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Legal Research Basics: A Step-By-Step Guide to Brushing Up on Your Skills

Legal research is imperative to the practice of law. Depending on where you are in your legal career, there could be multiple reasons to brush up on the basics of legal research. You could be a: 

• Law student or recent graduate preparing for your career 
• Seasoned attorney aiming to brush up on the basics amidst ever-evolving legal research technology 
• Growing law firm preparing to train new attorneys or paralegals 

Regardless of which of these categories you align with most, reviewing the basics of legal research should become regular practice. After all, the importance of legal research cannot be overstated – pinpointing the best facts and knowledge for your case can make the difference between winning and losing.  

Use this article to review the basics and set yourself (and your firm) up for success. First, we’ll define legal research and its components. Then, we’ll walk you through a step-by-step process for conducting superior legal research. Finally, we’ll close with recommendations for tools that can help you become both an accurate and efficient legal researcher – which ultimately equips you with a reputation for success in the courtroom.  

What is Legal Research?

Legal research is defined as the process of identifying and retrieving information necessary to support legal decision-making. There are multiple reasons you might conduct legal research: 

• To find “good” case law that backs up your motion or brief  
• To provide legal counsel to clients  
• To provide a memo or brief for class (law students only)  
• To identify case law that refutes an opposing argument 
• To support the over-arching narrative of your case 

What is the Importance of Legal Research?

Legal research provides support for decision-making on complex issues, by providing specific facts and legal precedent that allow you to produce complete answers for clients. Quality legal research is critical to the practice of law.

Historically, attorneys combed through books and libraries for the perfect facts, cases, and issues; now, technology has largely replaced this process. While the prominence of ever-evolving technology has made the process more efficient (and, in many ways, easier), the sheer number of products and options available can be overwhelming.  

The Legal Research Process

Understanding that the legal research process can be overwhelming and time-consuming, we’ve broken the legal research process down into three key steps: 

• Understand the facts of your case 
• Gather sources of law 
• Check your citations for “good” law 

Each of these steps is detailed below, alongside a quick-view checklist.  

Step 1: Record the Facts of Your Case and Create a Research Plan  

Handling a legal task with authority requires confidence in the process. This is true in any practice, jurisdictional setting, or level of legal expertise. A good process should start by taking time to identify and understand the facts of your case. Ask yourself the following questions: 

• What is the legal issue at hand?  
• What are the details of the case?  
• What jurisdiction is most relevant?  
• Do you need state or federal case law? 

Record your facts in a case management tool before beginning – this can help you develop a course of action and narrow down where to start your research. While it may be tempting to skip this step, a commitment to this process saves you time in the long run by helping you efficiently juggle multiple clients. Not to mention, you will likely need what you’ve recorded to file a motion or brief. 

With the facts of the case recorded, you can begin your research. Because this will help you develop a plan for gathering your sources, we will briefly discuss creating a research plan before moving on to Step 2.  

Did you know? LexisNexis boasts a collection of state case law superior to its leading competitors. Easily filter by jurisdiction before or after your search.  

Creating a Research Plan  

Review the facts you recorded to determine what information you will need to build your case. When legal research first moved online, many attorneys felt the need to start with a free service like Google to identify terms of art before conducting a search in a legal research platform. However, this is no longer necessary. Research platforms like Lexis+ allow you to start your search with a natural language search or question and equip you to quickly comb both primary and secondary sources. Litigators, specifically, can use Fact and Issue Finder – integrated directly with Lexis+ – to help quickly identify the best terms of art for their search.  

Creating your research plan is less about planning where you will search and more about planning what you will search. You know your research can be conducted on one, fully integrated platform. So, what questions will you ask to get started? What legal issues do you need more information about? What filters will you need (jurisdiction, time period, etc.)?  

Once you know what you will search for, you are ready to gather sources.  

Step 2: Gather Sources of Law  

The next step in your process is to gather relevant sources of law. Below, we detail the difference between primary law and secondary law. Importantly, when gathering sources, start with secondary law materials. This helps ensure you are up-to-speed on what experts have to say about a topic before you begin your case law search. Why does this matter? Think about it as building your knowledge base before crafting an argument – you’ll be less likely to make mistakes and more inclined to spot case-winning primary law.  

What are Secondary Sources of Law?  

Secondary legal sources are materials that describe or interpret the law. They are educational resources that provide analysis of the law. These documents are cited by attorneys to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow. Start with secondary sources to learn from legal experts that have already explored a given topic.  

Secondary sources may include: 

• Practice guides 
• Legal treatises 
• Law review articles 
• Scholarly journals 
• Legal news 
• Jury instructions 
• Legal dictionaries and encyclopedias 

What are Primary Sources of Law?  

A primary legal source is a formal document officially issued by the government that establishes the law on a particular matter, such as a case decision or legislative act. Primary sources are the law. This is the most authoritative step in the legal research process. You can support arguments with primary sources as they are not only authoritative, but precedential and controlling.  

Your primary sources may include: 

• Case law (federal and/or state) 
• Orders 
• Decisions 
• Statutes and regulations 
• Constitutions  
• Treatises 

Step 3: Check to See If You’re Using Good Law   

The final step in your research process should include a final check to ensure you have used “good” law – this means you are using case law that has been treated positively in court (as opposed to case law that has been overturned or brought into question). 

Check your case citations as you collect them, especially since legal research software can allow a quick view of how your case has been treated in court directly from your search results. However, it is best practice to review your citations once your research process is complete to check for any gaps, changes, or oversights.  

Read more about using good law and the process of " Shepardizing ."

Conduct Winning Legal Research  

Following this three-step process ensures you’re taking the right measures to find the most accurate, relevant and valuable data to achieve your objectives. Now that you’re ready to conduct winning legal research, take some time to review products and tools that can help you in your path to success.  

Getting Started with Legal Research Tools   

Legal research is key to drafting effective documents and building winning cases. Legal research solutions have evolved substantially – helping you conduct legal research with increased efficiency and accuracy . Below is a list of legal research tools to help you build a winning case:  

• Lexis +:  This is the premier LexisNexis fully integrated legal research platform. Features such as Shepard's At Risk ensures you’re citing only the most authoritative sources, with unprecedented visibility into whether a case is at risk of being overruled or undermined. Other Lexis+ features include, but aren’t limited to: 
• Brief Analysis: Get a clear picture of the contents of your legal brief to identify any missteps and bolster your arguments against opposing counsel. Simply upload and file and quickly evaluate the legal authority cited in your (or an opposing) brief in granular detail and receive recommendations for additional searches.  
• Litigation Analytics: Get the most accurate insights into judges, courts, attorneys, and law firms to ensure your success in litigation. Understand critical insights regarding caseloads, experience across case types, timing to key milestones, and damages by comparing federal districts and judges. 
• Shepard's ® Citations Service:  See if a case has been overturned, reaffirmed, questioned, or cited by later cases, or is at risk of negative treatment. Your research needs to provide precedential value. Using reversed or overruled authority doesn't qualify as "Good Law" and your research may be ineffectual or harmful to your case.  
• Practical Guidance: View professional insights on 20 different practice areas. Accomplish any task with practice notes, annotated templates, and checklists.  
• Legal News Hub: Receive up-to-the-minute, award-winning journalism and legal news from Law360 and Law360 Pulse anytime you need it — without having to leave the Lexis+ ecosystem. Stay current on critical developments across legal practice areas, with over 70 coverage areas spanning the practice and business of law. 

