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How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

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Legal Research Basics: A Step-By-Step Guide to Brushing Up on Your Skills

Legal research is imperative to the practice of law. Depending on where you are in your legal career, there could be multiple reasons to brush up on the basics of legal research. You could be a: 

• Law student or recent graduate preparing for your career 
• Seasoned attorney aiming to brush up on the basics amidst ever-evolving legal research technology 
• Growing law firm preparing to train new attorneys or paralegals 

Regardless of which of these categories you align with most, reviewing the basics of legal research should become regular practice. After all, the importance of legal research cannot be overstated – pinpointing the best facts and knowledge for your case can make the difference between winning and losing.  

Use this article to review the basics and set yourself (and your firm) up for success. First, we’ll define legal research and its components. Then, we’ll walk you through a step-by-step process for conducting superior legal research. Finally, we’ll close with recommendations for tools that can help you become both an accurate and efficient legal researcher – which ultimately equips you with a reputation for success in the courtroom.  

What is Legal Research?

Legal research is defined as the process of identifying and retrieving information necessary to support legal decision-making. There are multiple reasons you might conduct legal research: 

• To find “good” case law that backs up your motion or brief  
• To provide legal counsel to clients  
• To provide a memo or brief for class (law students only)  
• To identify case law that refutes an opposing argument 
• To support the over-arching narrative of your case 

What is the Importance of Legal Research?

Legal research provides support for decision-making on complex issues, by providing specific facts and legal precedent that allow you to produce complete answers for clients. Quality legal research is critical to the practice of law.

Historically, attorneys combed through books and libraries for the perfect facts, cases, and issues; now, technology has largely replaced this process. While the prominence of ever-evolving technology has made the process more efficient (and, in many ways, easier), the sheer number of products and options available can be overwhelming.  

The Legal Research Process

Understanding that the legal research process can be overwhelming and time-consuming, we’ve broken the legal research process down into three key steps: 

• Understand the facts of your case 
• Gather sources of law 
• Check your citations for “good” law 

Each of these steps is detailed below, alongside a quick-view checklist.  

Step 1: Record the Facts of Your Case and Create a Research Plan  

Handling a legal task with authority requires confidence in the process. This is true in any practice, jurisdictional setting, or level of legal expertise. A good process should start by taking time to identify and understand the facts of your case. Ask yourself the following questions: 

• What is the legal issue at hand?  
• What are the details of the case?  
• What jurisdiction is most relevant?  
• Do you need state or federal case law? 

Record your facts in a case management tool before beginning – this can help you develop a course of action and narrow down where to start your research. While it may be tempting to skip this step, a commitment to this process saves you time in the long run by helping you efficiently juggle multiple clients. Not to mention, you will likely need what you’ve recorded to file a motion or brief. 

With the facts of the case recorded, you can begin your research. Because this will help you develop a plan for gathering your sources, we will briefly discuss creating a research plan before moving on to Step 2.  

Did you know? LexisNexis boasts a collection of state case law superior to its leading competitors. Easily filter by jurisdiction before or after your search.  

Creating a Research Plan  

Review the facts you recorded to determine what information you will need to build your case. When legal research first moved online, many attorneys felt the need to start with a free service like Google to identify terms of art before conducting a search in a legal research platform. However, this is no longer necessary. Research platforms like Lexis+ allow you to start your search with a natural language search or question and equip you to quickly comb both primary and secondary sources. Litigators, specifically, can use Fact and Issue Finder – integrated directly with Lexis+ – to help quickly identify the best terms of art for their search.  

Creating your research plan is less about planning where you will search and more about planning what you will search. You know your research can be conducted on one, fully integrated platform. So, what questions will you ask to get started? What legal issues do you need more information about? What filters will you need (jurisdiction, time period, etc.)?  

Once you know what you will search for, you are ready to gather sources.  

Step 2: Gather Sources of Law  

The next step in your process is to gather relevant sources of law. Below, we detail the difference between primary law and secondary law. Importantly, when gathering sources, start with secondary law materials. This helps ensure you are up-to-speed on what experts have to say about a topic before you begin your case law search. Why does this matter? Think about it as building your knowledge base before crafting an argument – you’ll be less likely to make mistakes and more inclined to spot case-winning primary law.  

What are Secondary Sources of Law?  

Secondary legal sources are materials that describe or interpret the law. They are educational resources that provide analysis of the law. These documents are cited by attorneys to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow. Start with secondary sources to learn from legal experts that have already explored a given topic.  

Secondary sources may include: 

• Practice guides 
• Legal treatises 
• Law review articles 
• Scholarly journals 
• Legal news 
• Jury instructions 
• Legal dictionaries and encyclopedias 

What are Primary Sources of Law?  

A primary legal source is a formal document officially issued by the government that establishes the law on a particular matter, such as a case decision or legislative act. Primary sources are the law. This is the most authoritative step in the legal research process. You can support arguments with primary sources as they are not only authoritative, but precedential and controlling.  

Your primary sources may include: 

• Case law (federal and/or state) 
• Orders 
• Decisions 
• Statutes and regulations 
• Constitutions  
• Treatises 

Step 3: Check to See If You’re Using Good Law   

The final step in your research process should include a final check to ensure you have used “good” law – this means you are using case law that has been treated positively in court (as opposed to case law that has been overturned or brought into question). 

Check your case citations as you collect them, especially since legal research software can allow a quick view of how your case has been treated in court directly from your search results. However, it is best practice to review your citations once your research process is complete to check for any gaps, changes, or oversights.  

Read more about using good law and the process of " Shepardizing ."

Conduct Winning Legal Research  

Following this three-step process ensures you’re taking the right measures to find the most accurate, relevant and valuable data to achieve your objectives. Now that you’re ready to conduct winning legal research, take some time to review products and tools that can help you in your path to success.  

Getting Started with Legal Research Tools   

Legal research is key to drafting effective documents and building winning cases. Legal research solutions have evolved substantially – helping you conduct legal research with increased efficiency and accuracy . Below is a list of legal research tools to help you build a winning case:  

• Lexis +:  This is the premier LexisNexis fully integrated legal research platform. Features such as Shepard's At Risk ensures you’re citing only the most authoritative sources, with unprecedented visibility into whether a case is at risk of being overruled or undermined. Other Lexis+ features include, but aren’t limited to: 
• Brief Analysis: Get a clear picture of the contents of your legal brief to identify any missteps and bolster your arguments against opposing counsel. Simply upload and file and quickly evaluate the legal authority cited in your (or an opposing) brief in granular detail and receive recommendations for additional searches.  
• Litigation Analytics: Get the most accurate insights into judges, courts, attorneys, and law firms to ensure your success in litigation. Understand critical insights regarding caseloads, experience across case types, timing to key milestones, and damages by comparing federal districts and judges. 
• Shepard's ® Citations Service:  See if a case has been overturned, reaffirmed, questioned, or cited by later cases, or is at risk of negative treatment. Your research needs to provide precedential value. Using reversed or overruled authority doesn't qualify as "Good Law" and your research may be ineffectual or harmful to your case.  
• Practical Guidance: View professional insights on 20 different practice areas. Accomplish any task with practice notes, annotated templates, and checklists.  
• Legal News Hub: Receive up-to-the-minute, award-winning journalism and legal news from Law360 and Law360 Pulse anytime you need it — without having to leave the Lexis+ ecosystem. Stay current on critical developments across legal practice areas, with over 70 coverage areas spanning the practice and business of law. 

LexisNexis is here to support your firm in winning your next case. With Lexis+, all of your legal research needs are integrated into one platform as a true start-to-finish solution. Ready to learn more? Take a guided tour of Lexis+ today. 

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How to Conduct Legal Research

September 21, 2021

Conducting legal research can challenge even the most skilled law practitioners.

As laws evolve across jurisdictions, it can be a difficult to keep pace with every legal development. Equally daunting is the ability to track and glean insights into stakeholder strategies and legal responses. Without quick and easy access to the right tools, the legal research upon which case strategy hinges may face cost, personnel, and litigation outcome challenges.

Bloomberg Law’s artificial intelligence-driven tools drastically reduce the time to perform legal research. Whether you seek quick answers to legal research definitions, or general guidance on the legal research process, Bloomberg Law’s Core Litigation Skills Toolkit has you covered.

What is legal research?

Legal research is the process of uncovering and understanding all of the legal precedents, laws, regulations, and other legal authorities that apply in a case and inform an attorney’s course of action.

Legal research often involves case law research, which is the practice of identifying and interpreting the most relevant cases concerning the topic at issue. Legal research can also involve a deep dive into a judge’s past rulings or opposing counsel’s record of success.

Research is not a process that has a finite start and end, but remains ongoing throughout every phase of a legal matter. It is a cornerstone of a litigator’s skills.

[Learn how our integrated, time-saving litigation research tools allow litigators to streamline their work and get answers quickly.]

Where do I begin my legal research?

Beginning your legal research will look different for each assignment. At the outset, ensure that you understand your goal by asking questions and taking careful notes. Ask about background case information, logistical issues such as filing deadlines, the client/matter number, and billing instructions.

It’s also important to consider how your legal research will be used. Is the research to be used for a pending motion? If you are helping with a motion for summary judgment, for example, your goal is to find cases that are in the same procedural posture as yours and come out favorably for your side (i.e., if your client is the one filing the motion, try to find cases where a motion for summary judgment was granted, not denied). Keep in mind the burden of proof for different kinds of motions.

Finally, but no less important, assess the key facts of the case. Who are the relevant parties? Where is the jurisdiction? Who is the judge? Note all case details that come to mind.

What if I’m new to the practice area or specific legal issue?

While conducting legal research, it is easy to go down rabbit holes. Resist the urge to start by reviewing individual cases, which may prove irrelevant. Start instead with secondary sources, which often provide a prevailing statement of the law for a specific topic. These sources will save time and orient you to the area of the law and key issues.

Litigation Practical Guidance provides the essentials including step-by-step guidance, expert legal analysis, and a preview of next steps. Source citations are included in all Practical Guidance, and you can filter Points of Law, Smart Code®, and court opinions searches to get the jurisdiction-specific cases or statutes you need.

