7 WAYS TO ENHANCE YOUR LEGAL RESEARCH SKILLS

Feb 12, 2018| Legitquest

Law is the representation of society, and legal research is the pillar on which the entire legal
profession rests. The stronger the pillar, more effective is the building against calamities. Therefore,
legal research skill is an asset to all legal professionals, be it law students, advocates or judges.
Thus, to attain success, it becomes imperative to sharpen this skill set continually. The following are
seven essential ways required to enhance legal research skills.

1. Inculcate the habit of reading case laws, legal

blogs to stay updated

Knowledge is power, and in the legal profession, knowledge is acquired through constant reading
and keeping oneself abreast with the latest advances in the legal field. Earlier, this would have been
an arduous task as the only form of information dispensation on a daily basis was through
newspapers or the radio. However, with the advent of the internet age, information dispensation has
been revolutionised. There are numerous legal research tools and popular blogs where luminaries
of the legal fraternity write about the developments along with in-depth analysis and critiques. Also,
legal news portals are there which keeps us updated and informed about the latest developments in
various Supreme Court cases as well as significant High Court judgments. These sources aid young
professionals as well as those who have been in the profession for a long time to become well-
informed lawyers and be aware of the changes taking place in the legal field.

Regularly reading case laws greatly enhances legal research skills. The argument formation of the
respective counsels and the court’s rationale found in Supreme Court cases as well as High
Court judgments provide an exhaustive understanding of the law and its application as well as
implication. Argument formation is a skill which every lawyer aspires to sharpen and excel at and
reading case laws is a great way to enhance such skills.

2. Start from the basics

“Rome was not built in a day,” is a famous proverb which is applicable in the domain of legal
research as well. One cannot start running before learning how to walk. Similarly, in legal research,
one must begin with the abc of the subject.
The basic understanding of the subject is a pre-requisite for any argument construction. One needs
to comprehend the meaning, the history and development to have a holistic understanding. The
stronger the base, the sturdier is the building. Hence, it is imperative to begin the research from the
very basics.

3. Effective reading

Reading is an essential part of the research. Lawyers and law student spend hours flipping through
pages of material in a day. However, the key is to efficiently read, which goes beyond just
understanding the text on a page. One vital part to be kept in mind is to be selective while reading.
One need not read the entire book cover to cover to understand the crux of the matter. Certain
books have brilliant introduction section where the editor summarises the whole book, in a nutshell,
making it an excellent place to start.

Another skill which needs to be developed is that of changing the kind of reading depending on the
utility of the information furnished. Using legal research tools such as the index pages at the end of
the book increases the efficiency of the entire process of reading and research. The skill also
includes knowing what to search for and where to find it. The proficiency enhances with experience
over the years.

The task of research is multi-layered which begins with looking for information, selecting, noting and
interpreting relevant information and then applying it for the required purpose. Therefore, effective
reading increases the efficiency and productivity of the research.

4. Learn how to check multiple sources for the

correct information

Information Technology has ushered in an era where access to information is not an obstacle, but
where and how to find the most appropriate piece of information is the real challenge. Authenticity is
the key in legal research and hence, finding accurate, relevant and authentic information is of great
importance.

The internet is a goldmine for information and legal research tools such as search engines, blogs,
case law databases, etc. augment the entire process of legal research. However, there are certain
circumstances wherein what we read on the internet is not entirely correct. The fake news endemic
has penetrated into social media and the internet. For example, wrong reporting of Supreme Court
cases can twist the entire interpretation, thereby hampering the outcome of the research.
Therefore, the source of information becomes an important aspect while doing research.

Specific legal research tools, such as government websites, A.I.Rs, etc. are considered to be
authentic sources of law. However, at times lawyers read blogs and websites which may not be as
dependable. Therefore, it becomes imperative to check multiple sources to make the argument more
accurate and well-informed.

5. Go beyond keywords – Learn to build a cogent

thread of thought.

Statistics show that about 33.9% of the lawyers initiate their research with Google by entering
keywords related to the subject of research. However, now we have more effective legal search
engines and legal research tools which cater specifically to the needs and requirements of the legal
fraternity.

Research with the help of keywords is a good way to start. However, building upon the keywords
and constructing cogent and lucid arguments is a skill every lawyer aspires to achieve. To make the
research more wholesome and to add different perspectives, one must go beyond the basic keyword
search. The more one reads, the clearer will be his understanding and more effective will be his
application.

The legal research tools are mere aids in enhancing the efficiency of the research . However,
building logical strings of thought and going beyond the keywords is a skill that is required to be
inculcated at the onset of the career and is developed over the years.

