Transcript LegalResearch Strategies - A comprehensive research

Legal Research Strategies
Steven Thorpe
Researching Your Way to a Successful Summer
Legal Research Refresher Training
April 15, 2015
DUTY TO RESEARCH AND KNOW
THE LAW
• Pennsylvania
– COLLAS V. GARNICK, 624 A.2D 117
(PA. SUPER. 1993)
• The attorney must do
the minimum amount of
research required to
allow the client to make
an informed decision.
Legal Information Overload
• The abundance of information
causes a variety of problems for
the legal researcher
– After receiving hundreds of thousands of results,
some simply graze at the top of a results list, like
they would do on Google, and miss relevant
information
– The mass of information creates a fear that you
are missing something, that case or statute that
solves all problems
• Don’t jump right into Westlaw or Lexis
searching for the first thing that comes to
mind
• Take a few minutes to think through the
research process
Your Research Plan
• Write down your research question
• Planning may take a few minutes up front, but
will save you time and frustration in the long
run
Your Research Plan
• Articulate your research question
– What is it that you are ultimately trying to find?
• A case
• A statute
• Background material
– Stay focused on the research question
• Don’t start chasing white rabbits (Hyperlinks can easily
distract you)
• If there is more than one question, break each one
down
Research Question
• Brainstorm search terms
– Having the right search terms is critical to
returning relevant results
• Example; gun, firearm, pistol, handgun, weapon
– You never know which term a court or an index may use
• Decide which type of sources will be the most
helpful in answering the question
– Are you looking for background material, primary
sources…?
Practical Considerations
• Ask questions when you get an assignment. If
any part of the question is unclear, an associate
can give you important background information
or a good source for a head start on research.
• Not sure if your on the right track or if you did
the assignment correctly?
– Ask someone else to look over your research, or
– Take what you have found so far and discuss it with
your supervisor
Practical Considerations
• Update!!
Always make sure that you are looking at
good law. Online citators, paper pocket
parts and pamphlets, must all be
consulted before your research is
complete.
Sample Research Strategies
• Legal Research Strategy Paul L. Boley Law
Library at Lewis & Clark Law School
• The Art and Craft of Strategic Legal Research
The Writing Center at Georgetown University
Law Center
• UCLA School of Law Legal Research and
Writing Guide
Practical Considerations
Comprehensive authoritative
government websites used to find free
legal information:
Library of Congress
Congress.gov
Federal Digital System
FDsys.gov
United States Courts
USCourts.gov
Zimmerman’s Research Guide
• Hosted by LexisNexis® Info Pro
• An Online Encyclopedia for Legal Researchers
by Andrew Zimmerman
• This research encyclopedia provides useful
information and/or links for legal research
resources. The site is very easy to use, allowing
researchers to search or browse for jurisdictions
or topics. It can be a good starting point if you are
unsure how to begin to research an area of law.
Official and Unofficial Publications
• Official publication has been mandated by
statute or government rule. May be produced
by the government.
• Unofficial (also known as commercial) versions
are published more quickly and include a wide
range of annotations, tables, and other
research aids rarely found in official versions.
Boolean Searching
• Terms and connectors vs. plain language
– Terms and connectors are still used by a majority
of attorneys
– Terms and connectors can help you in dealing with
a large amount of data and cut through clutter
– Example: Plain language search for affirmative
action higher education in the Federal Courts
database; Lexis Advance, 10,000+ WestlawNext, 474
cases
terms and connectors search for "affirmative
action" /p "higher education”; 99 cases in both Lexis
Advance and WestlawNext
Organization
• Find a way to keep track of your research
• Find a system that works for you and use it
– Create a spreadsheet
– Use a commercial product like Lexis’s CaseMap
– Print out cases, highlight them or put notes on
them
• Anything that will help
– you stay afloat!
Research Strategy
• When to stop
– Repetition of citations (The wheel of
research)
– Absence of new information
– Arriving at an answer
– Searching all available resources
– Research cost exceeds its expected benefit
Take Your Library to Work
• Your Drexel log in credentials provides remote
access to most of the electronic resources
available on the entire Drexel campus. Visit
our Electronic Databases to help you find law
review articles and information on almost any
legal topic. Several of these databases also
have mobile applications (for example Hein
Online) but IP authentication is required to
access content.
Using Librarians (at your firm,
Jenkins, or the LRC)
• Learn to trust the Librarian. She/He knows
the resources, the firm culture, and other
idiosyncrasies that can make for a successful
summer. She/He can be your best friend.
• Talk to a librarian early and often, especially
if you are struggling (within reason).
• Don’t be afraid to admit ignorance to
librarians! They have more experience with
this than you do.
LRC Reference Desk
Contact Information
• The Reference Librarians at the Legal
Research Center are here to help you so
feel free to call, 215-571-4771, email, or
chat, for reference assistance. Consult
with us for legal research strategies,
secondary resources, and best website
suggestions.