Searching across Points of Law will help to get your bearings on an issue before diving into reading the cases in full. Points of Law uses machine learning to identify key legal principles expressed in court opinions, which are easily searchable by keyword and jurisdiction. This tool helps you quickly find other cases that have expressed the same Point of Law, and directs you to related Points of Law that might be relevant to your research. It is automatically updated with the most recent opinions, saving you time and helping you quickly drill down to the relevant cases.

How do I respond to the opposing side’s brief?

Whether a brief is yours or that of the opposing party, Bloomberg Law’s Brief Analyzer is an essential component in the legal research process. It reduces the time spent analyzing a brief, identifying relevant authorities, and preparing a solid response.

To start, navigate to Brief Analyzer available from the Bloomberg Law homepage, within the Litigation Intelligence Center , or from Docket Key search results for briefs.

Simply upload the opposing side’s brief into the tool, and Brief Analyzer will generate a report of the cited authorities and arguments contained in the brief.

You can easily view a comparison with the brief and analysis side by side. It will also point you directly to relevant cases, Points of Law, and Practical Guidance to jump start your research.

[ How to Write a Legal Brief – Learn how to shorten the legal research cycle and give your legal brief a competitive advantage.]

How to optimize your search.

Crafting searches is a critical skill when it comes to legal research. Although many legal research platforms, including Bloomberg Law, offer natural language searching, terms and connectors (also called Boolean) searching is still a vital legal research skill and should be used when searching across court opinions, dockets, Points of Law, and other primary and secondary sources.

When you conduct a natural language search, the search engine applies algorithms to rank your results. Why a certain case is ranked as it is may not be obvious. This makes it harder to interpret whether the search is giving you everything you need. It is also harder to efficiently and effectively manipulate your search terms to zero in on the results you want. Using Boolean searching gives you better control over your search and greater confidence in your results.

The good news? Bloomberg Law does not charge by the search for court opinion searches. If your initial search was much too broad or much too narrow, you do not have to worry about immediately running a new and improved search.

Follow these tips when beginning a search to ensure that you do not miss relevant materials:

• Make sure you do not have typos in your search string.
• Search the appropriate source or section of the research platform. It is possible to search only within a practice area, jurisdiction, secondary resource, or other grouping of materials.
• Make sure you know which terms and connectors are utilized by the platform you are working on and what they mean – there is no uniform standard set of terms of connectors utilized by all platforms.
• Include in your search all possible terms the court might use, or alternate ways the court may address an issue. It is best to group the alternatives together within a parenthetical, connected by OR between each term.
• Consider including single and multiple character wildcards when relevant. Using a single character wildcard (an asterisk) and/or a multiple character wildcard (an exclamation point) helps you capture all word variations – even those you might not have envisioned.
• Try using a tool that helps you find additional relevant case law. When you find relevant authority, use BCITE on Bloomberg Law to find all other cases and/or sources that cite back to that case. When in BCITE, click on the Citing Documents tab, and search by keyword to narrow the results. Alternatively, you can use the court’s language or ruling to search Points of Law and find other cases that addressed the same issue or reached the same ruling.

[Bloomberg Law subscribers can access a complete checklist of search term best practices . Not a subscriber? Request a Demo .]

How can legal research help with drafting or strategy?

Before drafting a motion or brief, search for examples of what firm lawyers filed with the court in similar cases. You can likely find recent examples in your firm’s internal document system or search Bloomberg Law’s dockets. If possible, look for things filed before the same judge so you can get a quick check on rules/procedures to be followed (and by the same partner when possible so you can get an idea of their style preferences).

Careful docket search provides a wealth of information about relevant cases, jurisdictions, judges, and opposing counsel. On Bloomberg Law, type “Dockets Search” in the Go bar or find the dockets search box in the Litigation Intelligence Center .

If you do not know the specific docket number and/or court, use the docket search functionality Docket Key . Select from any of 20 categories, including motions, briefs, and orders, across all 94 federal district courts, to pinpoint the exact filing of choice.

Dockets can also help you access lots of information to guide your case strategy. For example, if you are considering filing a particular type of motion, such as a sanctions motion, you can use dockets to help determine how frequently your judge grants sanctions motions. You can also use dockets to see how similar cases before your judge proceeded through discovery.

If you are researching expert witnesses, you can use dockets to help determine if the expert has been recently excluded from a case, or whether their opinion has been limited. If so, this will help you determine whether the expert is a good fit for your case.

Dockets are a powerful research tool that allow you to search across filings to support your argument. Stay apprised of docket updates with the “Create Alert” option on Bloomberg Law.

Dive deeper into competitive research.

For even more competitive research insights, dive into Bloomberg Law’s Litigation Analytics – this is available in the Litigation tab on the homepage. Data here helps attorneys develop litigation strategy, predict possible outcomes, and better advise clients.

To start, under Litigation Analytics , leverage the Attorney tab to view case history and preview legal strategies the opposition may practice against you. Also, within Litigation Analytics, use the Court tab to get aggregate motion and appeal outcome rates across all federal courts, with the option to run comparisons across jurisdictions, and filter by company, law firm, and attorney.

Use the Judge tab to glean insights from cited opinions, and past and current decisions by motion and appeal outcomes. Also view litigation analytics in the right rail of court opinions.

Docket search can also offer intel on your opponent. Has your opponent filed similar lawsuits or made similar arguments before? How did those cases pan out? You can learn a lot about an opponent from past appearances in court.

How do I validate case law citations?

Checking the status of case law is essential in legal research. Rely on Bloomberg Law’s proprietary citator, BCITE. This time-saving tool lets you know if a case is still good law.

Under each court opinion, simply look to the right rail. There, you will see a thumbnail icon for “BCITE Analysis.” Click on the icon, and you will be provided quick links to direct history (opinions that affect or are affected by the outcome of the case at issue); case analysis (citing cases, with filter and search options), table of authorities, and citing documents.

How should I use technology to improve my legal research?

A significant benefit of digital research platforms and analytics is increased efficiency. Modern legal research technology helps attorneys sift through thousands of cases quickly and comprehensively. These products can also help aggregate or summarize data in a way that is more useful and make associations instantaneously.

For example, before litigation analytics were common, a partner may have asked a junior associate to find all summary judgment motions ruled on by a specific judge to determine how often that judge grants or denies them. The attorney could have done so by manually searching over PACER and/or by searching through court opinions, but that would take a long time. Now, Litigation Analytics can aggregate that data and provide an answer in seconds. Understanding that such products exist can be a game changer. Automating parts of the research process frees up time and effort for other activities that benefit the client and makes legal research and writing more efficient.

[Read our article: Six ways legal technology aids your litigation workflow .]

Tools like  Points of Law ,  dockets  and  Brief Analyzer  can also increase efficiency, especially when narrowing your research to confirm that you found everything on point. In the past, attorneys had to spend many hours (and lots of money) running multiple court opinion searches to ensure they did not miss a case on point. Now, there are tools that can dramatically speed up that process. For example, running a search over Points of Law can immediately direct you to other cases that discuss that same legal principle.

However, it’s important to remember that digital research and analytical tools should be seen as enhancing the legal research experience, not displacing the review, analysis, and judgment of an attorney. An attorney uses his or her knowledge of their client, the facts, the precedent, expert opinions, and his or her own experiences to predict the likely result in a given matter. Digital research products enhance this process by providing more data on a wider array of variables so that an attorney can take even more information into consideration.

[Get all your questions answered, request a Bloomberg Law demo , and more.]

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Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

• Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

• Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

• Read anything you have been given
• Analyze the facts and frame the legal issues
• Assess what you know and need to learn
• Note the jurisdiction and any primary law you have been given
• Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

• Search Date
• Topics/Keywords/Search Strategy
• Citation to Relevant Source Found
• Save Locations
• Follow Up Needed

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Aug 9, 2024 396 views this year
• Zotero by Daniel Becker Last Updated Aug 19, 2024 26199 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

• Scope/Breadth
• Depth of Treatment
• Currentness/Reliability

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Apr 12, 2024 6381 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

• Black's Law Dictionary
• Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Here are the two major national encyclopedias:

• American Jurisprudence (AmJur) (Westlaw)
• American Jurisprudence (Lexis)
• Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Apr 12, 2024 5979 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

This resource is available in both Westlaw and Lexis:

• American Law Reports on Westlaw (includes index)
• American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

• Law Journal Library on HeinOnline
• Law Reviews & Journals on LexisNexis
• Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

• a concisely stated rule of law,
• comments to clarify the rule,
• hypothetical examples,
• explanation of purpose, and
• exceptions to the rule  

To access restatements visit:

• American Law Institute Library on HeinOnline
• Restatements & Principles of the Law on LexisNexis
• Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

• Statutes: US and State Codes by Mindy Kent Last Updated Apr 12, 2024 4779 views this year
• 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

• Legislative History Get an introduction to legislative histories in less than 5 minutes.
• Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Apr 12, 2024 809 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

• Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
• Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

• Topic Navigator (Lexis)
• Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

• in Lexis click "More Like This Headnote"
• in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

Additional Shepard's Resources

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• Shepard's Signal Indicators & Analysis Phrases
• Shepard's Citation Services User Guide
• Lexis+ Support and Training Additional online videos and handouts for Lexis+.

Additional KeyCite Resources

• How to Ensure I'm Citing Good Law (Westlaw Video)
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary
• Understanding Next Generation KeyCite
• How to Check the Status of a Case with KeyCite
• Westlaw Precision Support Additional videos and handouts to support your Westlaw research.

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

• Parallel citations
• Prior and subsequent history
• Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

• Later cases on the same point of law
• Positive treatment, explaining or expanding the law.
• Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

• Secondary sources that discuss your case or statute.
• Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

Contact Us!

  Ask Us!  Submit a question or search our knowledge base.

Chat with us!  Chat   with a librarian (HLS only)

Email: [email protected]

 Contact Historical & Special Collections at [email protected]

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Hours  Library Hours

Classes  View  Training Calendar  or  Request an Insta-Class

 Text  Ask a Librarian, 617-702-2728

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This guide is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License .

