Paralegals are the backbone of many law firms, providing invaluable support to attorneys. A crucial skill for any successful paralegal is effective legal research. This guide will equip you with the knowledge and strategies to master this essential task.
Understanding the Fundamentals of Legal Research
Before diving into specific techniques, let's solidify the foundational knowledge. Legal research isn't just about finding information; it's about finding the right information and understanding its context. This involves:
Identifying the Key Issues
This is the most critical first step. Clearly defining the legal questions you need to answer is paramount. What specific laws are potentially relevant? What are the facts of the case? A precise understanding of the issue guides the entire research process.
Choosing the Right Resources
Knowing where to look is half the battle. Your research strategy should consider the type of legal question. For example, statutory research requires different approaches than case law research.
Understanding Legal Terminology and Citation
Legal language is precise and often dense. Familiarize yourself with common legal terms and the standard citation formats (like Bluebook or ALWD) used to refer to cases, statutes, and regulations. Mastering legal citation is crucial for credibility and avoiding errors.
Mastering Different Research Methods
Legal research involves a multifaceted approach. Let's explore the key methods:
1. Westlaw and LexisNexis: The Powerhouses of Legal Research
These are subscription-based online databases containing extensive collections of case law, statutes, regulations, and secondary sources. They offer powerful search tools and analytical features. Learning how to effectively utilize Boolean operators (AND, OR, NOT) is essential for efficient searching within these platforms. Practice crafting precise search queries to refine your results.
2. Harnessing the Power of Secondary Sources
Secondary sources, such as legal encyclopedias, treatises, and law review articles, provide valuable context and analysis of legal issues. They can help you understand complex concepts and identify relevant primary sources (cases and statutes). Resources like American Jurisprudence (Am Jur) and Corpus Juris Secundum (CJS) are invaluable.
3. Exploring Free Online Resources
While Westlaw and LexisNexis are invaluable, several free resources can significantly enhance your research capabilities. Government websites, such as those for federal and state legislatures, offer access to statutes and regulations. Using free resources strategically alongside paid databases can maximize efficiency.
4. Shepardizing and KeyCite: Ensuring the Validity of Your Research
Once you've found relevant cases, you need to verify their current status. Shepardizing (Westlaw) and KeyCite (LexisNexis) are tools that show whether a case has been overturned, reversed, or questioned by subsequent decisions. This step is crucial to ensure your research remains accurate and up-to-date. Always Shepardize or KeyCite your key cases to confirm their continued validity.
Developing Effective Research Strategies
Efficient legal research goes beyond just knowing the tools; it's about strategic planning.
1. Start with a Clear Research Plan
Outline your research goals, identify key terms, and list the resources you'll consult. This structured approach helps prevent getting lost in information overload.
2. Document Your Research Thoroughly
Maintain detailed records of your research process, including search terms, databases used, and the sources you consulted. This ensures accountability and facilitates easy reference later.
3. Practice Regularly
Like any skill, legal research improves with consistent practice. Regularly work on sample research problems to hone your abilities.
Advanced Research Techniques
As you become more experienced, you can explore more advanced techniques:
1. Using Headnotes and Summaries
Headnotes and summaries provide concise descriptions of cases and statutes, allowing you to quickly assess their relevance.
2. Understanding Case Law Analysis
Learn how to analyze case law to identify key holdings, reasoning, and dicta. This deep understanding is crucial for applying case law to new situations.
3. Staying Updated on Legal Developments
The legal landscape is constantly evolving. Regularly review legal news sources and updates to keep your knowledge current.
By mastering these techniques and resources, you'll significantly enhance your value as a paralegal and contribute to the success of your legal team. Remember, legal research is an ongoing learning process; embrace continuous improvement and refinement of your skills.
