Legal research is an essential lawyering skillThe ability to conduct legal research is essential for lawyers, regardless of area or type of practice. The most basic step in legal research is to find the leading case governing the issues in question. As most researchers know, this is far more difficult than it sounds. Often the issues are not correctly identifed, or some issues are missed altogether. Issue identifcation is crucial for efective research. The law is constantly changing. Recent decisions of the Supreme Court of Canada clearly show the uidity of legal doctrine. !ven where there is a recent decision of the Supreme Court of Canada, split decisions of the court ma"e it di#cult to determine how the ne$t case will %e decided. In many areas there are conicting decisions, or no %inding authority. &ou must then research the law of other 'urisdictions, and apply creative analysis to the e$isting case law or create an argument %ased on frst principles.Finding the law is an important part of legal research, but the ability to analyze what you have found and reach a conclusion or formulate an argument based on it is just as essential.unz and !chmedemann e"pressed this view in The Process of Legal Research #$oston% &ittle, $rown and 'ompany, ()*)+ at pages ,-.%(s a %eginning researcher, one of the %igger mista"es you can ma"e is to envision legal research as a %i%liographic chec"list of sources to consult. Clearly you need to %e familiar with the various sources and their location in the li%rary, %ut that)s not all. &ou also need to formulate research strategies that tell which source, of several sources, you should consult. (nd your strategy should incorporate e$i%ility. Successful researchers continually re*evaluate their research methodology and consider alternative research approaches as they fnd that various sources or research approaches are helpful or fruitless. !ven more important, you also need to learn how to advance your analysis of a law*related pro%lem %y means of your research. !ven the most diligent researcher, armed with the latest technology, will not arrive at a successful result if he or she approaches legal research as a mechanical process devoid of analysis. Thus, legal research is really 'ust a portion of legal pro%lem*solving.The Importance of Legal ResearchVol. 41 No. 8ByShawn G. NeversI o!"t Steven Sp#el"erg tho!ght anyone watch#ng Lincoln wo!l th#n$ a"o!t legal research% "!t that&s what happene to me. In one p#votal scene% L#ncoln an h#s 'a"#net gather to #sc!ss the propose amenment a"ol#sh#ng slavery. Var#o!s 'a"#net mem"ers are oppose to s!pport#ng an amenment they see as !nl#$ely to pass "y the neee s!per(ma)or#ty.L#ncoln% on the other han% s!pports the amenment. *e feels strongly that slavery m!st "e a"ol#she% "!t% he worr#es that the +manc#pat#on ,roclamat#on #s v!lnera"le. The ,roclamat#on wasa war meas!re% he e-pla#ns% "!t% w#tho!t a war% .!est#ons a"o!t the legal#ty of the ,roclamat#on an #ts effects w#ll no o!"t "e ra#se. / const#t!t#onal amenment #s the legal c!re neee to settle the !ncerta#nty an en slavery for goo./s I l#stene to L#ncoln e-pla#n h#s reason#ng% I co!ln&t help "!t th#n$ a"o!t legal research. L#ncolnha fo!n% !nerstoo% an appl#e the law. Th#s process allowe h#m to correctly assess the legal wea$nesses of the +manc#pat#on ,roclamat#on. It also helpe h#m real#0e that a const#t!t#onal amenment was the "est sol!t#on ava#la"le. In that way% legal research playe a cr#t#cal role #n L#ncoln&s ec#s#on to p!rs!e the 11th /menment esp#te heavy oppos#t#on.2h#le L#ncoln&s legal research #n&t #ncl!e 2estlaw or Le-#s% #ts !nerly#ng pr#nc#ples of f#n#ng% !nerstan#ng% an apply#ng the law rema#n the same toay. Toay&s lawyers cont#n!e to !se legal research on a a#ly "as#s to prepare them to av#se cl#ents% negot#ate w#th oppos#ng co!nsel% or pers!ae a )!ge or )!ry.3o!