You may reproduce any part of it for noncommercial purposes as long as credit is included and it is shared in the same manner. 

• Last Updated: Aug 27, 2024 5:19 PM
• URL: https://guides.library.harvard.edu/law/researchstrategy

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Legal Writing I & II: Legal Research and Writing & Introduction to Litigation Practice

(0 reviews)

Ben Fernandez

Copyright Year: 2020

ISBN 13: 9798746520340

Publisher: Ben Fernandez

Language: English

Formats Available

Conditions of use.

Table of Contents

• Introduction
• Part I: Objective Writing
• 1. Sources of Law
• 2. Legal Research 
• 3. Briefing Cases
• 4. Applying Cases and Analogical Reasoning
• 5. Analyzing Statues and Marshaling Facts
• 6. Citation
• 8. Objective Legal Memoranda
• 9. Other Examples of Legal Writing
• 10. Improving Your Writing
• Part II: Persuasive Essay
• 11. Credibility
• 13. Ethical Rules for Advocacy
• 14. Civil and Appellate Procedure
• 15. Requirements for Civil Motions and Standards for Appeals
• 16. Persuasive Writing
• 17. Memoranda in Support of MOtions
• 18. Motion Session
• 19. Appellate Briefs
• 20. Oral Argument
• Case Briefing Exercise
• Clampitt v. Spencer
• Eppler v. Tarmac
• Sample Case Briefs
• Clampitt v. Spencer Brief
• Eppler v. Tarmac Brief
• Case Analogy Exercise
• Malczewski v. Florida
• Sample Case Analogy
• IRAC Exercise
• Young v. Kirsch
• State Farm V. Mosharaf
• Southland v. Thousand Oaks
• Sample IRAC
• Legal Memorandum Exercise 
• Sample Legal Memorandum
• About the Author

Ancillary Material

About the book.

Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice contains a brief discussion of all of the topics covered in a law school courses on legal writing, including a typical first semester course on legal research, analysis and writing an objective memorandum, as well as a second semester course on persuasion and writing an appellate brief, motion to dismiss or motion for summary judgment. The discussion focuses on the basics of analogical reasoning and persuasion and leaves out the minutiae. Each topic is taken one step at a time, with each step building on the step before it. The sources of law are presented first, then legal research, and reading and analyzing cases and statutes. The book covers analogizing a case to a fact pattern and marshaling the relevant facts to the elements of a statutory rule next. And then first section of the book concludes with legal citation, CRAC and CREAC, and writing a legal research memorandum. The text also includes a lot of samples and examples of how the author would write a case brief, a legal memoranda and an appellate brief, as well as an appendix with charts, outlines and exercises students can use to practice these skills. Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice covers all the skills students need to know to work at a law firm, and everything students have to learn to begin practicing in litigation department of a firm.

About the Contributors

Ben Fernandez,  University of Florida Levin College of Law

Contribute to this Page

Legal Writing

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Legal Writing (219): This course introduces students to the ways lawyers write to persuade. In a hypothetical criminal case in state court, students draw on the useful facts from the record, synthesize rules from cases, and analogize and distinguish cases in a closed universe. Students receive feedback from the instructor on multiple drafts before submission. Students then submit one persuasive brief on a motion in the conventions of the Bluebook. This course depends on participation; attendance is mandatory. Grading reflects written work, class preparedness and participation, and professionalism. This course is part of the required first-year JD curriculum.

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• 1L: Mandatory (First-Year Required Course)
• LO1 - Substantive and Procedural Law
• LO2 - Legal Analysis and Reasoning
• LO4 - Ability to Communicate Effectively in Writing
• LO5 - Ability to Communicate Orally
• LO7 - Professional Skills
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Legal Research and Writing (219): Legal Research and Writing is a two-unit course taught as a simulation. Students work on a legal problem starting with an initial interview, and they conduct fact investigation and legal research related to that problem. Students receive rigorous training in reading and analyzing legal authority, and in using persuasive strategies--legal analysis, narrative, rhetoric, legal theory, and public policy--to frame and develop legal arguments. Students write predictive memos and persuasive briefs, and are introduced to the professional norms of ethics, timeliness, and courtesy. This course is part of the required first-year JD curriculum.

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A Step-by-Step Guide on How to Do Legal Research

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When it comes to the practice of law, we often think about court appearances. But crafting a winning legal argument requires a lot of research.

Well-conducted legal research empowers your arguments and gives substance to your legal work, leading to a better outcome for your clients.

To become a pro, you need to understand the tools available to you, and developing a research strategy. Learning to conduct effective legal research isn’t glamorous. That said, it will save you time while helping you conduct stronger outcomes.

This guide reviews the fundamentals of the legal research process, including what sources you should turn to—and when. We’ll also discuss how and why you should check that you’re using “good” law, and offer tips for how you can improve your legal research skills—at any stage in your career.

Click here to watch our on-demand webinar with our lawyer in residence, Joshua Lenon, to learn how to take your legal research to the next level. 

What is legal research?

Legal research involves identifying, finding, and cite-checking information and applicable laws needed to support your legal decision-making. The primary and secondary legal sources for this research include statutes, constitutions, regulations, court orders, and more.

How to do legal research

While the techniques and tools you use may vary, the goal of legal research is simple: You want to find the relevant information and resources (i.e. laws) that apply to the facts of your case, so you can support legal decision making.

With this in mind, the legal research process can be broken down into three basic elements:

• Understanding the key details and questions of your legal issue
• Finding laws and information to support your legal argument checking that what you’ve found is still relevant
• Achieve your research goals in seven easy to follow steps:

Gather critical information about your legal issue

When presented with a legal issue, it’s natural to want to dive in and start looking for cases. But it’s in your best interest to first collect key details about the legal issue at hand.

Pausing to gather and record critical details (like the who, what, when, where, and how of your case) lays the foundation for a more focused, streamlined legal research process.

Establish your legal issue and your goal

Next, use your case’s critical information to pinpoint your legal issue. By establishing legal issues and your client’s ideal outcomes before you start researching, you can construct a well-defined framework that allows you to:

• See what you know about your legal issue—and what you need to find out
• Narrow the field of potential search terms
• Identify the jurisdiction you need to focus your research within

Learn and understand the precedent in your jurisdiction

While researching, pay special attention to the geographical location where your legal issue will be resolved. Is the precedent controlling already in your jurisdiction? Or is it merely a persuasive precedent that has not yet been adopted in your jurisdiction?

Determine the type of legal sources you need

Each of the three types of legal sources you’ll work with has a purpose in the legal research process. Here’s a quick overview:

Primary legal sources are key to legal research because they establish the current law on whatever legal issue you’re working with. You can find primary sources by searching legal research databases like Fastcase or Casetext , include:

• Federal and state constitutions
• Statutes or legislation (such as laws enacted by legislative bodies like Congress and state legislatures)
• Regulations (such as rules or regulations made by either federal or state agencies)
• Annotations
• Case law (such as court opinions or decisions issued by federal or state courts)

Secondary legal sources explain or interpret legal principles in detail, or summarize the current state of the law—giving a better understanding of a particular area of law. These sources are also useful for identifying primary sources for your case (more on that later). Examples include:

• Law review articles and journals
• Practice guides
• Legal treatises

Learn more about the best free legal research tools available.

Begin your legal research with secondary sources

When it comes to legal research sources, start in the middle with secondary sources.

In addition to providing important background information on your legal issue, secondary sources save time: Instead of starting from scratch, you can leverage the expert work that’s already been done.

Think of it this way: In order to create and publish the material, experts had to go through a legal research process themselves. If a secondary source is reputable, the writer reviewed all of the available primary resources to determine what was most applicable. So, by noting the primary sources that are cited in law reviews, law journals, and case-law documents, you can take advantage of the research already done.

Note: Also keep in mind that useful cases don’t necessarily have to have the same legal outcome as your goal. If you find relevant case law where the outcome didn’t match your client’s desired outcome, you shouldn’t necessarily disregard it. If the laws are aligned, you can use that case to show how the fact patterns in your client’s case are different to strengthen your own argument.

Check that you’re using “good” law

Another key step to legal research is verifying that any cases and statutes you come across in your legal research are still “good” law—that is, that any legal decision you’re looking to is still valid and relevant. Using an overruled or unconstitutional statute won’t help you win your case.

Can older cases be “good” law?

While more recent cases are preferred (after all, they’re more likely to reflect the current legal changes that could impact the case law—and are thus less likely to have been rendered obsolete), recency isn’t mandatory.

A decades-old case could be considered “good” law—if it hasn’t been overruled in court or otherwise made irrelevant, an older case that fits with your case’s fact pattern and applicable law could be helpful.

Verify you’re using “good law” with a citator

How can you check if you’re using “good” law? Use a citator. Citators let you verify a case’s authority by giving you a cataloged list of cases, statutes, and legal sources—along with a history and precedential value for those sources—so you can then check that it hasn’t been overruled, questioned, or made irrelevant.

When using a citator, focus on the negative material (by checking a case in a citator, you can look for flags that indicate any negative history). Specifically, use a citator to check that you don’t miss a case that invalidates your argument—which could undermine your credibility.

Major legal databases all have their own citator tools. For example, Casetext offers SmartCite , which “uses a system of flags to indicate the treatment of cases.” Casetext can also “help you evaluate whether a case is good law and find other relevant cases citing that opinion.”

Report your results to check for gaps

Compiling your research into a legal memorandum is a necessary part of conducting legal research, as it allows you to identify any gaps in information that may present consequences at a later stage. Legal writing presents challenges within itself, and it’s not a bad approach for you to supplement your legal case research with a book from a local law library on how to present your findings. Generally speaking, a legal memorandum does five things:

• States the facts of the case
• Identifies the issue
• Applies “good” law to the facts
• Predicts any counterpoints
• Makes an assessment of the outcome of the case

How can I improve my legal research skills?

