Legal Research Strategies

Steven Thorpe

Researching Your Way to a Successful Summer

Legal Research Refresher Training

April 15, 2015

DUTY TO RESEARCH AND KNOW THE LAW

• Pennsylvania– COLLAS V. GARNICK, 624 A.2D 117

(PA. SUPER. 1993)

• The attorney must do the minimum amount of research required to allow the client to make an informed decision.

Legal Information Overload• The abundance of information causes a variety of problems for the legal researcher– After receiving hundreds of thousands of results,

some simply graze at the top of a results list, like they would do on Google, and miss relevant information

– The mass of information creates a fear that you are missing something, that case or statute that solves all problems

• Don’t jump right into Westlaw or Lexis searching for the first thing that comes to mind

• Take a few minutes to think through the research process

Your Research Plan

• Write down your research question• Planning may take a few minutes up front, but

will save you time and frustration in the long run

Your Research Plan• Articulate your research question– What is it that you are ultimately trying to find?• A case• A statute• Background material

– Stay focused on the research question• Don’t start chasing white rabbits (Hyperlinks can easily

distract you)• If there is more than one question, break each one

down

Research Question

• Brainstorm search terms– Having the right search terms is critical to

returning relevant results• Example; gun, firearm, pistol, handgun, weapon

– You never know which term a court or an index may use

• Decide which type of sources will be the most helpful in answering the question– Are you looking for background material, primary

sources…?

Practical Considerations• Ask questions when you get an assignment. If

any part of the question is unclear, an associate can give you important background information or a good source for a head start on research.

• Not sure if your on the right track or if you did the assignment correctly?– Ask someone else to look over your research, or– Take what you have found so far and discuss it with

your supervisor

Practical Considerations• Update!!Always make sure that you are looking at

good law. Online citators, paper pocket parts and pamphlets, must all be consulted before your research is complete.

Sample Research Strategies

• Legal Research Strategy Paul L. Boley Law Library at Lewis & Clark Law School

• The Art and Craft of Strategic Legal Research The Writing Center at Georgetown University Law Center

• UCLA School of Law Legal Research and Writing Guide

Practical ConsiderationsComprehensive authoritative government websites used to find free legal information:

Library of CongressCongress.gov

Federal Digital SystemFDsys.gov

United States CourtsUSCourts.gov

Zimmerman’s Research Guide

• Hosted by LexisNexis® Info Pro• An Online Encyclopedia for Legal Researchers

by Andrew Zimmerman• This research encyclopedia provides useful

information and/or links for legal research resources. The site is very easy to use, allowing researchers to search or browse for jurisdictions or topics. It can be a good starting point if you are unsure how to begin to research an area of law.

Official and Unofficial Publications

• Official publication has been mandated by statute or government rule. May be produced by the government.

• Unofficial (also known as commercial) versions are published more quickly and include a wide range of annotations, tables, and other research aids rarely found in official versions.

Boolean Searching• Terms and connectors vs. plain language– Terms and connectors are still used by a majority of

attorneys– Terms and connectors can help you in dealing with a

large amount of data and cut through clutter– Example: Plain language search for affirmative action

higher education in the Federal Courts database; Lexis Advance, 10,000+ WestlawNext, 474 casesterms and connectors search for "affirmative action" /p "higher education”; 99 cases in both Lexis Advance and WestlawNext

Organization

• Find a way to keep track of your research• Find a system that works for you and use it– Create a spreadsheet– Use a commercial product like Lexis’s CaseMap– Print out cases, highlight them or put notes on

them

• Anything that will help– you stay afloat!

Research Strategy

• When to stop–Repetition of citations (The wheel of

research)–Absence of new information–Arriving at an answer– Searching all available resources–Research cost exceeds its expected benefit

Take Your Library to Work

• Your Drexel log in credentials provides remote access to most of the electronic resources available on the entire Drexel campus. Visit our Electronic Databases to help you find law review articles and information on almost any legal topic. Several of these databases also have mobile applications (for example Hein Online) but IP authentication is required to access content.

Using Librarians (at your firm, Jenkins, or the LRC)

• Learn to trust the Librarian. She/He knows the resources, the firm culture, and other idiosyncrasies that can make for a successful summer. She/He can be your best friend.

• Talk to a librarian early and often, especially if you are struggling (within reason).

• Don’t be afraid to admit ignorance to librarians! They have more experience with this than you do.

LRC Reference DeskContact Information

• The Reference Librarians at the Legal Research Center are here to help you so feel free to call, 215-571-4771, email, or chat, for reference assistance. Consult with us for legal research strategies, secondary resources, and best website suggestions.