research tasks are most relevant and urgent
  • Core legal issues are those that are essential to the outcome of the case and require the most in-depth research and analysis
  • Key facts are those that are most likely to impact the application of legal principles and the strength of legal arguments
  • Prioritize research tasks that address the core legal issues and key facts first to ensure a solid foundation for the case

Prioritizing Primary and Current Sources

  • Prioritize primary sources over secondary sources, as primary sources carry greater legal weight and are essential for constructing legal arguments
  • Primary sources, such as statutes and case law, form the basis of legal authority and are necessary for supporting the client's position
  • Focus on the most current and authoritative sources, such as recent court decisions and statutory amendments, to ensure the accuracy and relevance of the research
  • Current sources reflect the most up-to-date legal principles and are more likely to be persuasive to courts and opposing parties
  • Allocate more time and resources to research tasks that are likely to yield the most significant impact on the case outcome
  • Identify research tasks that address critical legal issues, have the potential to uncover strong legal arguments, or provide valuable counterarguments to the opposing party's position

Reassessing and Adjusting Priorities

  • Continuously reassess and adjust priorities as new information emerges or the focus of the case shifts
  • Legal research is an iterative process, and new facts, legal theories, or case developments may require a reassessment of research priorities
  • Regularly communicate with the legal team to ensure that research priorities align with the overall case strategy and client objectives
  • Be prepared to adapt research priorities in response to changing deadlines, client needs, or resource constraints
  • Maintain flexibility in the research process to accommodate unexpected findings or changes in the legal landscape that may impact the case

Adapting Research Strategies

Reassessing Relevance and Applicability of Research Findings

  • Legal research is an iterative process that requires flexibility and adaptability as new information and developments emerge throughout the course of a case
  • Regularly reassess the relevance and applicability of research findings as case facts and legal theories evolve
  • Evaluate whether research findings continue to support the client's position and legal arguments in light of new information or changes in the case
  • Be prepared to modify or expand the scope of the research as new issues or jurisdictions become relevant to the case
  • Adapting the research scope may involve exploring additional legal theories, considering alternative jurisdictions, or examining a broader time period
  • Update research to include the most recent legal authorities and developments that may impact the case, such as newly enacted statutes or overturned precedents
  • Regularly monitor legal databases, news sources, and professional publications to stay informed of changes in the legal landscape that may affect the case
  • Use citators and other research tools to identify any changes in the status of key legal authorities relied upon in the case
  • Incorporate relevant updates and new authorities into the research findings and communicate their impact to the legal team
  • Collaborate with the legal team to ensure that research strategies align with any changes in case strategy or client objectives
  • Maintain detailed and organized research records to facilitate efficient updating and adaptation of research as needed
  • Research logs, case management software, and version control systems can help track research progress and ensure that updates are properly documented and communicated

Cultivating a Broad Knowledge Base and Anticipating Changes

  • Cultivate a broad knowledge base and stay current with legal trends and developments to anticipate potential changes and proactively adjust research strategies
  • Regularly read legal publications, attend professional development seminars, and engage with legal experts to expand knowledge and understanding of relevant legal areas
  • Monitor legal and industry trends that may impact the case or the client's business to identify potential research needs and opportunities
  • Anticipate potential changes in the legal landscape, such as pending legislation or upcoming court decisions, and proactively research their potential impact on the case
  • Develop a network of legal professionals and experts who can provide insights and guidance on emerging legal issues and trends
  • Encourage a culture of knowledge sharing and collaboration within the legal team to facilitate the exchange of ideas and expertise that can inform research strategies

Key Terms to Review (18)