6. Legal research tools –learn how to use the

tools to expedite the process

In earlier times the only skill set that was required by the lawyers was reading numerous Supreme
Court cases, law books, etc. and then applying the information gathered as per the requirement of
the case. However, at present, the world runs with the help of the internet, and hence, lawyers now
need to acquire an additional skill set of knowing how to utilise the various legal research tools and
legal search engines.

The legal research tools are designed to deliver a variety of services which simplify the search of
Supreme Court cases, doctrines, statutes and other legal apparatus. But to know how to use these
online database portals and lawyer search engines to the optimum level with the highest efficiency
is a skill which lawyers these days need to inculcate within themselves. A lawyer who is proficient in
using these legal research tools will greatly expedite the process and will be able to produce holistic
and productive research in a shorter period of time.

7. Inculcate the habit of discussing with seniors

and colleagues

Once a lawyer embarks on the journey of the legal profession, he remains a student of law till the
very end. Books and law school teach the theoretical aspects of law, the law which is present on
paper. However, the law in flesh and blood is learnt from the revered seniors in this field. This is
precisely the reason behind the copious number of internships law school students strive to
complete before they become full-fledged lawyers.

The practice of discussing with the peer group and colleagues as well as seniors is a healthy habit.
There are various advantages to it. One of the most apparent benefits is that it enhances an overall
understanding of the subject. The more one discusses, the clearer the concepts get in his head and
more fruitfully will he be able to apply the same. Another advantage is that when one discusses a
topic with others, the different perspectives and insights paint a more holistic picture. Certain things
which one would have missed during his preliminary research would surface during such
conversations, and it would be easier to spot loopholes and lacunae in the research.
Quick overview of the legal research process
The research path you follow will vary depending on the nature of your topic and legal issue. There is no
single “right” path to take in conducting   legal research. While there will be times when you will follow the
research steps suggested herein in a linear fashion, that will not always be the case. 
Regardless of the path you follow using the steps below, if you are thorough and flexible in your research
you will succeed!
  1.    Identify the scope of the legal question.   Ask specific questions to identify:
(a) the relevant jurisdiction
(b) key sources and search terms
(c) the applicable time period.
  2.   Begin your research by consulting a secondary source.
Core texts, Halsbury’s Laws, key articles, can give perspective on how your specific issue fits into a
broader legal context and will assist you in finding on-point primary authority.   These are particularly
useful if you have no experience of the area of law as they will act as a background. Note references to
pertinent statutes and case citations.  Search for articles on the topic using the main legal journal
indexes.  These include the Legal Journals Index (on Westlaw), Index to Legal Periodicals via Oxlip+ and
Google Scholar.  You can also widen the scope of your search to outside the legal indexes and search
the Social Science Citation Index as well.
  3.   Identify relevant statutes.
If you located an applicable statute in your review of secondary sources, review the annotations for the
applicable provision in Halsbury’s Statutes or on one of the various databases (Westlaw, Lexis Library,
Legislation.gov). Browse the contents of the statute to identify any other pertinent sections. Browse the
contents page of the Halsbury's Statutes volume to find other relevant statutes.  Look at any analysis
documents available on the databases.
  4.    Identify the cases that are on-point for your specific facts.
When reading secondary sources, note cases that relate to your set of facts. Follow up the cases,
checking headnotes and reading judgments that seem applicable. One good case can be a great starting
point for research on narrow topics.
  5.   Use digests and databases to find more cases.
Digests provide another excellent resource to identify relevant case law. The Digest is a good source for
finding English and Commonwealth cases by topic. It has the same subject structure as Halsbury’s Laws. 
You can also search for cases on the databases using subject terms.  You may need to think about your
search terms carefully as the database are very large. Use Boolean operators and connectors when
possible to increase the accuracy of your results.
   6.    Confirm that your authority is still good law.
Use Westlaw Case Analysis, Lexis Case Search or a print citator to check that your cases are still good
law and provide the most current, direct authority available for your set of facts.
   7.    Search other online sources  to fill any gaps in your research. 
There are many other online sources other than Westlaw and Lexis Library.  There are free sources such
as the Legal Scholarship Network which can be useful for recent articles as well as Google Scholar, Bailii
and Legislation.gov. Blogs, policy websites and so on are also useful, depending on the topic but you
must be careful to evaluate the information you find on the web for accuracy.
   8.    Keep a record of your research trail.
Document all sources reviewed, including all sections and page numbers, regardless of whether you
located relevant materials in them. This will help you later when you write up your research and need to
check points.
  Some keys to legal research success:
(a) Get to know your librarian
(b) Take the courses on topics/searching/endnote etc on offer
(c) Get out of the Google-search mindset – ask us the tricks of each database
(d) Look beyond Lexis and Westlaw
(e) Use secondary sources
(f) Know when to stop!