&ll e-per#ence the #mportance of legal research when a cl#ent see$s yo!r help to mo#fy a ch#l c!stoy orer% to s!e for m#sappropr#at#on of trae secrets% or to efen them #n an #ns#er tra#ng case. Legal research w#ll help yo! f#n% !nerstan% an apply the law. ,erform#ng goo legal research #n th#s way w#ll prov#e yo! w#th the fo!nat#on yo! nee to procee conf#ently an ach#eve the "est res!lt for yo!r cl#ent.4esp#te the #mportance of legal research #n legal pract#ce% I&m often s!rpr#se at how many f#rst(year law st!ents 5an somet#mes others6 seem #s#ntereste #n the top#c. 7ay"e I sho!ln&t "e s!rpr#se8legal research oesn&t hol the appeal of some top#cs% l#$e const#t!t#onal or cr#m#nal law.Legal research also re.!#res more hans(on wor$% wh#ch rarely evo$es enearment from law st!ents. 7any st!ents even have the m#sta$en not#on that legal research #s easy.B!t% whatever the reason for the #n#t#al lac$ of #nterest #n legal research% someth#ng changes when law st!ents hea o!t to legal )o"s !r#ng the s!mmer. That&s "eca!se they&re as$e to research8aga#n an aga#n an aga#n. In fact% the ma)or#ty of law st!ents I tal$ to spen the ma)or#ty of the#r s!mmer research#ng.So% wh#le law st!ents may or may not grow to love legal research% they o come to !nerstan that #t&s a cr#t#cal s$#ll they m!st ac.!#re. In fact% !pon ret!rn#ng from the s!mmer% many of my former st!ents remar$ that o!r legal research an wr#t#ng class was "y far the most helpf!l of the#r f#rst year. I always w#sh they wo!l have real#0e th#s earl#er8an they o too8"!t "etter late than never.The sooner yo! ga#n an apprec#at#on for the #mportance of legal research the "etter. *ere are a fewt#ps that m#ght help9Take a broader view of research. Some st!ents an even attorneys have a narrow v#ew of research. To them% research #s Le-#s or 2estlaw. Goo legal research% however% #s m!ch more than a research system: #t&s a process. Goo legal research #s #ntertw#ne w#th analys#s% !nerstan#ng% an appl#cat#on. 2h#le f#n#ng the law #s #mportant% ;one has not tr!ly fo!n the law !nt#l he !nerstans #t%< as one prom#nent law l#"rar#an has note. / research system can&t o that for yo!./ lawyer&s !nerstan#ng an analys#s of a case often "eg#ns #n the research stage when she #ent#f#es the relevant facts an eterm#nes the legal #ss!es that m!st "e researche. Th#s analys#scont#n!es an #s ref#ne as she ec#es where% how% an what to search. /s she f#ns seem#ngly relevant legal mater#als% she m!st !nerstan them an how they apply to the facts of her case. Th#s research prov#es a cr!c#al analyt#cal fo!nat#on that w#ll #nform her ec#s#ons for the rema#ner of the case. 2hen v#ewe #n th#s l#ght% research can "e seen not merely as a fleet#ng 2estlaw search% "!t as a cr#t#cal% en!r#ng component of represent#ng a cl#ent.Take research seriously. If yo!&re ser#o!s a"o!t gett#ng yo!rself reay to pract#ce competently% yo! nee to "e comm#tte to evelop#ng yo!r research s$#lls. The f#rst step #s easy8on&t "low off yo!r research classes. The more yo! p!t #nto these classes% the more yo!&ll get o!t of them.Ta$#ng research ser#o!sly also means wor$#ng on yo!r research s$#lls an $nowlege o!ts#e a str!ct!re class. I $now that so!ns cra0y% "!t hear me o!t. The tr!th #s that there&s never eno!ght#me #n a legal research class to cover everyth#ng8the #ntr#cac#es of spec#al#0e areas% the latest ata"ases% etc. It&s l#$ely that yo!r law l#"rary prov#es opt#onal tra#n#ng sess#ons to help yo! learn these th#ngs. 3o! won&t "e a"le to atten them all% "!t go as often as yo! can. 2estlaw% Le-#s% anothers also prov#e tra#n#ng% as well as a n!m"er of onl#ne t!tor#als that can "e helpf!l.3o!r law l#"rary% as promoter of all th#ngs legal research% also l#$ely has a "log% a Tw#tter acco!nt% a=ace"oo$ page or >enter new tool here? that $eeps st!ents !p to ate on new ata"ases or legal research t#ps. @eep trac$ of these so!rces% or some from another l#"rary% an yo!&ll "e s!rpr#se how m!ch a#t#onal legal research $nowlege yo! ga#n that w#ll help yo! #n school or at wor$.Take advanced legal research. 