LexisNexis is here to support your firm in winning your next case. With Lexis+, all of your legal research needs are integrated into one platform as a true start-to-finish solution. Ready to learn more? Take a guided tour of Lexis+ today. 

Buy Now    Free Lexis+ Access

• Practical Guidance
• Legal Research
• Shepard's Citations Service

Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

• Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

• Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

• Read anything you have been given
• Analyze the facts and frame the legal issues
• Assess what you know and need to learn
• Note the jurisdiction and any primary law you have been given
• Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

• Search Date
• Topics/Keywords/Search Strategy
• Citation to Relevant Source Found
• Save Locations
• Follow Up Needed

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Sep 12, 2023 269 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

• Scope/Breadth
• Depth of Treatment
• Currentness/Reliability

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Apr 12, 2024 4599 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

• Black's Law Dictionary
• Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Here are the two major national encyclopedias:

• American Jurisprudence (AmJur) This resource is also available in Westlaw & Lexis .
• Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Apr 12, 2024 3618 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

This resource is available in both Westlaw and Lexis:

• American Law Reports on Westlaw (includes index)
• American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

• Law Journal Library on HeinOnline
• Law Reviews & Journals on LexisNexis
• Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

• a concisely stated rule of law,
• comments to clarify the rule,
• hypothetical examples,
• explanation of purpose, and
• exceptions to the rule  

To access restatements visit:

• American Law Institute Library on HeinOnline
• Restatements & Principles of the Law on LexisNexis
• Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

• Statutes: US and State Codes by Mindy Kent Last Updated Apr 12, 2024 2981 views this year
• 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

• Legislative History Get an introduction to legislative histories in less than 5 minutes.
• Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Apr 12, 2024 574 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

• Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
• Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

• Topic Navigator (Lexis)
• Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

• in Lexis click "More Like This Headnote"
• in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• KeyCite Video Tutorial
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

• Parallel citations
• Prior and subsequent history
• Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

• Later cases on the same point of law
• Positive treatment, explaining or expanding the law.
• Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

• Secondary sources that discuss your case or statute.
• Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

Automated Services

Automated services can check your work and ensure that you are not missing important resources. You can learn more about several automated brief check services.  However, these services are not a replacement for conducting your own diligent research .

• Automated Brief Check Instructional Video

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• Last Updated: Sep 21, 2023 2:56 PM
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How to Conduct Legal Research

September 21, 2021

Conducting legal research can challenge even the most skilled law practitioners.

As laws evolve across jurisdictions, it can be a difficult to keep pace with every legal development. Equally daunting is the ability to track and glean insights into stakeholder strategies and legal responses. Without quick and easy access to the right tools, the legal research upon which case strategy hinges may face cost, personnel, and litigation outcome challenges.

Bloomberg Law’s artificial intelligence-driven tools drastically reduce the time to perform legal research. Whether you seek quick answers to legal research definitions, or general guidance on the legal research process, Bloomberg Law’s Core Litigation Skills Toolkit has you covered.

What is legal research?

Legal research is the process of uncovering and understanding all of the legal precedents, laws, regulations, and other legal authorities that apply in a case and inform an attorney’s course of action.

Legal research often involves case law research, which is the practice of identifying and interpreting the most relevant cases concerning the topic at issue. Legal research can also involve a deep dive into a judge’s past rulings or opposing counsel’s record of success.

Research is not a process that has a finite start and end, but remains ongoing throughout every phase of a legal matter. It is a cornerstone of a litigator’s skills.

[Learn how our integrated, time-saving litigation research tools allow litigators to streamline their work and get answers quickly.]

Where do I begin my legal research?

Beginning your legal research will look different for each assignment. At the outset, ensure that you understand your goal by asking questions and taking careful notes. Ask about background case information, logistical issues such as filing deadlines, the client/matter number, and billing instructions.

It’s also important to consider how your legal research will be used. Is the research to be used for a pending motion? If you are helping with a motion for summary judgment, for example, your goal is to find cases that are in the same procedural posture as yours and come out favorably for your side (i.e., if your client is the one filing the motion, try to find cases where a motion for summary judgment was granted, not denied). Keep in mind the burden of proof for different kinds of motions.

Finally, but no less important, assess the key facts of the case. Who are the relevant parties? Where is the jurisdiction? Who is the judge? Note all case details that come to mind.

What if I’m new to the practice area or specific legal issue?

While conducting legal research, it is easy to go down rabbit holes. Resist the urge to start by reviewing individual cases, which may prove irrelevant. Start instead with secondary sources, which often provide a prevailing statement of the law for a specific topic. These sources will save time and orient you to the area of the law and key issues.

Litigation Practical Guidance provides the essentials including step-by-step guidance, expert legal analysis, and a preview of next steps. Source citations are included in all Practical Guidance, and you can filter Points of Law, Smart Code®, and court opinions searches to get the jurisdiction-specific cases or statutes you need.

Searching across Points of Law will help to get your bearings on an issue before diving into reading the cases in full. Points of Law uses machine learning to identify key legal principles expressed in court opinions, which are easily searchable by keyword and jurisdiction. This tool helps you quickly find other cases that have expressed the same Point of Law, and directs you to related Points of Law that might be relevant to your research. It is automatically updated with the most recent opinions, saving you time and helping you quickly drill down to the relevant cases.

How do I respond to the opposing side’s brief?

Whether a brief is yours or that of the opposing party, Bloomberg Law’s Brief Analyzer is an essential component in the legal research process. It reduces the time spent analyzing a brief, identifying relevant authorities, and preparing a solid response.

To start, navigate to Brief Analyzer available from the Bloomberg Law homepage, within the Litigation Intelligence Center , or from Docket Key search results for briefs.

Simply upload the opposing side’s brief into the tool, and Brief Analyzer will generate a report of the cited authorities and arguments contained in the brief.

You can easily view a comparison with the brief and analysis side by side. It will also point you directly to relevant cases, Points of Law, and Practical Guidance to jump start your research.

[ How to Write a Legal Brief – Learn how to shorten the legal research cycle and give your legal brief a competitive advantage.]

How to optimize your search.

Crafting searches is a critical skill when it comes to legal research. Although many legal research platforms, including Bloomberg Law, offer natural language searching, terms and connectors (also called Boolean) searching is still a vital legal research skill and should be used when searching across court opinions, dockets, Points of Law, and other primary and secondary sources.

When you conduct a natural language search, the search engine applies algorithms to rank your results. Why a certain case is ranked as it is may not be obvious. This makes it harder to interpret whether the search is giving you everything you need. It is also harder to efficiently and effectively manipulate your search terms to zero in on the results you want. Using Boolean searching gives you better control over your search and greater confidence in your results.

The good news? Bloomberg Law does not charge by the search for court opinion searches. If your initial search was much too broad or much too narrow, you do not have to worry about immediately running a new and improved search.

