Legal Research and Writing
Attention to Detail
The importance of legal research cannot be overstated.
It's the foundation of any case and, many times, it's the difference between winning and losing. Having a robust legal research methodology not only helps organise a research process, but it also provides a systematic way to investigate and ultimately answer the significant questions of a case.
Knowing when to use primary sources, how to find secondary sources, and the methodological practices to make the data strengthen a case are critical tools for every advocate.
What is legal research?
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Legal research is the process of identifying, organising, and applying information that will help support legal arguments.
All legal research begins with an analysis of a particular problem (usually as part of a legal case), the current legal opinions and rulings on that issue, and ends with the process of seeing how that information overlaps with the particular matter.
However, legal research isn't merely about scouring dusty law books and online legal databases for relevant facts. These facts need to be connected to the case, and the argument must be built to highlight how and why this information matters.
Finally, the data must be structured and written in a way that highlights the sources and emphasises how they strengthen the case.
What types of sources are used in legal research?
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Legal research essentially involves finding and optimising two types of information: legal and non-legal sources. These sources are sometimes called "primary and secondary sources," and they are grouped as such based on the authority of the information.
Legal, or primary, sources typically centre around case law, official communications from legislative bodies, and any rulings from administrative agencies. These are considered primary because they come directly from the source, and as a result contain a high level of authority. The advantages of primary data are obvious: they tend to be unique and highly reliable. However, it can take time to research and find primary data properly.
A non-legal, or secondary, source can come from a variety of bodies and institutions. These include law journals and reviews, industry experts, scholars, and people with practical skills or experiences that will help shed light on the facts of a case. As a result, secondary sources are often easy to find and can save both time and money. However, the relevance of this data expires quickly.
Whether an advocate is doing case law research or using non-legal sources, the intent is the same. Legal research looks at the values behind a law (and a society), how the law is practically applied in that society, and how it can be applied to the particular case.
What types of data does legal research provide?
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Legal research can yield just about any type of data, depending on the specifics of the case. This data, for the most part, can be broken down into two types: qualitative and quantitative data.
With qualitative research, advocates attempt to gain an understanding of the reasons and opinions represented by the sources. Specifically, this can make use of things such as focus groups, individual interviews, and general observations made by witnesses and experts of a particular field. As a result, this data is generally subjective and is often used to form theories.
Quantitative research is used to quantify the problem by generating numerical data, which can be used as statistics to help understand the case and the argument better. This can include surveys, panels, and any other method that takes information from different sources in an attempt to understand it better. This data, which is objective by nature, allows researchers to test theories based on hard numbers.
How do you collect information in legal research?
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Collecting information from primary and secondary sources can take many forms. The specifics of each case will determine how to proceed.
In most cases, legal research will involve either physical copies of case law books or the use of an electronic legal database, which makes research and case construction efficient and allows advocates to argue on behalf of their clients with confidence.
Online services also give advocates access to a vast assortment of information and expertise that might not otherwise be available, especially for small law firms or solo practitioners. From case notes to access to advocate-editors who specialise in unique components of the law, electronic research platforms can give advocates a head start against their competition.
With secondary sources, advocates are still relegated to interpersonal methods of gathering information. This can include questionnaires, interviews, observation tactics, telephone or physical mailing communications, and surveys or case studies. These methods can bring both quantitative and qualitative data to research efforts, allowing a case to be built stronger and with more data.