7ost law schools offer some sort of avance or spec#al#0e legalresearch co!rse as an elect#ve. Ta$e #tA Ta$e #t even #f yo! on&t love legal research. +spec#ally ta$e#t #f yo!&re not goo at legal research. 3o! w#ll soon "e o#ng research on someone else&s #me. 2hy not get reay for #tB7ost% #f not all% avance legal research classes are ta!ght "y law l#"rar#ans. They are e-pert researchers who $now a"o!t the latest legal reso!rces an can teach yo! a lot a"o!t the legal research process. 3o!&ll also get the chance to o a lot of research% wh#ch #s cr#t#cal to "ecom#ng a goo researcher. If yo! on&t pract#ce research#ng now% yo!&ll "e o#ng #t at yo!r )o"% wh#ch #s where yo!& "e "etter off #mpress#ng than learn#ng./"raham L#ncoln&s .!#p a"o!t a "oo$ he rea co!l eas#ly "e appl#e to legal research8;,eople who l#$e th#s sort of th#ng w#ll f#n th#s the sort of th#ng they l#$e.< The tr!th #s% however% that whether yo! l#$e #t or not% legal research #s a cr#t#cal part of lawyer#ng. 4on&t !nerest#mate #ts #mportance.LEGAL RESEARCHLEGAL RESEARCH: AN OVERVIEWThe purpose of legal research is to fnd +authority+ that will aid in fnding a solution to a legal pro%lem. ,rimary authorities are the rules of law that are %inding upon the courts, government, and individuals. !$amples are statutes, regulations, court orders, and court decisions. They are generated %y legislatures, courts, and administrative agencies. Secondary authorities are commentaries on the law that do not have %inding efect %ut aid in e$plaining what the law is or should %e. The resources availa%le to fnd legal authority are vast and complicated leading many law schools to re-uire students to ta"e a class in legal research. See .egal education/inding tools ena%le a researcher to fnd and interpret legal authority. Initially, many researchers turn to tools that provide summaries of a particular area of the law. Some e$amples are legal encyclopedias, treatises, and the (merican .aw Reports 0(.R1. .aw reviews and legal periodical articles provide interpretation of the law as well as detailed articles on particular legal topics. These interpretations may %e found through inde$es such as the Inde$ to .egal ,eriodicals. Restatements provide detailed summaries of what the law generally is or what the restatement writers %elieve the law should %e. The citations to other authorities and annotations provided in legal encyclopedias, treatises, (merican .aw Reports, law reviews, and legal periodicals are an important element of their value in the research process.There are also a num%er of speciali2ed fnding tools that ena%le one to search for relevant materials in primary authorities. The inde$ volumes for statutes and regulations compilations provide a -uic" guide to relevant rules and regulations. There are also privately pu%lished version of statutes that are annotated. Case reporters contain the decisions in cases that have %een deemed important enough topu%lish. Case digests ena%le a researcher to loo" up a particular area of the law and fnd a list of case decisions that are +reported+ in relevant case reporters. If one has the common name of a law 0e.g.,The .anham (ct1, a popular name ta%le can providea -uic" reference to where the law can %e found in the statute compilation. There arealso conversion ta%les that allow one to lin" a statute to the %ill from which it developed and the commentary surrounding it3s approval. Shepard3s Citations provides references to when cases and law review articles were cited %y another source.Computer data%an"s have provided the legal profession with -uic" and e#cient toolsto do research. .!4IS and 5!ST.(5, two prominent legal search engines, provide data%ases that have case reporters, statutes, legal periodicals, law reviews and various secondary authorities. State and specialty law collections pulling together diverse types of authority are now appearing on C6*RO7 and the Internet.