Legal Research for 2Ls

As you become more experienced in a particular area of law, you may find that an extensive "plan" is not as important but, documenting your search should always be a part of your process. You may be required to return to your work after an extended period and having documentation will save you time and prevent you from being forced to retrace your steps.

• Read
  • Read the statutes word for word
  • Read the cases in order of relevancy
    • read the ones that seem the most on-point first
    • remember what you learned about mandatory vs. persuasive authority
• Take lots of notes
  • Find a way to document your research that works for you.
  • Spreadsheet or Word Doc – list sources (actual full citations), Key numbers, explain to yourself why that source is useful to your research, list cited sources that you need to search next

• Background information
  • Internal identification information (File name/number)
  • Date of assignment and deadline
  • Assigning attorney and work product format desired (memo, brief, letter, etc.)
  • Estimated amount of time to spend on work (ask your boss)
  • Jurisdiction
• Issue: For each issue, determine:
  • General area of law – i.e. Family Law
  • Specific area of law – i.e. Custody
  • What is the specific question(s) you have been asked to answer? (i.e. is an aunt permitted to file for visitations rights to see her nieces and nephews?)
• Anticipated Research Steps
  • Understand the facts – clarify as necessary to ensure you are researching the correct issue.
  • What do you expect to find? (Did your boss set any expectations of what you should be able to find?)
• Where to start researching?
  • Were you given a statute? Start there.
    • From the statute, read adjacent or cited statutes (Click on “Table of Contents” above the statute in Westlaw to see statutes contained in whole chapter.)
    • From the statute, read cases that interpret the statute (Click on the “Notes of Decisions” above the statute.)
      • Cases will lead you to related cases via internal citations or Headnotes/Key Numbers
    • From the statute, read secondary sources if you need additional clarification on the issues (Click on the “Citing References” tab above the statutes.)
  • Do you know anything about the law? No? Start with a secondary source which will lead you to primary sources.
    • Which source?
      • Ask your boss if they know of a good secondary source on point: they may have something in the office or have a subscription to a key title.
      • If it is a state issue, use state secondary sources.
      • If it is a federal issue, look for federal sources.
      • Forgot which is which? Look at secondary sources in this guide to find out more.
  • Identify key terms related to your topic
  • Identify key statutes and case law (unless otherwise directed, cite only primary sources in your work product).
  • Identify related concepts that may impact your case.
  • Find checklists that will aid in your work (elements of case, how to file a pleading, how to prove a case, assets to document, etc.)
• When to stop?
  • Research is an iterative process
    • Research, read, and take notes as you go to find the next step.
    • You will find that your cases are starting to point to the same sources – you are getting close – read as many as is reasonably possible.
    • As you read more cases, you will find diminishing returns which is a key to knowing that it’s time to stop.
    • You will likely come full circle on your research – back to where you started.
  • Depending on your area of law, you simply can’t read everything.