Follow these tips when beginning a search to ensure that you do not miss relevant materials:

• Make sure you do not have typos in your search string.
• Search the appropriate source or section of the research platform. It is possible to search only within a practice area, jurisdiction, secondary resource, or other grouping of materials.
• Make sure you know which terms and connectors are utilized by the platform you are working on and what they mean – there is no uniform standard set of terms of connectors utilized by all platforms.
• Include in your search all possible terms the court might use, or alternate ways the court may address an issue. It is best to group the alternatives together within a parenthetical, connected by OR between each term.
• Consider including single and multiple character wildcards when relevant. Using a single character wildcard (an asterisk) and/or a multiple character wildcard (an exclamation point) helps you capture all word variations – even those you might not have envisioned.
• Try using a tool that helps you find additional relevant case law. When you find relevant authority, use BCITE on Bloomberg Law to find all other cases and/or sources that cite back to that case. When in BCITE, click on the Citing Documents tab, and search by keyword to narrow the results. Alternatively, you can use the court’s language or ruling to search Points of Law and find other cases that addressed the same issue or reached the same ruling.

[Bloomberg Law subscribers can access a complete checklist of search term best practices . Not a subscriber? Request a Demo .]

How can legal research help with drafting or strategy?

Before drafting a motion or brief, search for examples of what firm lawyers filed with the court in similar cases. You can likely find recent examples in your firm’s internal document system or search Bloomberg Law’s dockets. If possible, look for things filed before the same judge so you can get a quick check on rules/procedures to be followed (and by the same partner when possible so you can get an idea of their style preferences).

Careful docket search provides a wealth of information about relevant cases, jurisdictions, judges, and opposing counsel. On Bloomberg Law, type “Dockets Search” in the Go bar or find the dockets search box in the Litigation Intelligence Center .

If you do not know the specific docket number and/or court, use the docket search functionality Docket Key . Select from any of 20 categories, including motions, briefs, and orders, across all 94 federal district courts, to pinpoint the exact filing of choice.

Dockets can also help you access lots of information to guide your case strategy. For example, if you are considering filing a particular type of motion, such as a sanctions motion, you can use dockets to help determine how frequently your judge grants sanctions motions. You can also use dockets to see how similar cases before your judge proceeded through discovery.

If you are researching expert witnesses, you can use dockets to help determine if the expert has been recently excluded from a case, or whether their opinion has been limited. If so, this will help you determine whether the expert is a good fit for your case.

Dockets are a powerful research tool that allow you to search across filings to support your argument. Stay apprised of docket updates with the “Create Alert” option on Bloomberg Law.

Dive deeper into competitive research.

For even more competitive research insights, dive into Bloomberg Law’s Litigation Analytics – this is available in the Litigation tab on the homepage. Data here helps attorneys develop litigation strategy, predict possible outcomes, and better advise clients.

To start, under Litigation Analytics , leverage the Attorney tab to view case history and preview legal strategies the opposition may practice against you. Also, within Litigation Analytics, use the Court tab to get aggregate motion and appeal outcome rates across all federal courts, with the option to run comparisons across jurisdictions, and filter by company, law firm, and attorney.

Use the Judge tab to glean insights from cited opinions, and past and current decisions by motion and appeal outcomes. Also view litigation analytics in the right rail of court opinions.

Docket search can also offer intel on your opponent. Has your opponent filed similar lawsuits or made similar arguments before? How did those cases pan out? You can learn a lot about an opponent from past appearances in court.

How do I validate case law citations?

Checking the status of case law is essential in legal research. Rely on Bloomberg Law’s proprietary citator, BCITE. This time-saving tool lets you know if a case is still good law.

Under each court opinion, simply look to the right rail. There, you will see a thumbnail icon for “BCITE Analysis.” Click on the icon, and you will be provided quick links to direct history (opinions that affect or are affected by the outcome of the case at issue); case analysis (citing cases, with filter and search options), table of authorities, and citing documents.

How should I use technology to improve my legal research?

A significant benefit of digital research platforms and analytics is increased efficiency. Modern legal research technology helps attorneys sift through thousands of cases quickly and comprehensively. These products can also help aggregate or summarize data in a way that is more useful and make associations instantaneously.

For example, before litigation analytics were common, a partner may have asked a junior associate to find all summary judgment motions ruled on by a specific judge to determine how often that judge grants or denies them. The attorney could have done so by manually searching over PACER and/or by searching through court opinions, but that would take a long time. Now, Litigation Analytics can aggregate that data and provide an answer in seconds. Understanding that such products exist can be a game changer. Automating parts of the research process frees up time and effort for other activities that benefit the client and makes legal research and writing more efficient.

[Read our article: Six ways legal technology aids your litigation workflow .]

Tools like  Points of Law ,  dockets  and  Brief Analyzer  can also increase efficiency, especially when narrowing your research to confirm that you found everything on point. In the past, attorneys had to spend many hours (and lots of money) running multiple court opinion searches to ensure they did not miss a case on point. Now, there are tools that can dramatically speed up that process. For example, running a search over Points of Law can immediately direct you to other cases that discuss that same legal principle.

However, it’s important to remember that digital research and analytical tools should be seen as enhancing the legal research experience, not displacing the review, analysis, and judgment of an attorney. An attorney uses his or her knowledge of their client, the facts, the precedent, expert opinions, and his or her own experiences to predict the likely result in a given matter. Digital research products enhance this process by providing more data on a wider array of variables so that an attorney can take even more information into consideration.

[Get all your questions answered, request a Bloomberg Law demo , and more.]

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Legal Writing I & II: Legal Research and Writing & Introduction to Litigation Practice

(0 reviews)

Ben Fernandez

Copyright Year: 2020

ISBN 13: 9798746520340

Publisher: Ben Fernandez

Language: English

Formats Available

Conditions of use.

Table of Contents

• Introduction
• Part I: Objective Writing
• 1. Sources of Law
• 2. Legal Research 
• 3. Briefing Cases
• 4. Applying Cases and Analogical Reasoning
• 5. Analyzing Statues and Marshaling Facts
• 6. Citation
• 8. Objective Legal Memoranda
• 9. Other Examples of Legal Writing
• 10. Improving Your Writing
• Part II: Persuasive Essay
• 11. Credibility
• 13. Ethical Rules for Advocacy
• 14. Civil and Appellate Procedure
• 15. Requirements for Civil Motions and Standards for Appeals
• 16. Persuasive Writing
• 17. Memoranda in Support of MOtions
• 18. Motion Session
• 19. Appellate Briefs
• 20. Oral Argument
• Case Briefing Exercise
• Clampitt v. Spencer
• Eppler v. Tarmac
• Sample Case Briefs
• Clampitt v. Spencer Brief
• Eppler v. Tarmac Brief
• Case Analogy Exercise
• Malczewski v. Florida
• Sample Case Analogy
• IRAC Exercise
• Young v. Kirsch
• State Farm V. Mosharaf
• Southland v. Thousand Oaks
• Sample IRAC
• Legal Memorandum Exercise 
• Sample Legal Memorandum
• About the Author

Ancillary Material

About the book.

Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice contains a brief discussion of all of the topics covered in a law school courses on legal writing, including a typical first semester course on legal research, analysis and writing an objective memorandum, as well as a second semester course on persuasion and writing an appellate brief, motion to dismiss or motion for summary judgment. The discussion focuses on the basics of analogical reasoning and persuasion and leaves out the minutiae. Each topic is taken one step at a time, with each step building on the step before it. The sources of law are presented first, then legal research, and reading and analyzing cases and statutes. The book covers analogizing a case to a fact pattern and marshaling the relevant facts to the elements of a statutory rule next. And then first section of the book concludes with legal citation, CRAC and CREAC, and writing a legal research memorandum. The text also includes a lot of samples and examples of how the author would write a case brief, a legal memoranda and an appellate brief, as well as an appendix with charts, outlines and exercises students can use to practice these skills. Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice covers all the skills students need to know to work at a law firm, and everything students have to learn to begin practicing in litigation department of a firm.

About the Contributors

Ben Fernandez,  University of Florida Levin College of Law

Contribute to this Page

Course Overview

First-Year Legal Research and Writing Program

1 North   Griswold Hall 1525 Massachusetts Avenue Cambridge ,  MA 02138

Before you begin your studies in the First-Year Legal Research and Writing Program (LRW), it will help you to situate the course in the broader context of your legal education and your future law practice. To follow is a brief overview of the program, and an introduction to several themes that will recur throughout the year.

Program Overview

LRW uses a series of writing, research, and advocacy projects to engage you in the process of legal reasoning. The course instructs you in basic methods of legal analysis, effective written and oral communication of your analysis, and essential legal research tools and methodologies.

The first semester of LRW focuses on the writing of two predictive memos, in which you assess the arguments on each side of the issue and predict which side would prevail.  In the spring, you will learn how to write an appellate brief, in which you present your client’s best arguments to a court. For all three assignments, you will produce both a draft and a final version, the better to respond to feedback and hone your writing and analysis.  In practice, as in LRW, the writing process will help you take your internal understanding of an issue and make it external, so that you may hold it at arm’s length and examine it critically. As novice lawyers become expert lawyers, they develop greater ability to monitor their own level of understanding, and may resort somewhat less frequently (although not infrequently) to a formal written product like a predictive memo. Nevertheless, even when they eschew a formal written memo, they continue to apply the same analytical steps that are required to complete the writing assignments you will undertake in this course.

Lawyers cannot provide effective representation unless they master the necessary research skills. At a minimum, lawyers must be able to find and update the constitutional provisions, statutes, regulations, and cases that determine their clients’ rights and obligations. To that end, the legal research component of LRW will introduce you to core tools and methodologies that will be essential in your internships next summer, as well as in your future law practice. Indeed, without such skills you will have a difficult time satisfying your employers and competing with fellow students in summer practice and the early years of law practice. More advanced research instruction is available in upper-level elective courses.

LRW’s learning model depends on the substantial feedback that we provide on your work. LRW will likely be the first law school course in which you receive any feedback on written work, and it will be the course in which you receive the most individual feedback by far. Keep in mind that our goals for your achievement are quite high, in keeping with your potential. Our feedback will naturally focus on areas for improvement, so you ought not interpret this emphasis negatively. Our feedback is intended not to discourage you, but to facilitate your learning.

LRW meets weekly in the fall and spring semester of your first year. LRW is graded Honors, Pass, Low Pass, and  Fail.

In the fall semester, you will complete two major writing assignments. The first is a  “Closed Memo,” in which you write a predictive memo based on a set of research materials that are provided for you. The second is an “Open Memo,” in which you must research the applicable law and write a predictive memo based on your own research.

In the spring semester, the major course assignment is the First-Year Ames Moot Court Program. Working in pairs, you will research and draft an appellate brief concerning a simulated case set in a federal or state appeals court. At the end of the semester, you will argue your case before a three-judge panel. Judges are drawn from Harvard Law School faculty, practicing lawyers, and upper-level law students. With this course overview in mind, we turn next to a discussion of several recurring themes in LRW.

The Conventions of Legal Discourse

Any discourse community has its own discourse conventions, and lawyers have done a particularly thorough job of developing theirs. LRW is intended to familiarize you with these discourse conventions.

LRW introduces you to the generally accepted modes of legal reasoning: rule-based reasoning; analogical reasoning; and policy reasoning. As you progress through the course assignments, you will see the interdependence among these three modes of legal reasoning. When LRW turns to advocacy, you will learn how lawyers use narrative devices to complement the conventional modes of legal reasoning and make their arguments more persuasive.

Discourse conventions govern not only the modes of argument, but also the authorities that frame the argument. You will learn what types of materials constitute acceptable sources of authority in legal discourse, as well as the different hierarchies within which those authorities exist.

Most concretely, LRW will introduce you to two basic forms through which lawyers communicate their legal reasoning. You will learn the conventions applicable to a predictive memo and an appellate oral argument.

Of course, you will be learning the conventions of legal discourse in all of your first-year courses, indeed in all of law school. LRW, however, is intended to focus very specifically on the conventions themselves, more so than in your other courses.

Legal Reasoning and Judicial Discretion

Throughout your legal education, you will encounter a debate over the role of judicial discretion in adjudication. At the extremes, some would suggest that adjudication is rationally constrained by the available legal authorities, while others would argue that adjudication is effectively constrained only by the judge’s own beliefs and values. LRW is not intended to resolve that debate. Nevertheless, your work in this course should illustrate several different concepts about the degrees to which legal authorities can constrain judicial discretion.

Over the course of the year’s projects, you should see that a series of authorities applying the same rule can restrict–at least to some degree–the decision in a future situation governed by that rule. For example, if a statute says “No vehicles in the park,” and the state’s highest court interprets the statute to mean no “motor vehicles,” you can be pretty sure that the statute won’t prohibit you from riding your elephant through the park.

One might think that the ever-increasing number of decisions necessarily increases the degree of constraint. That may be so in some situations, but several factors can have a destabilizing influence. One such factor is the contingent nature of language. You may have seen in other contexts, and you will surely see in your legal career, that saying more about a topic often creates more uncertainty, not less. Each new opinion creates the potential for misstatement and misunderstanding, enabling future lawyers to reinterpret the pre-existing rule. A second destabilizing factor is the social context of our legal system. Authorities rest on a foundation of policy, of societal goals and values, even if those values are not always stated explicitly. As societal goals and values shift, a body of law resting on the discarded goals and values may become obsolete, and eventually reoriented in support of a new rule.

Finally, you should recognize that the limits on judicial discretion are often less substantial than they might seem at first. Each of the major projects in LRW should demonstrate that, with regard to a given legal problem, there is usually more than one possible outcome, even if one outcome seems more likely than the others. Skilled lawyers read authorities with a critical eye, constantly on the lookout for the gap of ambiguity within a seemingly solid wall of legal authorities.

Tension Between the Abstract and the Concrete

To complete any substantial task of legal analysis, the lawyer must at some point bridge the boundary between the abstract and the concrete. Rules rarely, if ever, cover every situation imaginable. For example, the “No vehicles in the park” statute could simply list every make and model of car and truck in existence, to clarify that they are all prohibited from the park. But the rule would be unmanageably long, and new makes and models would come into existence after the rule’s enactment. So the drafters would instead choose a term to describe the category of situations to which their rule was addressed. Rules that denote categories rather than specific situations necessarily involve a degree of abstraction, whether a moderate degree (e.g., “motor vehicle”) or a substantial degree (e.g., “best interest of the child”).

