Large legal databases all have their own citation tools. For example, Casetext offers SmartCite, which “uses a system of flags to indicate the processing of cases.” Casetext can also “help you assess whether a case is good law and find other relevant cases that cite that opinion.” Legal research is about taking the instance out of legal theories and principles. Another important step in legal research is to check that all the cases and laws you come across in your legal research are still “good” laws – meaning that every legal decision you seek is always valid and relevant. Using a struck down or unconstitutional law will not help you win your case. · Look for the relevant “authorities” to help them find an answer to a problem or legal problem. How should I use technology to improve my legal research? Whether you`re a student still in law school or a seasoned lawyer with years of experience, strong research skills are essential to making a winning argument. That`s why it`s so important to know how to conduct legal research, including where to start and what steps to take. Today, cloud-based online legal research software allows you to search remotely when you use it with law practice management software like Clio Manage. The flexibility to search from anywhere streamlines the legal research process and increases efficiency. Here are some examples: Now that you`ve gathered the facts and know your legal problem, the next step is to know what to look for. After all, you need legislation to support your legal argument, whether you`re giving advice to a client or writing an internal memo, brief, or other legal document.
TexasLawHelp`s mission is to provide low-income Texans with free and reliable legal information. The information on TexasLawHelp can give you a general idea of the law before you begin further legal research. This information can also help you determine where to start your legal research. Shepardizing®: The process of consulting with the Shepard Citation Service to determine if a case has been cancelled, confirmed, questioned or cited by subsequent® cases, or is at risk of being treated negatively. Your research should set a precedent. The use of an inverted or minority power is not considered “good law” and your research may be ineffective or harmful to you. Legal research – that is, identifying, finding, and citing the applicable information and laws needed to support your legal decision-making – strengthens your case and adds substance to your legal work, resulting in a better outcome for your clients. Each of the three types of legal sources you work with has a purpose in the legal research process. Here is a brief overview: There is no specific methodology for how you conduct legal research. That`s why you can easily create your own method and approach the case at your own pace. It is possible to use the old-school method of reading and reviewing legal journals and documents, or you can use legal software for lawyers that is just as effective, not to mention much faster. Electronic databases such as Westlaw and LexisNexis sell subscriptions that allow users to quickly search for electronic versions of treaties, statutes, jurisprudence, rules and regulations.
Searching these databases may require some training. Subscriptions are usually too expensive for individuals. However, if your local law library provides access to users, these are great resources for legal research. You can use these databases to search for specific terms or to learn more about an entire area of law. Some terms can be searched through the database search engine. Legal research sounds simple and easy, but in reality, it is a very difficult task. Eligibility to conduct legal research is essential for lawyers, judges and jurists, regardless of field or different practices. The most fundamental and important step in legal research is to find the main case that explains the facts in question and then do additional research on it. As most researchers know, it`s much more dangerous than it sounds. Research is not a process that has a finite beginning and end, but continues at every stage of a legal case.
This is the cornerstone of a litigant`s skills. Tools such as “Points of Law,” “Folders,” and “Issue Analyzer” can also increase efficiency, especially if you refine your searches to confirm that you`ve found everything perfect. In the past, lawyers had to spend many hours (and a lot of money) sifting through several court reports to make sure they didn`t miss a case. Now, there are tools that can speed up this process significantly. For example, if you search for legal issues, you may immediately be redirected to other cases where the same legal principle is discussed. There`s a reason there are entire law courses and countless books focused solely on legal research methodology. In fact, many lawyers will spend their entire careers honing their research skills – and even then, they may not have perfected the process. Usually, lawyers draft a document known as a “legal memorandum” at that time.
A legal brief summarizes the facts, explains the problem, applies the laws to the facts, counter-analyzes the other party`s perspective, and predicts the likely outcome of a case. A legal memorandum is complex and difficult to process. Consider seeking help from a private lawyer, perhaps through limited representation. A pause to collect and record critical details (such as who, what, when, where and how of your case) lays the groundwork for a more focused and streamlined legal research process. It may be wise to talk to your lawyer to understand how they use legal research. This is important because judges often write opinions that are not easy for non-lawyers to follow. For this, we all need an expert. A lawyer will review the statutes, case law, and secondary authority to help you decide whether to pursue your case.
Your lawyer would be in the best position to know how the court would proceed and react in certain cases. Since they have already done a bit of research on precedents, case law with a similar model of facts, they would have a little idea of where the case would lead. The legislator does the same thing with laws. A corporate attorney can do legal research on building codes, labor laws, or federal environmental regulations to understand and determine whether a proposed new policy would expose the company to liability.