How to develop your legal research skills

at uni
When start your law degree, one of the sessions in your initial induction timetable will
be an introduction to the Library and its resources. The temptation will be to think that
this is a session you can miss. Here’s why you shouldn’t.
When you embark on your law degree, one of the sessions that will be put in
your initial induction timetable will be an introduction to the Library and its
resources. The temptation will be to think that this is a session you can miss –
‘I have done research for my A levels and I can use the internet so I will be all
right.’

You won’t – for two reasons:

 Research at university to support your studies requires more depth and

breadth and a critical evaluation of those sources you choose to use; and
 Law has its own special mix of primary and secondary sources of
information that you need to understand and use.

The Library induction is designed to help you learn more about this new
information environment and introduce you to some of the key products and
information that you will need to master to succeed in your degree.

This hour or two during your induction will help make the first few tutorials
much easier to deal with and give you space to enjoy all of the other activities
that university can offer. Who wants to spend the first term panicking about
that first essay?

Tip 1 – Attend your Library induction – and concentrate.

Love your Librarian

The University Library can be a daunting place and will probably be the
biggest Library you have ever set foot in. However, you do not have to
navigate this physical and virtual space alone. Help is at hand in the form of
your law librarian. A key part of their job is to help all of their users get the
most out of the resources that they have decided to include in the Library law
collection – including you.

Tom Laidlaw

They will have a lot of experience in finding information to support all of the
subjects that make up the law degree. They will also have the most detailed
knowledge of everything that sits on the shelves and is accessible through the
Library web pages. If you can’t find information that you need – ask them, but
do it the right way.

The library team is not there to do you work for you – they are there to point
you in the right direction and make suggestions as to sources or publications
to consider. So to help them help you by:
 providing them with some key words and concepts you are looking for;
and
 telling them the names of any publications or sources you have already
looked at or for.

This will allow them to understand your thinking and make relevant
suggestions or help you revise your initial ideas and guide you to the right
information.

Tip 2 – Make friends with your law librarian.

Isn’t Google still good enough?
Google is still a way to find out basic information or start a piece of legal
research but you cannot base your answers to an essay or tutorial on the first
few results you get from a simple Google search and expect a good mark.

As I said earlier, the Law Library is both a physical and virtual space – and that
virtual space holds much more information. Instead of using Google, you
should use the online legal information available through the Library web
pages because you can trust it. Members of the Library and Law Faculty have
decided to put it on the site because it is relevant to your studies. Also, this
information is written by legal experts for other lawyers to use, so if they use it
you should too.

There will be a whole range of different databases and websites for you to use
but some of the key ones will include:

 BAILII (British and Irish Legal Information Institute)

 legislation.gov.uk
 LexisLibrary
 Hein Online
 Westlaw

It is important to become familiar with most or all of these key databases and
be able to use them effectively because:

 they will all have unique content or functionality; and

 if you want to become a lawyer you will need to understand a range of
databases because most firms use one or more of them.

As an example, LexisLibrary has unique content including the All England Law
Reports and Halsbury’s Laws of England & Wales, which is the only complete
narrative statement of the law of England and Wales.

The other great advantage of databases like LexisLibrary is that all of the
information is linked together. From one initial search, you can then use the
embedded hyperlinks in a document to find further relevant information
without running another search. LexisLibrary will also suggest other similar
content that might be useful to you.

Tip 3 – Learn to use legal databases.

The key to success
The ability to conduct effective legal research is a key skill to acquire so that
you can achieve your aspirations and qualify as a solicitor.

If you can properly use the resources that your law library provides for you
then you will have a much better chance of getting the grades you need to
succeed.

Tom Laidlaw is head of academic and  public  sector marketing at LexisNexis

Understanding Legal Research
The purpose of legal research is to find legal documents that will aid in finding a solution to a
legal problem. One type of legal document which many courts will rely on when solving a
problem is called “Primary Authority.”
Primary authorities are the laws that are binding upon the courts, government, and individuals.
Examples are statutes, regulations, court rules, and case law. They are generated by legislatures,
administrative agencies, and courts. 
Secondary authorities are summaries and explanations of the law that do not have binding effect
on the courts. Secondary authorities, however, are useful in explaining the law and pointing you
towards primary authorities.
Primary Authority
Statutes
Statutes are laws made by legislatures.  Most legislatures meet and make new statutes at least
once a year.