Whether you’re new to legal research or you’ve conducted legal research for years, once you have a solid understanding of the process, take advantage of strategies and tools to maximize legal research efficiency. Here are three strategies to consider:

Conduct more efficient research remotely

In the past, the legal research process was arduous—partly because it tied the researcher to a physical location—whether that was a local law library or a law office computer—to access resources through legal databases.

Today, online legal research software can be used remotely when integrated with a cloud-based practice management software like Clio Manage. Having the flexibility to research from anywhere streamlines the legal research process and enhances efficiency. Here are a few examples:

• By signing into an online legal research service like Fastcase with Clio, for example, you can remotely access resources and primary sources like cases and statutes, as well as secondary sources like law review articles. CourtTrax provides real-time online access to State and Federal courts across the United States. With CourtTrax’s Clio integration, you can link your search results to specific client matters, and have the results injected directly into Clio as a document.
• Cloud-based online research software like Tracers lets you search for pertinent information (such as contract information or social media activity) remotely. You can also request a Tracers search directly from a matter in Clio for an even more efficient process.

Double-check your memos and briefs with advanced legal research AI

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Effective legal research needs to be thorough and accurate—which, traditionally, is time-consuming. Legal research AI can help speed that process up without sacrificing the quality of your research.

Here are a few tools to help streamline your legal research process:

• ROSS Intelligence is an AI-driven legal research platform with an automated review tool that allows you to do more thorough research in a fraction of the time. ROSS lets you highlight statements in your pleadings and briefs to instantly search for cases and statutes discussing similar points of law. You can also use ROSS to identify negative case treatment in your pleadings and law briefs—without the manual searching.
• Casetext’s CARA artificial intelligence search technology and automated review tool enhance and speed up your legal searches. You can use Casetext to start your research with a complaint or legal brief from a matter in Clio to find highly relevant, tailored search results and resources. Casetext will not just find authorities on the same facts and legal issues—it will also find them in the same jurisdiction. Casetext’s citator functionality also makes it easier to check and flag any bad law.

Document your research with secure, cloud-based fact management software

Don’t let your research go to waste or let facts slip through the cracks because of a poor documentation system. By using secure, cloud-based fact-management software, you can record your research in an efficient, organized, and accessible way.

Software like Clio Manage and apps like FactBox , for example, keep you organized by connecting all the facts, notes, and ideas in your cases. Using this type of tool helps you prepare for depositions, hearings, client briefings, and trials faster—and with more confidence that you aren’t missing facts.

You may like these posts

Clio’s series f funding: how it benefits you, a lawyer’s guide to motion hearings, a lawyer's guide to post-trial motions, lawyer depression: recognizing the signs and dealing with it, final thoughts on how to conduct legal research.

Whether you’re a student in law school or an experienced attorney, learning how to do thorough legal research (or how to enhance your existing legal research process) is a skill that can give you a competitive advantage.

Learning great legal research techniques—from developing a more efficient research process to adopting cloud-based tools to conduct better, faster, and smarter legal research—helps you better support your cases, and clients.

Explore how you can conduct more efficient legal research with Clio Manage and the host of Clio software integrations .

How do you do legal research?

Lawyers conducting legal research often consult online legal databases, such as LexisNexis and Westlaw. They might also pore over print resources, case law reports, statutes and regulations, and secondary resources (such as legal encyclopedias, dictionaries, and treatises). That said, there’s no one-size-fits-all process.

How do I start a legal research paper?

Start by determining your topic—this should be specific and something you find interesting. Then, conduct the necessary research to form a well-supported thesis. Create an outline to structure your thoughts before writing an introduction, body paragraphs, and conclusion. Finally, edit and proofread.

How to do legal research as a paralegal

First, ensure you understand what you’re researching. Then, start with secondary sources (law reviews, practice guides, and treatises), consulting a citator to ensure it’s “good” law. Lastly, fill in any gaps with primary sources, including constitutions, treaties, regulations, and case law.

We published this blog post in October 2020. Last updated: November 15, 2023 .

Categorized in: Uncategorized

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Legal Research and Writing

Legal Research and Writing is the students’ foundational clinical course and focuses on practice-oriented legal analysis. During this yearlong course students develop the analytic skill set needed by practicing lawyers and desired by legal employers.  Students are introduced to fundamentals of legal reasoning, the structure of objective and persuasive arguments, effective written analysis, legal research methods, statutory interpretation, compelling oral advocacy, fact investigation, client counseling, and negotiation.  These analytic skills are taught using the clinical method, with the client’s perspective firmly in mind and with the students learning by acting as lawyers.  By learning how to function as practicing lawyers, students can succeed in their summer jobs, and in their careers when they graduate.

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Legal Writing at Duke Law School

Learning to write like a lawyer is perhaps the greatest challenge of legal education. The writing faculty support Duke Law students in all of their writing endeavors, helping them to develop and perfect the skills necessary to produce top-quality legal writing.

First-year Legal Analysis, Research, and Writing Program

Duke Law School's first-year Legal Analysis, Research, and Writing Program evidences the Law School's strong commitment to writing and research excellence. The Program, supplemented by the Legal Writing Resources website, emphasizes the integration of legal analysis, writing, and research, and helps students to understand and consider the legal audience for whom they are writing. The research and writing faculty are paired for each section of students, providing opportunities for team-teaching and specialized instruction throughout the year-long course. (The writing faculty for the first-year course are listed below.) In writing assignments, which range from short office memos to trial and appellate briefs, students master sophisticated research skills, complex analysis, careful construction of legal arguments, and the special requirements of legal prose. The intertwined research and writing tasks additionally enhance the retention of research skills and promote more effective research strategies.

The Legal Analysis, Research and Writing Program is also distinguished by its use of writing faculty with substantial past law practice who have moved into the teaching of writing as their primary professional commitment and research faculty who are part of the Law School's professional reference librarians, all of whom are also lawyers. Duke was one of the first top-tier law schools to employ writing faculty whose first professional commitment is teaching; at a number of other top-tier schools, these courses are still taught by upperclass law students, recent law graduates, or practitioners who serve as adjunct professors. The blend of academic strength and first-rate practical experience in the Duke Law Program results in a rigorous and richly rewarding experience.

Upper-Level, Advanced Legal Writing Courses

Duke Law School's upper-level advanced legal writing courses provide students with opportunities to hone further the legal writing skills taught in the first year. These courses are geared to specific subject-matter or legal writing settings, taught by the writing faculty in small seminars, and include substantial feedback to students on their written products. Some of these courses also involve continued instruction in legal research.

Contract Drafting

Prof. Diane Dimond has taught this course which teaches basic practical skills in contract drafting through written drafting exercises. While the skills taught are basic, they are readily translatable to more sophisticated contracts, such as those that Duke Law students can expect to see and draft in practice. » more info

Legal Writing In Civil Practice

This course helps prepare students for the rigors of legal analysis and writing in general civil practice by providing a variety of writing experiences including opinion and demand letters, pleadings, motions, and trial briefs. It culminates in oral arguments on motions before members of the bench and bar. » more info

This two-credit course introduces the components of contracts, a formal vocabulary for discussing them, and the skill of translating business deals to the page. Contract Drafting features writing exercises that will be done both in and outside of class. In addition, extensive peer and instructor editing will be used. While the skills taught will be basic, they will also apply to more sophisticated contracts, including those that Duke Law students can expect to see and draft in practice. While this writing-intensive course fulfills the upper-level professional skills requirement, because performing significant independent legal research is not a part of it, it does not fulfill the substantial research and writing project requirement. » more info

Writing: Drafting Legislation

Professor William Blais teaches this course in which students will follow a topic of their own interest and produce a substantive proposal for legislation, along with supporting research and technical reports. The course will appeal to students who are interested in public policy, public interest law, or advocacy through the legislative process. The class will emphasize the development of writing skills that enable the execution of policies through the creation of rules, procedures, duties, rights, and sanctions. In addition to substantive writing, the students will participate in interactive oral defense and advocacy of their proposed legislation. » more info

Writing: Federal Litigation

Professor Allison Kort teaches this advanced writing course, which helps prepare students for the writing challenges specific to litigating large federal cases. Students will be required to complete various writing assignments surrounding one hypothetical federal problem, including a client letter; a complaint or answer, a discovery request, and a motion for summary judgment. Coursework will involve research, preparation of initial drafts and final revisions of documents, instructor feedback, and peer review of written materials. The course will culminate in oral argument on cross-motions for summary judgment. » more info

Scholarly Writing Workshop

In this course, students will produce an original analytic paper of substantial length. Papers must involve significant and thorough independent research, be well-written, and provide appropriate sourcing. Participants are free to choose any topic that may be addressed seriously in an article-length piece and that may be written during one semester. » more info

Judicial Writing

This two-credit course is intended to appeal to any student who is interested in or who’s already been hired for a judicial clerkship. The course offers each student the opportunity to focus on and assess the writing style practiced by the judge for whom each will be clerking (or another whose opinions she or he admires). In addition, the students will practice forms of legal writing that they, as clerks, will be drafting for their judges—a bench memorandum, a majority opinion, and a concurrence or dissent. The focus here is on organized, clear, effective formal writing, which is the focal point of both. » more info

This course is an introduction to several different types of persuasive writing used in federal litigation. The simulated writing exercises will focus on one hypothetical matter involving federal law. » more info

Mediation Advocacy

In this advanced experiential seminar, students explore the fundamentals of mediation theory and practice from the perspective of the mediator, the attorney, and the client.  Students have the opportunity to practice persuasive writing as they draft pre-mediation statements, and will learn the essential elements of drafting agreements memorializing your settlements.  By engaging in all phases of the mediation process, students not only improve their social and emotional competence, they will develop skills that will be useful in client interviewing and counseling, fact development and legal analysis, and a variety of other contexts beyond mediation.  » more info

Legal Writing: Craft & Style

This is a two-credit boot camp for 2Ls and 3Ls who want to work towards acquiring professional-level writing and editing skills. Through weekly writing projects, students will master the line-editing techniques for creating optimal sentences and paragraphs. Through intensive study, practice, and an exit exam, students will master the essentials of grammar, usage, and copyediting expected of professional writers. Finally, each student will deploy these skills by creating two pieces of original writing commonly expected of young lawyers: a client letter and a client update on a development in the law. Throughout the course, students will have individual support and feedback for their work.  » more info

Federal Indigent Defense in Practice

This skills-based simulation course focuses on writing as an advocate for the accused and developing foundational practical skills and substantive legal knowledge needed to prepare a strong defense. The course focuses on the real cases of several indigent defendants convicted of federal crimes and is structured around preparing a direct appeal from the viewpoint of a solo practicing attorney appointed at the direct appeal stage. Each student will work on preparing one defendant’s case throughout the semester.   » more info

Legal Writing for Non-Legal Audiences

Not all legal communications are directed at judges and lawyers.  This advanced seminar focuses on communicating legal ideas to non-legal audiences with different goals, values, and knowledge bases.  Students will explore how to counsel clients, engage with industry, manage media relations, and leverage platforms such as social media to communicate legal concepts in a broadly understandable manner.  The course combines communication theory with practical workshops, role-playing exercises, guest speakers, and case studies.  By the end of the course, students should feel equipped with the comprehensive communication toolkit needed for a modern, dynamic legal practice.  » more info

Student Scholarship Workshop

This workshop provides students the opportunity to share their scholarship with other students. Students present their writings and receive feedback from peers and guidance from faculty advisors. » more info

Legal Writing for LLM Students

Legal analysis, research, and writing for international students.