Fortunately for us, this inherent uncertainty is one of the things that makes law practice a creative endeavor. For example, if the vehicles in the park statute referred to “motor vehicles,” would that include airplanes? Mopeds? Golf carts? The “Segway” personal scooters? Lawyers and judges would try to use the policies underlying the rule and analogies to prior decisions to decide each example. But the jump from abstract to concrete would involve a measure of uncertainty, and it is this uncertainty that allows lawyers to make plausible arguments on both sides of a case.

Your Audience

In the oral and written communications that you undertake in this course, you must focus not only on the substantive ideas that you try to communicate, but also on the way in which your audience will receive those ideas. Communication is a two-step process, and even brilliant arguments suffer if the audience is distracted by substandard prose. That is why the feedback in this course will consider the form and style of your writing.

Additionally, you must recognize that your audience has a particular task before it, and will be using your communication (i.e., your memo, brief, or oral argument) as an instrument in completing that task. The audience’s task will often be to decide how to advise a client or rule in a case. To be effective, your communication must be suited to your audience’s needs. So in a memo addressed to an attorney who must decide how to advise a client, simply stating your prediction is not enough. You must also help the attorney understand the applicable legal standard and its likely application, as well as any plausible counter-arguments and the reasons why those arguments would not prevail. Only then will your communication allow the attorney to make an informed decision about how to advise the client.

You are at the start of a fascinating journey. We in the First-Year Legal Research and Writing Program wish you great success and enjoyment as you begin your legal education.

legal writing

Primary tabs.

Legal writing is any type of writing within the legal profession that seeks to confer legal information to others that is usually clear, concise, and above all, accurate. In many legal settings, specialized forms of written communication are required. In many others, writing is the medium in which a lawyer must express their analysis of an issue and seek to persuade others on their clients' behalf. Some of the most common forms of legal writings include briefs , memoranda , client letters, and even judicial opinions .

There are generally two types of legal writing. 

The first type requires a balanced analysis of a legal problem or issue. Examples of the first type are interoffice memoranda and letters to clients. To be effective in this form of writing, the lawyer must be sensitive to the needs, level of interest and background of the parties to whom it is addressed. A memorandum to a partner in the same firm that details definitions of basic legal concepts would be inefficient and an annoyance. In contrast, their absence from a letter to a client with no legal background could serve to confuse and complicate a simple situation.

The second type of legal writing is persuasive. Examples of this type are appellate briefs and negotiation letters written on a client’s behalf. The lawyer must persuade his or her audience without provoking a hostile response through disrespect or by wasting the recipient's time with unnecessary information. In presenting documents to a court or administrative agency he or she must conform to the required document style.

The drafting of legal documents, such as  contracts  and  wills , is yet another type of legal writing. Guides are available to aid a lawyer in preparing the documents but a unique application of the "form" to the facts of the situation is often required. Poor drafting can lead to unnecessary litigation and otherwise injure the interests of a client.

The legal profession has its own unique system of  citation . While it serves to provide the experienced reader with enough information to evaluate and retrieve the cited authorities , it may, at first, seem daunting to the lay reader.  Court rules  generally specify the citation format required of all memoranda or briefs filed with the court. These rules have not kept up with the changing technology of legal research. Within recent years, online and disk-based law collections have become primary research tools for many lawyers and judges. Because of these changes, there has been growing pressure on those ultimately responsible for citation norms, namely the courts, to establish new rules that no longer presuppose that a publisher's print volume (created over a year after a decision is handed down) is the key reference. Several jurisdictions have responded and many more are sure to follow.

Key Internet Sources

• LII: Basic Legal Citation

Other Topics

• Category: Legal Education & Practice

[Last updated in June of 2023 by the Wex Definitions Team ]

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18 Legal Writing Based on Research

• Published: January 2020
• Cite Icon Cite
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Like other forms of legal writing, such as client-related writing for litigation and transaction purposes and norm-creating legal writing in the form of legislation and judgments, academic legal writing based on research has great importance for legal development. Its forms include research report, article, notes/comments, and book review. Clarity of expression, continuity of thought, coherent presentation, and readability are the ideals to be attained. Formulation of ideas by responding to data and perspectives of legal ideals is a good starting point for preparation of a draft. Sketching the outline or synopsis or writing an abstract provides some shape to the draft thesis. Writing with originality and by due acknowledgement of sources; maintaining fairly high level of discussion; and writing without bias, deviations and repetition contribute to quality writing. Finally, post-draft refinement should address the issues of avoiding errors of language, subject, and technicality of references.

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Law 792-GRD: Legal Research and Writing for LLMs: Unit 1: Overview

• Unit 1: Overview
• Unit 2: Courts
• Unit 3: Cases
• Unit 4: Statutes
• Unit 5: Regulations
• Legal Encyclopedia
• Restatements, Uniform Laws & Model Acts
• Legal Periodicals
• American Law Reports
• Unit 7: Intermediation
• Unit 8: Searching
• Unit 9: Planning & Process
• Unit 10: Putting It All Together

UNIT 1 OVERVIEW

This page will provide you with an overview of legal information and introduce you to the sources of American law.

At the end of this lesson you should be able to:

• Name the four sources of American law
• Articulate the difference between a primary and secondary source
• Explain the use of a primary source of law.
• Explain the use of a legal secondary source

What is Legal Research?

An initial step in developing legal research expertise is to develop an understanding of the types of materials that constitute "the law," and of the relationships between these materials. When researching a legal issue, it is often necessary to explore statutes (legislative enactments), cases (opinions of the judiciary), and/or regulatory materials (administrative agency regulations and decisions). All these types of materials are considered "primary sources."Additionally, most resources look at at least one supplementary resources, called "secondary sources," to aid their research process.

A common, and sometimes significant, challenge for a novice researcher is to gain a perspective on how such sources may apply to a particular subject matter and how they relate to each other. Typically a researcher will need to consult multiple sources and utilize different techniques for each type of resource. To further complicate the matter, a given problem may require a researcher to consult relevant materials may on any or all of the federal, state, or local levels.

With all this in mind it is easy to see why the structures, terminology, resources, and vocabulary are an essential starting point for anyone looking to learn about legal information.

**Quoted from J. Myron Jacobstein and Roy M. Mersky, Fundamentals of Legal Research, 8th ed. (Foundation Press, 2002) p. 1.

Mandatory and Persuasive Authority: A diagram

Additional Resources

Legal Research in a Nutshell, Ch. 1, pp. 1-14

Outline of American Law

When most people think of "the law" they think of those laws that are passed by the legislature. In reality the American legal system is a complex interplay of different types of law coming together to create a complete legal framework. These types of law typically follow the structure of American government, with laws being created by the legislative, judicial, and executive branch. Understanding each of these pieces, their role, and how they work together, is essential for legal research.

In the United States the four sources of law are:

• Constitutions :   establish the form of government and enumerate its powers, as well as the rights and liberties of its citizens. In the United States constitutions are the highest legal authority at both the state and federal level.​  
• Statutory Law (legislation) : laws passed by an elected legislative body, such as the United States Congress or the Illinois General Assembly. Legislation is generally prospective in nature, time-sensitive, and organized by topic into codes.  
• Case Law (court opinions) : is created by the courts through the assembled, published appellate decisions of a jurisdiction and is binding law on the lower courts in that jurisdiction. Courts only make law on the cases brought before them. Thus, case law is reactive in nature, made in response to a dispute, and restricted to the boundaries of that dispute.  
• Administrative Law : decisions, rules, and regulations made by the constitutional offices and administrative agencies of the executive branch. When authorized by enabling legislation, agencies promulgate rules that specify how they will carry out the law. These rules, or regulations, are collected into a topical code, similar to legislation.