 The federal government’s legislature is the United States Congress.

 Each state has its own legislature, such as the Maryland General Assembly.
 Many cities and counties also have "legislatures."  In Maryland, these local legislatures are called
city and county councils. The laws they create are called resolutions and ordinances.

Legislatures have the power to make laws because the state and federal constitutions give it to
them, and because the citizens elect them to do so.
Statutes are published in subject arrangements. "Codes" are books where statutes on similar
subjects are grouped together.
Some statutory codes, like the Annotated Code of Maryland, are "annotated." The word
"annotated" refers to the fact that these codes include more than just the language of the actual
statutes - they also provide features such as citations to and summaries of cases and journal
articles that interpret the statutes. These extra features are written by the editors of the companies
that publish the codes, not by the legislature.
Regulations
Regulations are laws made by executive branch agencies. Examples of executive branch
agencies include the Maryland Social Services Administration and the United States Social
Security Administration.  Executive branch agencies have the authority to make laws based on
certain statutes passed by the legislatures. Agencies can only make regulations on the subjects
that the statutes say they can. You have to read agency regulations together with the statutes they
were made under. Regulations, like statutes, are published in subject arrangements called codes.
Maryland’s code of administrative regulations is called the Code of Maryland Regulations
(“COMAR” for short), while the federal code of administrative regulations is called the Code of
Federal Regulations ("CFR” for short).
Policy Material
Policy materials aren’t laws but they may influence how laws are applied or they may help you
to understand the laws. Policy material includes things such as internal agency operating manuals
and written opinions that agencies issue to explain decisions they’ve made. For example, an
internal operating manual might be issued to the workers in a local Social Security or
Environmental Protection Agency field office. An operating manual would contain lists of
operating procedures that tell agency workers how to go about making the legal decisions they
have to make every day, such as whether an applicant is entitled to disability benefits or whether
a factory has met the requirements to receive an emissions permit. An agency’s written opinions
explain why they denied the disability benefits or the emissions permit.
Policy materials are sometimes available on an agency’s website. Look on the Peoples Law
Library website first for the several user guides on state and federal policy materials. These user
guides are usually not written for the general public so you may have to write or call the agency
in order to obtain copies of them. You can also check your local public law library for additional
help.
Case Law
Case law is found in judges’ opinions, which are explanations for why the judges decided the
case the way they did. These opinions are written by the judges after hearing a case. Case law is
usually made by judges in the appellate courts rather than the trial courts. Examples of trial level
courts include the Maryland District and Circuit Courts, while examples of appellate courts
include the Maryland Court of Appeals and the United States Supreme Court.
In making case law, judges apply relevant statutes, regulations, and prior case law to the factual
situations brought to them by people who file and defend trial court cases. Applying statutes and
regulations usually requires “interpreting” them, or deciding what they mean if their language is
confusing (which it often is). Sometimes, the judges are required to interpret the law in a unique
way and can seem like the judges are making up new law.
Case law is published in books called “reporters.” There are many different case law reporters in
the United States; each different reporter publishes cases from a limited geographical area or
government unit. For example, Maryland Reports publishes cases from the Maryland Court of
Appeals and Maryland Appellate Reports the Maryland Court of Special Appeals.
Court Rules
Court rules are rules that lay out the procedures that must be followed when conducting business
with the courts. For example, court rules explain what must be done when you are serving a legal
complaint on a person you want to sue. The court rules also set deadlines and procedures for
responding to legal complaints filed against you, limit the kinds of evidence a court may
consider, and regulate the process of selecting a jury.
Secondary Authority
Secondary authority are books and articles that attempt to explain or comment on the law. They
are not law themselves, because they are not issued by law-making bodies in their official
capacities. Most secondary sources are written by law professors or practicing attorneys. These
secondary sources are written to help law professors, practicing attorneys and the general public.
The articles on the Peoples Law Library are secondary sources which are written to help explain
the law to the general public.
Courts are under no obligation to agree with or "follow" an interpretation of the law that appears
in a secondary source. Secondary sources are very helpful in doing legal research because they
are usually easier to look up by subject and read than the laws themselves. Secondary sources
will also point you towards laws and other primary resources. They also tend to explain how
several different types of law on a subject (for example, statutes, cases, and regulations) fit
together. When possible, it is a good idea to begin legal research with secondary sources, then
read and use the primary sources (statutes, cases, regulations, and court rules) they cite.