Duke Law School recognizes that LLM students will be writing or analyzing documents in English for US lawyers and clients during their careers. It, therefore, requires as part of the LLM curriculum a one-semester legal analysis, research, and writing course. The course trains LLM students in the process of legal analysis, reasoning, and essential legal research tools and methodologies in American law. The course teaches students to prepare written documents in the style and format appropriate for the audience and purpose, with an emphasis on objective analysis and writing. Lawyers cannot provide effective representation unless they master the necessary research skills. To that end, the legal research component of the course introduces LLM students to core tools and methodologies that will be essential to working with US law.

The course challenges LLM students to write in the direct, succinct style preferred by US lawyers and business people. Students improve their written English through numerous opportunities to review and revise their work. Taught in small sections by faculty who have practiced law and have extensive experience with international lawyers, the course prepares international LLM students not only for law school exams, but more broadly for a transnational career.

Advanced Legal Writing Workshop for LLM Students

In their second semester, LLM students may attend the Advanced Legal Writing Workshop for LLM Students. The Workshop provides international students a closer examination of advanced topics in legal writing. Topics of the Workshop include the fundamentals of contract drafting, preparing briefs, expectations of persuasive writing, an overview of legislative drafting, as well as extensive advanced editing techniques. The Workshop also fortifies understanding of subjects taught during the fall writing course, such as rule extraction and rule synthesis.

Summer Institute for Law, Language and Culture

The Summer Institute for Law, Language and Culture is a four-week intensive course introducing students to legal English, the U.S. legal system, and the law school experience. Through small-group class interaction, encounters with lawyers, judges, and teachers, visits to courtrooms and law firms, and interaction with popular media, students will learn to read and produce good legal writing, to study and understand U.S. law, and to make the best possible use of their U.S. law school experiences. Because the study of law is a language-intensive task, SILLC is designed to increase proficiency in reading and hearing English, to develop confidence and skill in speaking and writing, and to facilitate personal adjustment to the culture of U.S. legal education. Small class size and individual attention from the instructors give students a concentrated and tailored teaching experience. » more info

In this section

• Legal Writing Resources
• Student Scholarship
• Bar Application

Legal Writing Faculty and Courses

• Director of Legal Writing Jeremy Mullem
• Assistant Director of Legal Writing Rebecca Rich
• Required First Year Writing Course Sarah Baker , Ryan Christian,  Kendall Gray,   Melissa Hanson,   Catherine Lawson ,  Jeremy Mullem , Greg Pawlowski ,  Rebecca Rich , Casey Thomson
• Legal Analysis, Research and Writing for International Students Leslie Griffith ,  Rima Idzelis , Phyllis Lile-King , James Stuart
• Legal Writing in Civil Practice Catherine Lawson ,  Greg Pawlowski
• Contract Drafting Jeremy Mullem , Sarah Baker ,  Sarah Powell ,  Rebecca Rich
• Scholarly Writing Workshop Jeremy Mullem , Rebecca Rich ,  Sarah Baker
• Judicial Writing Melissa Hanson
• Legal Writing: Craft & Style Kendall Gray
• Writing: Federal Litigation Sarah Baker , Melissa Hanson
• Mediation Advocacy Casey Thomson
• Federal Indigent Defense in Practice Sarah Powell
• Legal Writing for Non-Legal Audiences Catherine Lawson
• Advanced Legal Writing Workshop for LLM students Rima Idzelis
• Summer Institute for Law, Language and Culture Marily Nixon ,  Melissa Hanson

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“If you really do write well, you win more cases. It's that simple.”  Federal Judge William Dwyer

Legal writing is unlike any writing law students have done before. To write effectively in the law, students must analyze complex questions, research in new ways, synthesize rules from multiple sources, apply those rules to novel facts, and express those ideas with simplicity and precision. And that’s just in the first semester! Students later learn to craft persuasive arguments, adapt their writing to different contexts and audiences, and advance their position through oral arguments. 

In the legal writing program, our goal is to prepare students to practice law. Many students find legal writing to be among their most challenging and rewarding classes, because students assume the role of practicing attorney from day one. Visit the pages below to learn more about our approach. 

The Program

1L students gain intensive legal research and writing experience in their first year at UW Law School, while upper-level students build on that foundation with advanced courses.

Learn more about the program »

Keep your legal research and writing skills sharp by entering writing competitions and digging into our rich collection of resources. 

Explore our legal writing resources & activities »

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Teaching & Learning

Legal writing in focus.

As a lawyer, teacher, and director for the past 14 years of Harvard Law School’s First-Year Legal Research and Writing Program, Susannah Barton Tobin ’04 sees a lot of legal writing, some good, some less good. But she doesn’t entirely agree with the framing of a recent article in The Economist titled, “Why legal writing is so awful,” discussing a study published in the Proceedings of the National Academy of Sciences in which the authors blamed the continuing use of “arcane” and “archaic” legal lingo, in part, on what they perceived as lawyers’ tendency to imitate their predecessors’ poor prose.  

Armed with two degrees in classics, a J.D. from Harvard Law, and years of writing and teaching experience, Tobin recently spoke to Harvard Law Today about the study and offered a few tips for new law students, long-time legal practitioners, and aspiring writers of all stripes. Above all, she says, before you open your laptop or pick up your pen, know your audience and what you are trying to achieve.

Harvard Law Today: Is legal writing as bad as The Economist and the study argue, or does it get a bad rap?

Susannah Barton Tobin: Legal writing has had a bad rap for as long as I can remember being involved in it, as a reader, as a student, and as a practitioner. But as a teacher, I think legal writing is writing. There’s good writing, and there’s bad writing, and there’s middling writing. And what we’re trying to do when we teach students how to write is to help them communicate as effectively as possible with the audience they’re trying to reach and with the particular purpose they have in mind.

I agree with the hypothesis that there’s path dependency bound up in legal writing, and particularly in the United States, where our common law tradition makes us want to stick with what has worked. But a simpler reason why some legal writing is bad is the same reason why some non-legal writing is bad: Writing well takes a lot of time and patience, particularly when you’re trying to explain complicated ideas, which lawyers almost always are trying to do.

HLT: Does it matter if legal writing is good writing ?

Tobin: I teach legal writing, so of course I think it matters. It is advantageous for students and young attorneys to be known as good legal writers. Being able to explain what the law says and how it works in a clear and honest way is an essential skill to being a good lawyer and a good citizen in the democracy. From a professional perspective, you advance further, faster if you’re known to be a reliably strong legal writer.

HLT: Where do you see bad legal writing the most?

Tobin: The two categories the study emphasized were contracts and statutory language. And it makes sense why those would be where you would start. They’re both notably long and complicated. A lot of cooks are involved, particularly with legislation, where you have lawmakers and lobbyists and all kinds of feedback and last-minute changes. There’s a great quote from [former U.S. Senator from Wisconsin] Russ Feingold ’79, after he was the only senator to vote against the Patriot Act. When they asked him why he had voted no, he said “Because I read it.” That was a particularly political point. But it speaks to the fact that nobody’s able to sit down and read these legislative documents start to finish. Is Congress trying to create something that people are going to read and be able to understand? I’m not sure that’s really what is happening anymore with legislation. So, is that a feature or a bug? It may be a feature for the people trying to pass the law, but it’s a huge bug for people who are trying to figure out what’s going on.

HLT: Where do you see the best legal writing?

Tobin: Brief writing, particularly at the highest levels of the federal courts, is where you see some of the best writing, partially because the stakes of the disputes are so high and so publicly salient. When my students are looking for good legal writing, I encourage them to read briefs that are coming out of the Office of the Solicitor General, briefs that are coming out of nonprofits and firms that practice regularly before the Supreme Court.

HLT: So, it sounds like a lot of this comes down to, as most writing does, a question of audience?

Tobin: I think that’s exactly right. And that’s why I’m not a big fan of the idea that legal writing is a totally separate animal from any other writing. If you haven’t thought about your audience, then why are you doing the writing? A former editorial writer for The New York Times, Verlyn Klinkenborg, wrote this really helpful book called “Several Short Sentences About Writing.” And he’s got this particularly memorable point about composing a sentence: Once you write a sentence, it’s an orphan that you send out into the world and you can’t accompany it to help explain it, or to say “This is what I meant. You didn’t understand what I meant. But here’s what I meant.” And that’s the conversation I regularly have with students.

HLT: Has the amount of writing that practicing lawyers do changed over time?