Authority: In legal research, authority refers to the legal sources that provide the basis for legal principles and rules. It encompasses both primary sources, such as statutes and case law, and secondary sources that offer interpretation and analysis. Understanding authority is crucial for evaluating the quality and reliability of legal information, guiding research strategies, and ensuring accurate application of legal standards.
Bluebook Citation: Bluebook citation is a standardized method of legal citation used in the United States to provide a consistent way of referencing legal documents, statutes, cases, and other legal sources. This system helps ensure clarity and uniformity in legal writing, making it easier for readers to locate the cited materials and evaluate their reliability and quality.
Brief: A brief is a concise written document that presents a legal argument, outlining the relevant facts, issues, and applicable laws in a structured format. It serves as a foundational tool for lawyers to persuade judges and support their cases in court by summarizing complex information into an accessible and persuasive format.
Case law analysis: Case law analysis involves examining judicial decisions to understand how courts interpret laws, apply legal principles, and establish precedents. This process helps legal researchers and practitioners assess the implications of these decisions for current and future cases, guiding effective legal strategies.
Concept Mapping: Concept mapping is a visual tool that helps to organize and represent knowledge by illustrating relationships between concepts. It is an effective strategy for structuring information, showing how different legal topics connect and relate to one another, making it easier to analyze and synthesize complex legal information.
Court Citation: A court citation is a reference used in legal documents to identify a particular case or legal authority, providing the details necessary to locate the decision within legal publications. This citation typically includes the names of the parties involved, the volume number of the reporter, the page number where the case begins, and the year of the decision, which are crucial for accurate legal research and referencing.
Information gathering: Information gathering refers to the systematic process of collecting relevant data, facts, and evidence necessary for making informed legal decisions. This process is crucial in developing a well-rounded legal research strategy, allowing researchers to identify pertinent legal authorities, case law, statutes, and other resources that can support their legal arguments or positions. Effective information gathering helps ensure that legal professionals can navigate complex issues and deliver accurate and compelling analyses.
Issue spotting: Issue spotting is the process of identifying and articulating the relevant legal issues that arise from a set of facts or a legal scenario. This skill is crucial as it guides legal research and informs the development of arguments, ensuring that all pertinent aspects of a case are considered.
LexisNexis: LexisNexis is a comprehensive online legal research database that provides access to a vast collection of legal resources, including case law, statutes, regulations, legal journals, and secondary sources. It is a critical tool for legal professionals and students to conduct thorough and efficient research across various areas of law.
Memorandum: A memorandum, often referred to as a memo, is a written message used in a professional or legal context to communicate information, provide directives, or outline procedures. Memos are typically concise and structured to ensure clarity, making them useful for documenting important decisions and sharing updates among team members or stakeholders.
Primary Sources: Primary sources are original documents or firsthand accounts that provide direct evidence or firsthand testimony about a legal issue, fact, or event. They are essential in legal research as they establish the law and provide a foundation for legal arguments, serving as the most authoritative reference in the legal research process.
Relevance: Relevance refers to the degree to which information, data, or evidence directly applies to the matter at hand and can impact the decision-making process. It is a crucial concept that affects how legal arguments are constructed and evaluated, ensuring that only pertinent information is considered when analyzing a case or issue.
Research Outline: A research outline is a structured framework that helps organize and guide the legal research process. It serves as a roadmap, allowing researchers to identify key issues, relevant sources, and the steps needed to gather and analyze information effectively.
Research Question: A research question is a clear, focused, and specific inquiry that guides the legal research process, helping to identify the issues at stake and determine the relevant legal materials needed to address those issues. Crafting a strong research question is essential because it shapes the direction of the research strategy, ensuring that the researcher stays on track and efficiently locates pertinent information.
Rule Synthesis: Rule synthesis is the process of combining legal rules from various sources, such as statutes, case law, and regulations, to create a cohesive understanding of the law applicable to a specific legal issue. This involves analyzing different legal authorities and determining how they interact with each other to form a comprehensive rule or principle that can guide decision-making in a particular case.
Secondary Sources: Secondary sources are legal materials that interpret, analyze, or summarize primary legal sources, such as statutes, case law, and regulations. They provide context, commentary, and guidance for understanding the law and are often used to support legal arguments or research.
Statutory Interpretation: Statutory interpretation is the process by which courts and legal practitioners determine the meaning of legislation and apply it to specific cases. This involves understanding the language used in statutes, the intent of the lawmakers, and how the statute interacts with existing laws. This process is essential for effective legal research and practice, as it shapes how laws are applied and understood in various legal contexts.
Westlaw: Westlaw is a comprehensive online legal research service that provides access to a vast database of legal resources, including case law, statutes, regulations, and secondary sources. It serves as an essential tool for legal professionals, offering features that enhance the research process through advanced search capabilities and detailed analysis.
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