Primary v. Secondary Sources: what is the difference?

When discussing legal resources it is important to know the difference between primary and secondary  legal materials.

Primary sources are those resources which are the law itself . That means a primary source would be one of the four sources listed above. Lawyers use primary authority to determine what the law says about a given matter. Identifying and aggregating these materials in order to solve legal problems is what legal research is all about.

Primary sources can be persuasive or mandatory. Mandatory authority is the term used for constitutions, cases, statutes, or regulations the court must follow. A primary material is mandatory when it is binding in a given jurisdiction. For legislative and administrative materials this is often easy to figure out: Illinois statutes are binding in Illinois. Making a determination as to whether a case is mandatory takes a bit more skill. Stated as a simple rule the concept is lower courts are required to follow decisions from higher courts in the same jurisdiction.

Primary Sources can also be persuasive authority. The term persuasive authority refers to any material the court may choose to follow or consider, but which the court does not have to adhere to when making its determination. Thus, primary law from another jurisdiction or a lower court may be used as persuasive authority.

Secondary resources are those materials which analyze, editorialize, summarize, or comment on the law. These materials do not have the force of law, but can be very helpful to legal researchers. While these materials are not usually used to support arguments in the way primary materials are, they can be cited for persuasive value. More importantly, these materials can help legal researchers understand the area of law in which they are researching and even connect them to valuable primary sources.

Secondary sources are always persuasive and rarely cited to the court.

When conducting legal research it is important to be mindful of the differences between secondary and primary materials. This concept will be discussed further in other units.

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• Next: Unit 2: Courts >>
• Last Updated: Oct 18, 2023 9:44 AM
• URL: https://libguides.law.illinois.edu/law792g

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Legal Writing at Duke Law School

Learning to write like a lawyer is perhaps the greatest challenge of legal education. The writing faculty support Duke Law students in all of their writing endeavors, helping them to develop and perfect the skills necessary to produce top-quality legal writing.

First-year Legal Analysis, Research, and Writing Program

Duke Law School's first-year Legal Analysis, Research, and Writing Program evidences the Law School's strong commitment to writing and research excellence. The Program, supplemented by the Legal Writing Resources website, emphasizes the integration of legal analysis, writing, and research, and helps students to understand and consider the legal audience for whom they are writing. The research and writing faculty are paired for each section of students, providing opportunities for team-teaching and specialized instruction throughout the year-long course. (The writing faculty for the first-year course are listed below.) In writing assignments, which range from short office memos to trial and appellate briefs, students master sophisticated research skills, complex analysis, careful construction of legal arguments, and the special requirements of legal prose. The intertwined research and writing tasks additionally enhance the retention of research skills and promote more effective research strategies.

The Legal Analysis, Research and Writing Program is also distinguished by its use of writing faculty with substantial past law practice who have moved into the teaching of writing as their primary professional commitment and research faculty who are part of the Law School's professional reference librarians, all of whom are also lawyers. Duke was one of the first top-tier law schools to employ writing faculty whose first professional commitment is teaching; at a number of other top-tier schools, these courses are still taught by upperclass law students, recent law graduates, or practitioners who serve as adjunct professors. The blend of academic strength and first-rate practical experience in the Duke Law Program results in a rigorous and richly rewarding experience.

Upper-Level, Advanced Legal Writing Courses

Duke Law School's upper-level advanced legal writing courses provide students with opportunities to hone further the legal writing skills taught in the first year. These courses are geared to specific subject-matter or legal writing settings, taught by the writing faculty in small seminars, and include substantial feedback to students on their written products. Some of these courses also involve continued instruction in legal research.

Contract Drafting

Prof. Diane Dimond has taught this course which teaches basic practical skills in contract drafting through written drafting exercises. While the skills taught are basic, they are readily translatable to more sophisticated contracts, such as those that Duke Law students can expect to see and draft in practice. » more info

Legal Writing In Civil Practice

This course helps prepare students for the rigors of legal analysis and writing in general civil practice by providing a variety of writing experiences including opinion and demand letters, pleadings, motions, and trial briefs. It culminates in oral arguments on motions before members of the bench and bar. » more info

This two-credit course introduces the components of contracts, a formal vocabulary for discussing them, and the skill of translating business deals to the page. Contract Drafting features writing exercises that will be done both in and outside of class. In addition, extensive peer and instructor editing will be used. While the skills taught will be basic, they will also apply to more sophisticated contracts, including those that Duke Law students can expect to see and draft in practice. While this writing-intensive course fulfills the upper-level professional skills requirement, because performing significant independent legal research is not a part of it, it does not fulfill the substantial research and writing project requirement. » more info

Writing: Drafting Legislation

Professor William Blais teaches this course in which students will follow a topic of their own interest and produce a substantive proposal for legislation, along with supporting research and technical reports. The course will appeal to students who are interested in public policy, public interest law, or advocacy through the legislative process. The class will emphasize the development of writing skills that enable the execution of policies through the creation of rules, procedures, duties, rights, and sanctions. In addition to substantive writing, the students will participate in interactive oral defense and advocacy of their proposed legislation. » more info

Writing: Federal Litigation

Professor Allison Kort teaches this advanced writing course, which helps prepare students for the writing challenges specific to litigating large federal cases. Students will be required to complete various writing assignments surrounding one hypothetical federal problem, including a client letter; a complaint or answer, a discovery request, and a motion for summary judgment. Coursework will involve research, preparation of initial drafts and final revisions of documents, instructor feedback, and peer review of written materials. The course will culminate in oral argument on cross-motions for summary judgment. » more info

Scholarly Writing Workshop

In this course, students will produce an original analytic paper of substantial length. Papers must involve significant and thorough independent research, be well-written, and provide appropriate sourcing. Participants are free to choose any topic that may be addressed seriously in an article-length piece and that may be written during one semester. » more info

Judicial Writing

This two-credit course is intended to appeal to any student who is interested in or who’s already been hired for a judicial clerkship. The course offers each student the opportunity to focus on and assess the writing style practiced by the judge for whom each will be clerking (or another whose opinions she or he admires). In addition, the students will practice forms of legal writing that they, as clerks, will be drafting for their judges—a bench memorandum, a majority opinion, and a concurrence or dissent. The focus here is on organized, clear, effective formal writing, which is the focal point of both. » more info

This course is an introduction to several different types of persuasive writing used in federal litigation. The simulated writing exercises will focus on one hypothetical matter involving federal law. » more info

Mediation Advocacy

In this advanced experiential seminar, students explore the fundamentals of mediation theory and practice from the perspective of the mediator, the attorney, and the client.  Students have the opportunity to practice persuasive writing as they draft pre-mediation statements, and will learn the essential elements of drafting agreements memorializing your settlements.  By engaging in all phases of the mediation process, students not only improve their social and emotional competence, they will develop skills that will be useful in client interviewing and counseling, fact development and legal analysis, and a variety of other contexts beyond mediation.  » more info