Tobin: That’s an empirical question. I had a conversation with a judge I clerked for in the early 2000s, who wondered why opinions were getting so long: “Why can’t we write an Oliver Wendell Holmes, Jr. style short opinion?” Part of it is the common law tradition, in which we’re always accumulating more precedent, more statutory language, new sources, and more context for any dispute that arises. If you want to be thorough, you have to trace that evolution. So perhaps there’s more writing being done. On the other hand, lawyers are writing shorter pieces, maybe less formal contributions, than they did 30 or 40 years ago. What used to be a formal memo might now be a quick email with bullets outlining the most important points. So, I’m not sure that there is more or less writing being done, but the form of it and the speed with which it’s being requested may be changing.

HLT: Does the law still need to use Latin, which is a dead language, other than in the Vatican? Or does it just serve as a barrier to entry for non-Latin speakers?

Tobin: This is a fraught topic for me because I was fortunate to study Latin at the Vatican with the papal Latin secretary, the late Father Reginald Foster. So, I’ll have to fight the premise that Latin is bad as an absolute matter. Good writing often comes from a deep understanding of etymology, which comes in large part from a deep understanding of the Latin origins of English and of Latin rhetoric. We have learned a great deal, for example, from Cicero’s powerfully persuasive writing, including his legal arguments, or from the sharp clarity of Seneca. Of course, Latin is not the only influence on English language and law.

One of my favorite quotes on writing is from George Orwell’s “Politics and the English Language”: ”What is above all needed is to let the meaning choose the word and not the other way about.” One of the reasons writing takes time is that word choice matters. It’s good advice to remind students not to use $10 words when a 50-cent word will do. I don’t want my students going out of their way to use a polysyllabic word to show that they are smart. I know that they are smart. But I think the advice also runs the risk of proving too much, because English is a phenomenally rich language, influenced by Latin and other languages. And some words thought to be synonyms don’t mean exactly the same thing as other words. So sometimes, if you’re looking for a synonym, or you’re trying to be simple and direct, you can run the risk of losing nuance, and you run the risk of losing precision. And — maybe this is going too far — losing the chance for poetry in your writing, if you keep the vocabulary too narrow. And so, I guess I would have a plea for a middle ground, as Orwell suggests — choose the right word for the meaning you want.

But I also think Latin is used less today than it used to be in legal writing. Some Latin terms of art are, from our common law tradition, embedded in the law. Our students need to know what those words mean, so they can appreciate the meaning of a judicial opinion or the way a statute is constructed. But if you’re going to use Latin, you need to explain what it means. You don’t use it just as a bomb that you throw in the middle of a sentence to impress people or confuse readers.

So, should we be using Latin to gatekeep, to make it harder for people to understand? Absolutely not. But should we get rid of it entirely? Also no.

HLT: Do you have any legal writing tips for new students, upper-level students, or even practicing lawyers?

Tobin: My best advice for good writing is to read good writing. And so, even though they have many, many pages of required reading for class, I recommend to my students that they also keep reading narrative nonfiction, like articles in The New Yorker, because it’s like listening to music. If you have good rhythmic sentences in your head, if you hear the way someone puts together varied lengths of sentences and uses transitions well, and explains complicated concepts well, that sound will stay with you. I don’t know that I’ve convinced everybody to carry Ta-Nehisi Coates, Joan Didion, John McPhee, or Toni Morrison (not just her novels but essays) around with them, but I wish they would. I will give a shout-out to Chief Justice John Roberts ‘79 and Justice Elena Kagan ‘86, two of the best practitioners of legal writing.  Their sentence-level writing is superb. Bryan Garner’s “ Legal Writing in Plain English ,” Third Edition is a particularly helpful guide. And if you’re having trouble figuring out what’s good legal writing, ask your faculty what they recommend.

HLT: So, improve your writing by reading good writing. Any other tips?

Barton Tobin: Justice Kagan likes to say that good writing is hard. It takes a lot of time. It takes multiple drafts. I think that advice can be frustrating to hear when time is limited. But it’s profoundly true. Certainly, when you’re learning a new genre, your work is not going to come out perfectly the first time. But sadly, or perhaps encouragingly, as a practitioner of legal writing, you’re never going to be done practicing. You’re always going to be working to get better. And so, we do drafts and revisions, and we receive feedback, from peers and from instructors. On the peer editing point, sometimes my students will say to me, “Well, we’re not lawyers yet. So how can we possibly give good advice to our peers about their drafts?” I say, “But you are readers, and you know how to respond to something if it doesn’t make sense. And the fact that it doesn’t make sense, actually isn’t your problem. It’s the writer’s problem. It’s not that you’re confused, but that the writing is confusing.” And so, being able to give constructive feedback, and to feel justified in giving that feedback, I think helps you become a good reader of your own prose and a good editor. You’re ultimately your own editor. At the end of the day, you’re responsible for what you submit. Whatever feedback you get, you’re developing the skill of incorporating multiple suggestions and making judgments about which changes you’re going to accept.

Finally, as a lawyer, and particularly as a litigator, you are a professional writer. And there is pleasure to be taken in crafting prose that is powerful and persuasive. As busy as lawyers are, the benefits of taking care with your words is professionally and psychologically huge. And so, I hope people remember that truth.

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• KeyCite to validate your findings and expand research.

Intermediate Certification

Amplify your research skills with Westlaw tools that will help you work more efficiently and competently:

• Learn how to search using the Key Number System
• Use KeyCite tools like the red-striped flag, Cited With technology, and advanced Citing References
• Leverage statutory research tools like Notes of Decisions, Context & Analysis, and Graphical History
• Find sources and get up to speed quickly with the Secondary Resource Index and Practical Law
• Take advantage of Outline Builder and Quick Check to link your research to your writing assignments.

Advanced Certification

There is always something new to discover and master when it comes to Westlaw:

• Learn how to quickly run precise searches using terms & connectors and field searches
• Delve into Westlaw's legislative history tools to find and use regulations.
• Uncover new developments in the law and quickly understand the procedural posture of a case.
• Utilize Folder Analysis to discover missed issues and Graphical History to retrace your steps
• Access court documents for useful insights on drafting, and explore legal forms for examples.

Legal Research & Writing Certification

An introduction to legal research & writing, the core skills for all future attorneys.

• Learn the basics of legal research & writing and how they are practiced by students and attorneys
• Explore the various types of legal analysis frameworks and writing styles
• Understand the core components of case briefs and the briefing process
• Recognize the need for properly formatted legal citations
• Discover how to effectively research and draft a legal memorandum

Foundations of Legal Research Certification

Understand the legal system and how to put a research plan into action.

• An overview of the legal system, precedent and types of authority
• Build effective research plans
• Identify gaps in legal knowledge and overcome them
• Construct legal arguments utilizing different types of legal authority

Transactional Certification

An introduction transactional practice for all future attorneys.

• Transactional drafting principles, document types, and the role of negotiation in deals.
• Key transactional vocabulary, due diligence, and the importance of precedent documents.
• Utilizing technology like Westlaw for research, drafting, and ensuring compliance.
• The lifecycle of transactional documents from pre-drafting to finalization and execution.
• Crafting complex clauses, avoiding common pitfalls, and adhering to ethical standards.

Litigation Research Certification

An overview of trial pratice and research techniques for all future attorneys.

• Gain trial preparation skills, including strategy and evidence presentation techniques.
• Understand jury selection and the importance of voir dire processes.
• Learn to draft and argue motions, and understand trial objections.
• Comprehend appellate court structures and standards for reviewing trial court decisions.
• Master appellate brief writing, including research and argument construction.

Prepare to Practice Certification

Preparing to practice goes beyond legal research.

• Understand the business of law, and the role research plays
• Utilize different methods of billing and tracking time
• Employ practice tools to avoid conflicts and missed deadlines
• Research both time-efficiently and cost-effectively

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Fuel Your Research with Key Numbers - Bonus Entries

Need some inspiration check out these key numbers by using the digest searches below., find your rhythm with black's law dictionary - bonus entries, need some inspiration check out these legal terms by using the the links below., westlaw's "no skips" tips playlist, real property, civil procedure, criminal law, constitutional law, show westlaw some love.

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Statutes on Westlaw - Bonus Entries

Need some inspiration check out the statutes below., key numbers on westlaw - bonus entries, searching on westlaw - bonus entries, need some search inspiration for your entries check out the sample searches below.

Because neurodivergent people often need visual prompts or sensory tools, it is helpful to figure out what works best for you. Maybe you need a quiet fidget to use under your desk in class to help you focus. Maybe you need to incorporate the use of timers throughout your day. If you struggle with time blindness, you can use hourglasses to help you visualize time. Perhaps you struggle with extraneous sounds and need to use noise-cancelling headphones. More and more tools and gadgets are being made for neurodiverse individuals that can help you throughout law school.

Society can dictate when you are supposed to be most productive. See the traditional 9-5 work schedule. However, that model does not always work best for neurodiverse individuals. Some people are not morning people, and that is fine. Figure out when you have the most energy during your day to be your most productive self.

Find one system to use for organization and don’t change it. Trying too many organizational systems can become overwhelming. If your phone calendar works best, use that. If you are a list person, write all the lists. If you are a planner person, find the coolest one to use throughout the school year.

It would be nice to think that you can remember every task or deadline, but let’s be honest, that’s probably not true. Write down every deadline, every task, meeting, assignment, important date, etc. in the organizational system that you use.

Just like you can only put so much gasoline in a car, most neurodiverse individuals only have so much room in their focus tank. Figure out how long you can truly focus and apply yourself to a task before you need a break. That amount of time is typically shorter for neurodiverse individuals. If you can only truly focus for 20 minutes, study for 20 minutes, take a break, and then come back for another 20 minutes.

You may have started law school with your mind full of horror stories. Throw them out the window. Most of the people you attend law school with are genuinely kind and helpful people. Try to find a group or a couple of people that you can trust and lean on when necessary. Your law school friends can help you stay on task, body double, and even provide notes on the days you may be struggling. These friends can be one of your greatest assets throughout your law school journey.

