Step-by-Step Guide on How to Conduct Effective Legal Research
When it comes to the practice of law, many law students envision glamorous court appearances, like those in Suits or Law and Order. However, let’s pause and take a deeper look at what truly happens behind these court appearances—crafting legal arguments. So, how do you formulate a winning legal argument?
The answer is - RESEARCH. A well-conducted research process empowers your argument in court, provides substance for your legal opinions, and helps with assignments and essay questions. This step-by-step guide aims to assist you in effectively navigating the research process and mastering how to conduct effective legal research.
Step 1: Basis of Legal Research
First things first, we need to identify the legal issues. If there is a huge chunk of information, break it down. Extract the relevant legal issues in the case. Proper identification is crucial, as it ensures you stay on topic and are able to provide informed legal decisions to the court or your client.
There are several online databases available for legal research, including LexisNexis, Practical Law, Westlaw, and Thomas Reuters. If your research area is particularly niche and you’re unsure where to begin, try consulting practitioner texts. These often cite cases in footnotes, which will be a good starting point for your research.
Step 2: Legal Research Process
Always start with a research plan: note down the issues in question and begin from there. I suggest starting with secondary sources of law (practitioner texts, legal encyclopedias, annotated statutes, the White Book, and law reviews). Then, consult the primary source (the relevant statute) and continue your research from there.
Following this process will provide you with a better understanding of the law (through secondary sources); while consulting primary sources of law will serve as a check to ensure you're on the right track.
Step 3: Case Law Analysis
Read the case critically and carefully identify the ratio decidendi and obiter dicta. Avoid relying solely on the headnote of the case. I've heard of instances where applications were overturned because counsel cited a part of the case that had been overturned on appeal. Imagine how this could impact your clients.
If there are no relevant cases in the UK regarding your subject matter, consider looking at case law from other Commonwealth countries. While these may not be the most persuasive authorities, the court can still consider these cases.
Step 4: Effective Legal Research Techniques
Law is evolving and developing every second, and staying informed will give you an edge in terms of research. So, how can you stay informed? Skimming through articles posted by chambers and law firms is a great way, and Lexology is often a reliable source.
While legal research may seem overwhelming at first, approaching it with a clear research plan, consulting reliable sources, and staying updated will empower you to overcome even the most challenging research tasks.
Just one more tip before we end: using AI in your research process is becoming the norm nowadays. However, keep in mind that a US attorney faced disciplinary proceedings for citing a non-existent case in his submission, and guess where he got his source from? Chat! To avoid this, always double-check your research work.