Ethics In Action: Large Firm Practice

This two-credit course offers an opportunity to hone critical practice skills while gaining a background in the law governing lawyers. Students analyze and resolve simulated ethical quandaries that might be encountered in the general counsel’s office of a large firm, presenting their proposed resolution in class or in written form. The course builds upon research and writing concepts from LARW while adding skills often used in practice but seldom encountered in law school—making collaborative presentations, writing as a team, and re-writing in response to feedback.  » more info

Federal Indigent Defense in Practice

This skills-based simulation course focuses on writing as an advocate for the accused and developing foundational practical skills and substantive legal knowledge needed to prepare a strong defense. The course focuses on the real cases of several indigent defendants convicted of federal crimes and is structured around preparing a direct appeal from the viewpoint of a solo practicing attorney appointed at the direct appeal stage. Each student will work on preparing one defendant’s case throughout the semester.   » more info

Legal Writing for Non-Legal Audiences

Not all legal communications are directed at judges and lawyers.  This advanced seminar focuses on communicating legal ideas to non-legal audiences with different goals, values, and knowledge bases.  Students will explore how to counsel clients, engage with industry, manage media relations, and leverage platforms such as social media to communicate legal concepts in a broadly understandable manner.  The course combines communication theory with practical workshops, role-playing exercises, guest speakers, and case studies.  By the end of the course, students should feel equipped with the comprehensive communication toolkit needed for a modern, dynamic legal practice.  » more info

Writing: Electronic Discovery

This advanced writing seminar helps to prepare students for the types of writing that are common to all civil litigation, while introducing them to electronic discovery. Writing assignments will all surround one hypothetical federal lawsuit that raises electronic discovery issues that arise in most civil litigation. Students will be associates in a hypothetical law firm and will handle the electronic discovery aspects of the firm’s defense of the lawsuit. » more info

Student Scholarship Workshop

This workshop provides students the opportunity to share their scholarship with other students. Students present their writings and receive feedback from peers and guidance from faculty advisors. » more info

Legal Writing for LLM Students

Legal analysis, research, and writing for international students.

Duke Law School recognizes that LLM students will be writing in English for US lawyers and clients during their careers. It therefore requires as part of the LLM curriculum a one-semester legal analysis, research, and writing course. The course trains students in US-style reasoning and analysis, preparing them for law school exams. It teaches them how to locate US law in hard copy and electronic resources. It challenges them to write in the direct, succinct style preferred by US lawyers and business people. Students improve their written English through numerous opportunities to review and revise their work. Taught in small sections by faculty who have practiced law and have extensive experience with international lawyers, the course prepares international LLM students for a transnational career.

Advanced Legal Writing Workshop for LLM Students

In their second semester, LLM students may attend the Advanced Legal Writing Workshop for LLM Students. The Workshop gives international students additional instruction on US-style writing. Topics of the workshop include standards for academic research papers, letters, and contracts.

Summer Institute for Law, Language and Culture

The Summer Institute for Law, Language and Culture is a four-week intensive course introducing students to legal English, the U.S. legal system, and the law school experience. Through small-group class interaction, encounters with lawyers, judges, and teachers, visits to courtrooms and law firms, and interaction with popular media, students will learn to read and produce good legal writing, to study and understand U.S. law, and to make the best possible use of their U.S. law school experiences. Because the study of law is a language-intensive task, SILLC is designed to increase proficiency in reading and hearing English, to develop confidence and skill in speaking and writing, and to facilitate personal adjustment to the culture of U.S. legal education. Small class size and individual attention from the instructors give students a concentrated and tailored teaching experience. » more info

In this section

• Legal Writing Resources
• Student Scholarship
• Bar Application

Legal Writing Faculty and Courses

• Director of Legal Writing Jeremy Mullem
• Assistant Director of Legal Writing Rebecca Rich
• Required First Year Writing Course Sarah Baker , Kendall Gray,   Melissa Hanson,   Catherine Lawson ,  Jeremy Mullem , Greg Pawlowski ,  Rebecca Rich , Casey Thomson
• Legal Analysis, Research and Writing for International Students Leslie Griffith ,  Rima Idzelis , Phyllis Lile-King , James Stuart
• Legal Writing in Civil Practice Catherine Lawson ,  Greg Pawlowski
• Contract Drafting Jeremy Mullem , Sarah Baker ,  Sarah Powell
• Scholarly Writing Workshop Jeremy Mullem , Rebecca Rich ,  Sarah Baker
• Judicial Writing Joan Magat
• Legal Writing: Craft & Style Joan Magat
• Writing: Federal Litigation Sarah Baker , Melissa Hanson
• Mediation Advocacy Casey Thomson
• Ethics In Action: Large Firm Practice Kendall Gray
• Federal Indigent Defense in Practice Sarah Powell
• Legal Writing for Non-Legal Audiences Catherine Lawson
• Writing: Electronic Discovery Rebecca Rich ,  Sarah Powell
• Advanced Legal Writing Workshop for LLM students Rima Idzelis
• Summer Institute for Law, Language and Culture Marily Nixon ,  Melissa Hanson

• Legal Writing and Research

Simply put, great lawyers are great writers. Our legal research and writing courses and skills training will teach you how to find the law, how to analyze it accurately for an employer or a judge, and how to communicate it persuasively to help your clients achieve their goals. Honing these essential skills will let you set yourself apart.

Communication skills and writing well are crucial to lawyers. Michigan Law’s Legal Practice Program offers a strong skills-based foundation in the first year that is reinforced throughout the rest of your legal education. Our goal is to prepare you to practice at a high level from the day you graduate. 

To help you develop these essential communication skills, the Legal Practice Program will be a central component of your first year. It reflects our commitment to begin preparing you for the practice of law starting on your first day of law school. By limiting class size to around 20 students, the program offers individualized and interactive instruction in legal research and analysis, legal writing, oral advocacy, negotiation, and transactional drafting. 

You will have many more opportunities to build your skills. We offer numerous upper-level electives like practice simulations, clinics, and externships, as well as extracurricular activities like student-run law journals and litigation and transactional competitions. These all help reinforce the skills you’ve already learned and let you develop new ones

Explore Legal Writing and Research

Featured courses.

Through our Legal Practice Program, we give first-year students a foundation in some of the skills most important to practicing law. These aren’t just writing classes. Students receive hands-on training for a wide variety of critical tools in a lawyer’s toolbox, from legal research and analysis to preparing briefs and other types of legal documents to oral advocacy and client interviews. 

In some Legal Practice sections, live-client work is integrated with the Program’s fundamental instruction on legal analysis, communication, research, and professional ethics. Through these efforts, our first-year law students have served hundreds of pro-bono clients in Michigan in partnership with local legal service providers.

After your first year, you will continue to develop these skills through upper-level electives and simulations that let students practice what they learned in the first year. Clinics allow students to sharpen their skills with actual clients while supervised by experienced lawyers. Students can also improve their legal skills through externships, summer programs, moot court competitions, and student-run law journals.

In addition to the courses and activities discussed above and listed below, the University’s Sweetland Center offers a graduate-level writing course that upper-class law students may take for academic credit.