Only discuss your neurodivergence with your professors to the extent that you are comfortable. If there are things you are concerned about related to your neurodivergence, it can be beneficial to make your professors aware at the beginning of the semester. Whether you are worried about cold calling or need a topic broken down, most professors love opportunities to discuss their area of law! They can’t know that you may need help if you don’t let them know. This is especially important if you aren’t successful in getting accommodations from your school’s Disability Services.

As a neurodivergent student, you may not fit the traditional mold of all the things a law student is “supposed to do” in order to be successful. You have been in school for years, and now is the time to trust yourself and not be afraid to be an “outside of the box” law student. There is no harm in trying new study methods, but never fear going back to your personal basics. If you need help figuring those out, see if your law school has a learning center or faculty member that can assist you.

Outlining with jury instructions.

• On your Westlaw Precision home screen, click on Secondary Sources and then Jury Instructions .
• On the Jury Instructions page, use the Jurisdiction filter to select your desired jurisdiction.
• Search for your cause of action. (Ex. elements of libel in Federal Jury Practice & Instructions )
• Open your relevant jury instruction and don't forget to check the related notes.
• To see more instructions, check out the table of contents to your left or click on View Full TOC.

Citation in a Click

• Highlight the text you want to copy. Try it out with Miranda v. Arizona
• Select "Copy with Reference" from the pop-up box.
• Paste into your word document...and you're done!

Black's Law Dictionary

Don't guess the meaning of a legal term. know it., by using black’s law dictionary, exclusively on westlaw , you’ll know the meanings of key terms that will help you understand your cases faster, be prepared for cold-calls and beef up your class notes. 1. access black's law dictionary on westlaw., 2. type your term into the dictionary term box. (ex. demurrer ) if your term contains multiple words, place the terms in quotes. (ex. "rule against perpetuities" ), 3. open up your desired term, copy it and paste it into your notes., looking for some inspiration here are a few legal terms to get you started contracts - collateral estoppel - consequential damages civil procedure - minimum contacts - in personam jurisdiction torts - negligence - invasion of privacy criminal law - mayhem - wobbler, where can i learn more about a firm so i can ask good questions in an interview, news is an excellent source for learning about a firm. you’ll see the clients and matters they represent along with the accolades they earned from their communities. 1. click on news under “specialty areas” on your westlaw edge home screen., 2. start by trying a plain language search for your firm. (ex. gibson dunn crutcher ), 3. to up your search game, consider running a terms & connectors search with an index field. (ex. gibson /2 dunn /s crutcher & in(law lawsuit legal) ), start writing your brief without starting from scratch, what is a brief, a brief is a summary of a case in your own words that includes the key facts, procedural history, issues addressed, along with the court's holdings. how can i find a case on westlaw, cases on westlaw contain a synopsis, a summary of the main facts, issues and holdings of a case, and headnotes, summaries of points of law organizes by topic. you can locate cases on westlaw in a variety of ways. find by citation: if you know your case's citation, just type one of the citations in the search box. (ex. 113 sct 2217 ), find by party name: if you know the names of your parties, just start typing them in the search box and select corresponding case from the drop-down menu. (ex. international shoe).

Note: If your case has common party names, you may need to enter more than one party.

Download your synopsis and headnotes: once you've pulled up your case, click on download under delivery options, select brief it under what to deliver and click on download..

The right search terms can make a difference. Here is an easy way to come up with smart search terms.

Rules, Codes & Restatements

Exporting tables of contents, exporting a table of contents is an easy way to get access to a list of rules, codes or restatements that you can reference on the fly and add to your outlines, as needed. locate your rules, codes or restatement: to export a toc (table of contents), you'll first want to locate your resource. restatement of torts restatement of contracts restatement of property federal rules of civil procedure ucc article 2 federal rules of evidence united states constitution, export your toc: click on download, select outline of current view under what to deliver and then click on download..

Strengthen Your Interview Discussions with News

• Search for a particular firm, attorney, or agency. (Ex. Kirkland and Ellis or Fourth Circuit )
• Or select a specific practice area (Ex. Mergers & Acquisitions )

American Law Reports

Your go-to secondary source, finding an a.l.r. (american law reports) article covering your topic is a great starting point for research. you'll get a quick summary of the legal issue you're researching and a table of cases, laws, and rules to see the law across all jurisdictions. you can also use annotations to find additional secondary sources, such as legal encyclopedias, treatises, and periodicals. no wonder they're nicknamed already done legal research see it in action: the legal discussion to compensate student athletes is heating up. check out this alr article to see how the legal picture for tomorrow’s student athletes comes together in one place., keycite graphical history, procedural history made easy, are you reading a case and not sure how you got there procedurally reversed, remanded or otherwise, we got you. just sign into westlaw and follow the steps below... 1. grab one of the citations you see in your case book and type it into the search box on westlaw . (ex. 480 u.s. 102), 2. click on your case in the drop-down menu., 3. click on the history tab to see your procedural history., keycite graphical history works best when you have a federal case and a complex issue. check out some additional examples from your classes below. contracts - koken v. black & veatch const., inc. - lamps plus, inc. v. varela civil procedure - national equipment rental v. szukhent - helicopteros nacionales de colombia, s.a. v. hall torts - palsgraf v. long island r. co. - kentucky fried chicken of cal., inc. v. superior court, law school resource center, flowcharts, overviews & more..

Step 1 - Create a New Class

Step 3 - invite your students, step 2 - assign lessons.

About this event

Love Your Lawyer Day

All the rules you need for class in one place.

Understand the procedural history of your case..

Don't guess the meaning of a term. Know it.

Copy the Code Below

You'll use this code to make a copy of the sample course.

Click on Copy Another Class

Go to the Knowledge Center and click on the Copy Another Class button.

Enter Your Copy Code

Enter your copy code in the Enter Class Copy Code box and click the Validate button.

4. Set Your Options

Change your course title, set your course dates and set your copy option to Assignments Only.

5. Click Copy Course

Click on Copy Course and you're all set to share your course with students.

1. Copy the Code Below

2. click on copy another class, 3. enter your copy code, set your options, click copy course, determining whether a federal court has subject matter jurisdiction over a non-class action case..

If the case arises out of the U.S. Constitution, U.S. laws, rules or regulations, or a treaty signed by the U.S., and the federal courts have exclusive jurisdiction, then the case must be litigated in federal court.

If the case does not arise out of the U.S. Constitution, U.S. laws, rules or regulations, or a treaty signed by the U.S., and there is not complete diversity between the plaintiffs and defendants (a.k.a they are both from different states or one is a citizen of a foreign country), then the case must be litigated in state court.

Restatement of Contracts 2d

Counter-offers.

(1) A counter-offer is an offer made by an offeree to his offeror relating to the same matter as the original offer and proposing a substituted bargain differing from that proposed by the original offer.

(2) An offeree’s power of acceptance is terminated by his making of a counter-offer, unless the offeror has manifested a contrary intention or unless the counter-offer manifests a contrary intention of the offeree.

Negligence Defined

Restatement (second) of torts 282.

In the Restatement of this Subject, negligence is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm. It does not include conduct recklessly disregardful of an interest of others.

Black’s Law Dictionary (10th ed.2014)

Demurrer: A means of objecting to the sufficiency in law of a pleading by admitting the actual allegations made by disputing that they frame an adequate claim. Demurrer is commonly known as a motion to dismiss.

(2) An offeree’s power of acceptance is terminated by his making a counter-off, unless the offeror has manifested a contrary intention or unless the counter-offer manifests a contrary intention of the offeree.

testing footnote

What is common law and is it written by the courts of law?

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Negligence defined

Restatement (second) of torts § 282.

Become a Member

The Teaching Bank is an online resource center. It includes writing problems and exercises, syllabi, grading rubrics, teaching ideas, and other materials. Access to the Teaching Bank is professional teachers of legal writing.

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LWI has nearly 3,000 members. Members represent all ABA-accredited law schools in the United States as well as law schools in other countries. LWI members also come from undergraduate schools and universities, the practicing bar and the judiciary, and independent research-and-consulting organizations. Anyone who is interested in legal writing or the teaching of legal writing may join LWI.

Become an LWI Member:

Apply for our Teaching Bank Membership:

2023-24 Joint ALWD/LWI Survey

The report on the Individual Phase of the 2023-24 Joint ALWD/LWI Survey results is now available! Thank you to all members of the community who responded, and special thanks to the Joint Survey Committee, led by LWI co-chair Ted Becker and ALD co-chair Marci Rosenthal. You can find that report, along with reports on all past Individual and Institutional Phases of the Survey, at the link below. 

• Access the Report

Congrats to Heather Hall!

The LWI Board wishes to congratulate Heather Hall for being selected as our new LEAP Board Member! Given her unique background as a non-traditional law student and faculty member, Heather will provide a fresh voice on the Board. Heather will serve a two-year term commencing with the LWI Biennial

• Faculty Profile

Teresa G. Phelps Award

The Board of Directors of the Legal Writing Institute is delighted to announce that Susan McMahon is the recipient  of the 2024 Teresa Godwin Phelps Award for Scholarship in Legal Communication.

Mary Lawrence Award

The Board of Directors of the Legal Writing Institute (LWI) is elated to announce Helene Shapo as the recipient of the 2024 Mary Lawrence Award. Professor Shapo is Professor of Law Emerita at Northwestern Pritzker School of Law.

Sirico Scholars’ Workshop

The Governing Board of the Sirico Scholars’ Workshop is pleased to announce the 2024 Sirico Scholars’ Workshop in Indianapolis, July 13-16, 2024.   More details will be coming soon.

• Read the details here.

Influential Teaching Award

The Board of Directors of the Legal Writing Institute is thrilled to announce that Professor Joan M. Rocklin is the recipient of the 2024 Influential Teaching Award.

Courage Award

The Board of Directors of the Legal Writing Institute (LWI) announces with enthusiasm that Professors Mary Bowman and Bob Brain are the recipients of the 2024 Courage Award.

10th Biennial Applied Legal Storytelling Conference

Mark your calendars now and stay tuned for more details on registration, accommodations, and programming. We look forward to seeing you in Ann Arbor!

