PART I: LEGAL RESEARCH REFRESHERDavid McFaddenSenior Reference Librarian, Leigh H. Taylor Law Library

PART II: LEGAL RESEARCH:THE LAW FIRM PERSPECTIVEProfessor Eric Schiffer ’95Schiffer and Buus, APC

PART III: GENERAL INTERVIEWING SKILLSKatrina Denny & Noreen Berra ‘85Career Services Office

Legal Research Refresher

David McFaddenSenior Reference Librarian

dmcfadden@swlaw.edu213-738-6726

Research Strategy

1. Start with what you have and glean any hints from it.

2. Be sure to have a clear idea of the focus of your research.

3. Find a publication (print or electronic) that has done some of the work for you. Do background reading in a secondary source.

Research Strategy

4. Read full text of any pertinent cases and statutes cited in the secondary source.

5. Conduct your own research of the relevant primary authorities.

6. Cite check cases you plan to use to make sure they are still good law.

7. If appropriate, locate cases from other jurisdictions or additional secondary sources.

Primary Authority at Southwestern

• Library Open to Alums• Print in Library• Westlaw – 2 limited access terminals

for alums– KeyCite also available

• Free Sources Available on Computers.

Alternatives to Lexis and Westlaw

• Bloomberg Law

• Loislaw

• Casemaker

• VersusLaw

• Fastcase

Free Comprehensive Research Sites

• FindLaw• Legal Information Institute• Justia.com• OpenJurist• The Public Library of Law

Google Scholar

• Articles• Legal Opinions & Journals– primitive citator

Government Sites: Federal

• U.S. Supreme Court• Other Courts• PACER• Free alternatives

• U.S. Code• Public Laws• Federal Regulations

Government Sites: California

•Courts• Legislative•Administrative Regulations

Areas Not Always Covered in Law School

• Regulations– Code of Federal Regulation and Federal Register

– California Code of Regulations and Notice Register

• Municipal Codes and Ordinances– Often available at city/county websites

– Also, available as collections of codes

• Legislative History

Treatises and Practice Manuals

• In depth Treatment of Single Subject

• Usually have Commentary and Analysis

• Cite to Primary and other Secondary Sources

• Tips, forms, checklists for practitioners in practice manuals

Treatises and Practice Manuals

• Rutter Group

• CEB

• Matthew Bender Practice Guides

• Witkin

http://www.ruttergroup.com/cartlist.htm

Rutter Group

• The Rutter Group's Practice Guides give the practical, expert guidance needed in various practice areas.

• Authoritative – written by judges and attorneys• Major Cases - not just string cites• Practice Pointers• Step-By-Step Guidance• Examples• Practice Forms• Up-to-Date – loose-leaf and on Westlaw

Rutter Group• Alternative Dispute Resolution • Bankruptcy (California & National

editions)• Bus. & Prof. C. § 17200 Practice • Civil Appeals and Writs • Civil Procedure Before Trial (also

Forms & Statute of Limitations volumes)

• Civil Trials and Evidence• Corporations • Employment Litigation• Enforcing Judgments and Debts• Family law

• Federal Civil Procedure Before Trial (including California and 9th Circuit editions)

• Federal Civil Trials and Evidence• Federal Employment Litigation, • Federal Ninth Circuit Civil Appellate

Practice• Insurance Litigation• Landlord-Tenant • Personal Injury • Probate • Professional Responsibility• Real Property Transactions

CEB• First major continuing education provider in

California

• Joint effort of UC and State Bar begun in 1947

• Practice Guides Cover Most Major Areas of California Law

• Available in print and on CEB OnLAW

CEB• Business Review• Civil Litigation• Criminal Law• Employment Law• Estate Planning• Family Law• Municipal Law• Real Property

• Workers’ Compensation• Bankruptcy Resources• Basic Practice• Client

Communication• Fee Agreement Forms

Matthew Bender Practice Guides

• Newest of Major Practice Sets

• Available on Lexis and in print

• Practice Guides cover many Major Areas of California Law

Matthew Bender Practice Guides

• Civil Discovery• Contract Litigation• Debt Collection and

Enforcement of Judgments

• E-Discovery and Evidence

• Federal Pretrial Civil Procedure

• Landlord-Tenant Litigation

• Pretrial Civil Procedure

• Trial and Post-Trial Civil Procedure

• Trust Litigation• Unfair Competition

and Business Torts

Witkin• The Place to Start when you don’t have another

• Very authoritative and well respected

• Treatise NOT a practice guide

• Available in print, on Lexis and Westlaw

• Major sets:

– Summary of California Law

– California Procedure

– California Evidence

– California Criminal Law

Other Secondary Authority• Treatises (books) & Practice Sets

• Legal Encyclopedias

• California Jurisprudence (Cal Jur 3d)

• Legal Periodicals

• American Law Reports

• Others

Forms & Form Sets• Practice guides often have forms or formats of forms• Judicial Council Forms (some are mandatory)• Re-use forms from your office.• Go online but be weary. May not apply.• Commercial Services• California Forms of Pleading and Practice• California Points and Authorities• California Legal Forms• California Civil Practice• California Criminal Forms & Instructions• California Criminal Law Forms Manual (CEB)

Jury Instructions

• California Civil Jury Instructions (CACI)

• California Criminal Jury Instructions (CALCRIM)

• California Jury Instructions – Civil (BAJI)

• California Jury Instructions Criminal (CALJIC)�• Federal Jury Instructions

– Federal Jury Practice and Instructions

– Pattern/Model Jury Instructions for Circuits

Access to Secondary Sources• Most Low-cost and Free Online Sources not great place for

secondary authority.

• If don’t have access to secondary sources (online or in print) and citators in the office, must occasionally use law libraries.

• Southwestern is open to all alums.

• Most law school libraries in Southern California are open to members of the bar.

• County Law Libraries are open to all.

– L.A. Law Library has Members Program with an Exclusive Room & Extra Resources

Availability of Practice Guides and Other Secondary Sources at Southwestern

• Rutter, Cal Jur and Witkin

– In print on Reserve

– Two Terminals Near Reference with limited access to Westlaw for Alums

• CEB

– In print on Reserve (some titles recently discontinued in print)

– CEB OnLAW on campus only

• Matthew Bender Practice Guides

– In print on Reserve

Citation• Two Citation Manuals Authorized by Court Rule (Cal. R. Ct. 1.200)– California Style Manual– The Bluebook

• Only Required to Cite to Official California Citations (Cal. R. Ct. 3.1113(c))– The court must not require any other form of citation.