Legal Research Methods Used by Lawyers: Uncovering the Best Strategies for Effective Legal Discovery

Legal research is a cornerstone of the practice of law. Whether you’re drafting a contract, preparing for trial, or advising a client, having the right information is key to ensuring success. Lawyers rely on a variety of legal research methods to gather case law, statutes, regulations, and other legal materials to support their arguments and strategies. Understanding how these methods work and how to effectively utilize them can elevate a lawyer’s practice and improve case outcomes. In this article, we’ll explore the different legal research methods used by lawyers and how they help shape a more informed, strategic approach to legal work.

Using Legal Databases for Efficient Case Law Search

One of the most common and essential tools in legal research is the use of legal databases like Westlaw, LexisNexis, and Bloomberg Law. These platforms provide lawyers with access to a vast library of case law, statutes, regulations, and secondary sources, allowing them to conduct detailed and thorough searches for relevant legal precedents.

These databases allow for sophisticated search features, such as filtering by jurisdiction, topic, and court level, making it easier to find case law directly applicable to a given issue. Lawyers can also use these databases to track case history, identify citations, and explore legal commentary and analyses. By honing the search process, lawyers can quickly locate authoritative and applicable sources that inform their arguments.

Conducting Statutory and Regulatory Research

Another critical component of legal research is understanding the statutes and regulations that govern specific areas of law. For example, a lawyer handling a business contract case will need to know commercial laws, while someone in immigration law would need to be well-versed in current immigration statutes. Statutory research involves identifying, analyzing, and interpreting laws passed by legislative bodies.

This type of research often requires lawyers to explore government websites, official publications, and legal summaries to understand the language and implications of the law. Regulatory research, meanwhile, involves delving into rules set by agencies (such as the SEC or IRS) that have the power to enforce these laws. Both types of research are critical in ensuring that lawyers’ arguments align with the law’s current framework and compliance requirements.

Leveraging Secondary Sources: Treatises, Journals, and Legal Commentaries

In addition to primary sources like case law and statutes, lawyers often rely on secondary sources to deepen their understanding of legal principles and to guide their analysis. Treatises, legal journals, and commentaries provide valuable insight into specific areas of law, offering expert analysis, practical applications, and critiques of existing rules.

For instance, if a lawyer is dealing with a complex real estate transaction, they might refer to specialized legal treatises on property law. Legal journals and law reviews often contain articles by scholars and practitioners that highlight emerging trends, analyze case law, or discuss unresolved legal issues. These secondary sources help lawyers refine their approach and gain a more rounded perspective on the legal landscape.

Using Court and Agency Websites for Up-to-Date Information

Legal research also involves real-time tracking of cases and legal updates. Many courts, government agencies, and regulatory bodies provide online access to recent rulings, opinions, and regulations. Lawyers can access court dockets, rulings, and transcripts through official websites, and monitor any changes in laws or regulations that could affect ongoing cases.

For instance, federal court opinions are available via PACER (Public Access to Court Electronic Records), which provides information on case filings, schedules, and motions. Similarly, lawyers working with specific government agencies can check official websites for updates to regulations or proposed legislative changes. Staying current with this information is crucial in keeping a case or legal matter on track.

Collaborating with Paralegals and Legal Researchers

In many law firms, paralegals and legal researchers play an integral role in the research process. They assist lawyers by performing preliminary research, gathering documents, and summarizing case law, which allows the lawyer to focus on high-level strategy and client relations. Paralegals are often trained to use legal research databases effectively and can compile the information lawyers need to build their arguments.

Collaborating with skilled paralegals and researchers can greatly enhance the efficiency of the legal research process, especially in larger cases that involve extensive documentation. This teamwork allows for a more effective division of labor, ensuring that lawyers can focus their time on analysis, client consultations, and legal strategy.

FAQs About Legal Research Methods Used by Lawyers

1. What is the most important legal research method for a lawyer?
The most important method depends on the case. For many lawyers, legal databases like Westlaw and LexisNexis are invaluable for case law searches, while statutory and regulatory research is crucial for understanding the framework surrounding the case.

2. How can lawyers ensure their research is up-to-date?
Lawyers should rely on official court and agency websites, subscribe to legal newsletters, and utilize services like PACER for real-time case updates and regulatory changes.

3. Are secondary sources necessary in legal research?
Yes. Secondary sources like treatises, legal journals, and commentaries offer context, expert opinions, and analysis that help lawyers interpret primary sources and apply the law effectively.

4. What role do paralegals play in legal research?
Paralegals assist with organizing and conducting preliminary research, drafting summaries of cases, and preparing documents, which helps lawyers focus on more complex tasks like strategy development and client management.

5. Can a lawyer conduct legal research without a subscription to a paid database?
While free resources like government websites and Google Scholar can be useful, paid databases like Westlaw and LexisNexis provide more comprehensive, specialized, and up-to-date legal resources.