• Conference Details

Emerging Scholar Award

The Board of Directors of the Legal Writing Institute (LWI) is delighted to announce that Professor Michael Blasie is the recipient of the 2024 Emerging Scholar Award. The Board created this award in 2019 to help foster a new generation of scholars in our field. The award is limited to a professor’s first or second full-length, published article on legal writing or pedagogy.

Golden Pen Award

The Board of Directors of the Legal Writing Institute is pleased to announce that Joseph Kimble is the recipient of the 2024 Golden Pen Award.

Become a General Member: Anyone who is interested in legal writing or the teaching of legal writing may subscribe to LWI's email distribution list. To learn more about LWI's publications, resources, conferences, and workshops, become a general member.

The Legal Writing Institute (LWI) is a nonprofit organization dedicated to improving legal communication. We believe that effective legal communication is critical to the wellbeing of society, the judicial system, and the legal profession.

Providing Virtual Legal Writing Support to Law Students Beyond the Classroom

Alwd/lwi survey.

Each year, ALWD and LWI jointly sponsor a national survey of legal writing programs. The survey collects data on program design, curriculum, salary, workload, and status issues. Almost all law schools in the U.S. participate in these surveys.

• Publications Volume 36, No. 3
• Publications Vol. 36, No. 3

Save the Date!

10th Biennial Applied Legal Storytelling Conference University of Michigan Law School - Ann Arbor July 9-11, 2025

Join us for the 10th

16th Global Legal Skills Conference

The 16th Global Legal Skills Conference will be held June 4-6, 2024, and will be hosted by the University of Bari Aldo Moro in Bari

Meet the Board Event

Have you ever considered running for the LWI Board? If so, then please join LWI Board members via  Zoom on   Nov. 15 from 4-5pm

New England Legal Writing Conference

New england legal writing conference: the future of legal education is golden.

Suffolk University Law School is hosting a conference this fall on Thursday, November

• INNOVATION FESTIVAL
• Capital One

08-27-2024 NEWS

Hate reading contracts? MIT study explains the real reason legal documents are so hard to understand

New research from a team of cognitive scientists at MIT suggests that the confusing nature of legalese may serve a very specific purpose.

[Photos: Wildaanun/Adobe Stock, apinya/Adobe Stock, geargodz/Adobe Stock, Feng Yu/Adobe Stock]

BY  Joe Berkowitz 5 minute read

Legalese has been frustrating and intimidating anyone not in possession of a law degree since time immemorial. Marked by a cosmic gumbo of antiquated language, mind-numbing repetition, and dense blocks of clauses incepted into the middle of sentences, it’s a style of writing that shows up in almost no place other than the fine print. But why is the language in legal documents so consistently indigestible that many of us never fully read our own contracts? A new study from a team of cognitive scientists at MIT suggests that the confusing nature of legalese may serve a very specific purpose.

The first thing to know about legalese is that legal professionals tend not to be fans of it either. Sure enough, it was only after the MIT study’s lead author Eric Martinez earned a law degree at Harvard, spending years immersed in court filings, laws, deeds, and decrees, that he thought to focus on legalese as a topic. Since 2020, he has been researching this perplexing style of writing with Edward Gibson, an MIT professor who specializes in brain and cognitive sciences. In their most recent study into why legal documents are so often inscrutable, the team tested whether even nonlawyers would end up using legalese if asked to write legal documents.

The experiment tested out two theories: a) the “copy and edit” hypothesis, which posits that legal documents start off simply enough, until late-breaking info requires inserting lengthy definitions into the middle of sentences, creating what are called “center-embedded clauses,” and b) the “magic spell” hypothesis, which suggests that, much like the rhyming and pidgin Latin that are inherent to magic spells, people use legalese simply to broadcast a legal document’s “legal-ness.”

The researchers recruited 200 people without legal backgrounds to write laws prohibiting certain crimes, and also to later write stories about those laws. In order to also test the “copy and edit” hypothesis, half of those people were given additional context after writing their initial laws to test whether that would trigger more complex, center-embedded clauses. In the end, all subjects wrote their laws with complex, center-embedded clauses—which were absent from the stories they later wrote. The scientists concluded that convoluted legalese often acts as a way to convey authority.

Even lawyers hate legalese

Lead author Martinez isn’t the only legal professional turned off by this style of writing.

“Whenever pleadings start with ‘comes now,’ I sort of expect trumpets to herald whatever’s next,” says Jacqueline Schafer , former assistant attorney general in Alaska and Washington State, and founder of Clearbrief , a company that uses AI to make legal writing more efficient.

“The last time people spoke like this they were celebrating the first Thanksgiving,” says Vineet Dubey , cofounder and partner of Custodio & Dubey, the law firm that represents the L.A. Kings.

There is certainly reason to believe that at least part of the reason this style of writing still appears in legal documents is to convey authority. After all, what could feel more legally binding than a contract that’s impossible to decipher? Even some lawyers are willing to admit as much.

“What people most associate with the term ‘legalese’ is the belief that to be effective, legal language has to be complicated, containing terms like ‘thereto’ and all this other shit,” says Natela Shenon , a partner at Grant Shenon in Los Angeles. “That isn’t true, and it’s often overkill. Lawyers sometimes go overboard because they feel that they need to show that they’re worth their billable hours. They might believe that if the contract isn’t complicated enough, it somehow undermines their competency, or isn’t giving the client their money’s worth.”

Some might even weaponize legalese.

“There’s no doubt we live in a world where we’ve all been confronted with legal documents designed for intentional obfuscation,” Dubey says. “When it comes to user agreements or terms of use, where the company’s best interests are at heart, that’s when a wall of words may serve an intention to overwhelm or intimidate customers who might be unhappy, harmed, or wronged by the product or service. We’ve just seen Disney try to push this into uncharted territory .”

But very few lawyers would likely admit to deploying legalese strictly to sound authoritative, according to these experts. So, why do they all write that way?

It’s all in the fine print

One obvious reason is because legal documents cover complex concepts. The more complex an idea, the more specific and detailed lawyers have to be in their writing in order to capture all the nuances of that complexity and support it with correct terminology—not to mention relevant precedents and citations. The gold standard in court filings, according to Schaefer, is that every single sentence has a citation, either tied to the facts of the case or to a law it evokes. 

The explicit demand for all those citations, which can make the visual experience of ingesting a legal document pure hell, helps support the “copy and edit” hypothesis.

“It’s sort of a necessary evil, when you’re drafting something for a court,” Schaefer says. “Some lawyers do start out just telling the story of their case when writing a brief, but then they have to go back and find the factual citations for every single fact they mentioned.”

As for the language that seems intended to project authority, perhaps the reason it sounds so unnaturally antiquated is because law is a profession that is resistant to change. Some terms have remained untouched since the invention of English Common Law hundreds of years ago. On a micro level, lawyers often adhere to precedent at their own firm; on a macro level, they often adhere to broader legal precedents that have held true for decades and sometimes even centuries.

“The whole foundation of our legal system is this idea of precedent, where we are incorporating statements from old court opinions,” Schaefer says. “When most lawyers sit down to write, we’re often working off of precedent, so we see a lot of the same phrasing and terminology get repeated and reincorporated over the generations of legal writing.”

Legal documents are intricate, beholden to precedent, and require precise language that often feels wildly outdated and inexplicably flecked with Latin. Although the stodginess of legalese may feel annoyingly affected or aggressively opaque, it may just be evidence of a legal professional sticking to the script. The client’s eyes glaze over, but the job gets done.

Will legal documents ever read closer to the way regular people write stories, and not laws? Probably not, unless enough local courts update their documents’ requirements. Or unless  some force majeure event, including but not limited to acts of God, riots, war, fire, floods, accidents, strikes—you get the idea—reverts all legal writing precedent back to zero.

Apply to the Most Innovative Companies Awards and be recognized as an organization driving the world forward through innovation. Early-rate deadline: Friday, August 30.

ABOUT THE AUTHOR

Joe Berkowitz is an opinion columnist at Fast Company. His latest book, American Cheese: An Indulgent Odyssey Through the Artisan Cheese World , is available from Harper Perennial.   More

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Writing and Communication Program Enhances First-Year Curriculum

Posted August 26, 2024

Writing is getting a big boost in the introductory composition class taken by about one of every three Georgia Tech students.

ENGL 1101 — the first of the required two-course composition sequence for new Georgia Tech students — will now feature more research, idea synthesis, and revised writing than in previous years after a revamp by Writing and Communication Program in the School of Literature Media and Communication.

The changes will better prepare students for success in college and their careers, said Melissa Ianetta , Class of 1958 Professor in Communication and executive director of writing and communication.

“Georgia Tech students are brilliant and capable, and to lead effectively, they need strong communication skills, Ianetta said. “Our new more writing-focused approach in ENGL 1101 does two key things: it meets students where they are, helping them develop revision and composition strategies, and it ensures that they have the foundation needed to succeed in ENGL 1102 and beyond.”

ENGL 1102 is the second of two introductory composition courses offered by LMC. It is taken by nearly all Georgia Tech students and will continue to offer a broader approach to communication, emphasizing visual and multimedia communication in addition to writing.

Senior lecturer Rachel Dean-Ruzicka piloted the new curriculum last year.

“My students seemed to appreciate the distinct skills they take away from each class, and they’re more engaged with the research projects,” Dean-Ruzicka said.

Some of those projects included work on topics including women in Formula One racing, Japanese rock music culture, cultural appropriation in Dune , and mythological influences on the God of War videogame series, she said.

Andy Frazee , principal academic professional and director of writing and communication in LMC, said the revamped curriculum hones in on the persistently vital role of writing, in academia, business, and personal life.

“Writing also plays a vital role in developing critical thinking and clarity of thought, and the changes we’ve made emphasize writing as the basis for communication, which ultimately helps students in both their academic and professional lives,” he said.

In addition to the new curriculum for students, the Writing and Communication Program is also requiring instructors who teach ENGL 1101 an ENGL 1102 to take an additional postdoctoral seminar on teaching writing. Ianetta will lead the seminar.

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Students in a School of Literature, Media, and Communication class.

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