Good Sentences is a digital writing resource library designed by the University of Michigan Law Library to help you find (and eventually produce) pieces of writing that are clear, compelling, and actually enjoyable to read. The library is curated by Professor Patrick Barry, who won the Wayne Booth Prize for Teaching Excellence at the University of Chicago.

• Clinical Professor of Law
• Director, Legal Practice Program

Howard J. Bromberg

• Legal Practice Program

Margaret Cernak

• Visiting Professor

Margaret C. Hannon

Kerry Kornblatt

• Clinical Assistant Professor of Law

Jessica Lefort

Mark K. Osbeck

Timothy M. Pinto

• Child Welfare Appellate Clinic

Beth H. Wilensky

"editing, vehicles in the park, and the virtue of clarity", "investigative advocacy: the mechanics of muckraking", impeccable research: a concise guide to mastering legal research skills.

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Also of interest.

Study Aids, Strategies & Exam Prep: Legal Research and Writing

• Types of Study Aids
• Civil Procedure
• Constitutional Law
• Criminal Law
• Legal Research and Writing
• 1L Year- Intro to Law School
• Administrative Law
• Business Organizations
• Constitutional Law II
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Legal Research Basics: General legal writing skills

Legal research basics.

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• Step 1: What is your research need?
• Step 2: Map out your research strategy
• Step 3: Undertake preliminary research
• Step 4: Do the research and evaluate the results
• Step 5: Finalise your research outcomes
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General Legal Writing Skills

Effective legal writing : a practical guide by Nichola Corbett-Jarvis, Brendan Grigg (2020)

The text introduces students to writing skills and explains how they are applied a legal context. It is designed as a course book for first year students with ongoing relevance as a resource book in subsequent years both in at law school and beyond.

Essential Skills for First Year Law Students by Samantha Kontra (2022)

This book describes and teaches essential legal skills and is designed to accompany a first year level introductory course taught to law students. Content is structured in an approachable way and tips and tricks are included so skills can be honed while also absorbing the whole of the first year curriculum.

Mastering Law Studies and Exam Techniques by Rick Krever (2019)

This is a discretionary student work for both law students and business students studying law that offers a guide to the theory of legal argumentation and explains, together with included sample exam questions, answers and comments, how those skills can be applied in law examinations

Legal Writing by Paula Baron; Lillian Corbin (2016)

Good legal writing is an inherently ethical practice and fundamental to professionalism and lawyering. This book emphasises the link between legal writing and ethics as it guides readers through phases of the writing process and helps them develop effective legal writing skills essential for both academic and professional contexts.

Grammar for lawyers by Michael Meehan, Graham Tulloch (2013)

Offers a succinct and practical guide to effective legal writing and to precise legal reading, drawing on both the expertise of professional grammarians and the analytical skills of judges in interpreting legal writing in the courts. The importance of understanding basic grammatical principles is placed in the context of judicial comment and analysis from Australia and other common law jurisdictions.

Legal usage : a modern style guide by Peter Butt (2018)

Legal Usage A Modern Style Guide is a clear, unambiguous guide to good legal usage. It highlights the techniques that legal writers in the common law tradition need for effective, compelling and readable legal writing.

How to Write Law Essays and Exams by S. I. Strong (2018)

How to Write Law Essays and Exams provides law students with a practical and proven method of analysing and answering essay and exam questions. The book focuses on those questions that give students the most trouble, namely problem questions, but its techniques are equally applicable to other types of essays.

Context and Method in Australian Law by Russell Hinchey (2019)

This textbook takes an innovative and novel approach to the teaching and learning of first-year law students. It is underpinned by active student learning though an inquiry-guided learning approach. Part 5 is devoted to legal research and writing skills.

Lawyers' Skills by Julian Webb; Caroline Maughan; Mike Maughan; Marcus Keppel-Palmer; Andrew Boon (2019)

Lawyers' Skills helps students develop the legal skills required for successful practice in the modern solicitor's firm. The book equips students with a solid understanding of the theory and concepts underpinning the key skills areas of legal writing and drafting, interviewing and advising, practical legal research, and advocacy.

Clear and precise : writing skills for today's lawyer by Ros Macdonald and Deborah Clark-Dickson (2010)

"Legalese" can be a huge deterrent to all those trying to understand legal forms and processes. This book is a manual that aims to encourage law students and lawyers to use plain English techniques in the language, structure, content, style and presentation of their writing.

Language and law : a resource book for students by Alan Durant and Janny H.C. Leung (2016)

Language plays an essential role both in creating law and in governing its implementation, Providing an accessible and comprehensive introduction to this subject, 'Language and Law' describes the different registers and genres that make up spoken and written legal language and how they develop over time; analyses real-life examples drawn from court cases from different parts of the world, illustrating the varieties of English used in the courtroom by speakers occupying different roles; addresses the challenges presented to our notions of law and regulation by online communication; discusses the complex role of translation in bilingual and multilingual jurisdictions, including Hong Kong and Canada.

Need a short introduction to legal grammar?

If you want a quick overview of legal grammar, you will find Chapter 3 'Effective Legal Writing' in Michael Meehan and Graham Tullock, Grammar for Lawyers (LexisNexis, 3rd ed, 2013) useful. It is available as Reading 6 'Effective Legal Writing' in Daniel Goldsworthy & Michelle Bendall (eds), Research and Statutory Interpretation (LexisNexis, 2021).

Spelling and Grammar

Spelling should adhere to the latest version of the Macquarie Dictionary. Where a word is not in the Macquarie Dictionary , use the Oxford English Dictionary (AGLC4 rule 1.9.1).

Grammar should be guided by the latest edition of Fowler's Modern English Usage (AGLC4 rule 1.9.2).

Other resources on legal writing skills

Monash University Law Library Legal Research and Writing Skills Guide

This useful collection of guides provides information on writing legal essays, writing case notes and writing legal memos.

Survive Law How to Write a Case Note

Survive Law is an Australian blog site of resources for law students

University of the Sunshine Coast Legal Research Skills

This guide contains useful resources on writing and study skills as well as case note writing.

Victoria Law Foundation - Plain language resources

Victoria Law Foundation - Legal Glossary

Developed in consultation with lawyers and law dictionary editors, this plain language glossary explains more than 450 common legal terms.

Victoria Law Foundation - Better Information Webinars

Our better information webinars connect you to communications experts to equip you with the skills you need to produce interesting and engaging information. Previous sessions have focused on web design, podcasting, social media and design thinking.

 Writing in Plain English video resources

Watch the video (8:25) by Associate Professor Douglas Guilfoyle, to learn more about writing in plan legal English.

University of Manchester - Academic Phrasebank

The Academic Phrasebank produced by The University of Manchester is a useful generic guide on academic writing skills.

Sections include:

• Introducing Work
• Referring to Sources
• Describing Methods
• Reporting Results
• Discussing Findings
• Writing Conclusions
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Writing Resources for Legal Writers

• Home (Intro & Links to Other Guides)
• Legal Writing Texts
• Usage Guides & Texts

Articles with Writing Tips

Research on academic writing, research on legal writing, legal writing journals.

• Legal Terminology
• Writing Resources on the Web
• Videos About Writing
• Write to Counsel Series The legal writing faculty at UW Law contribute articles to a regular column in the Washington State Bar Association’s magazine, Washington State Bar News (formerly NWLawyer). That column—titled “Write to Counsel”—covers issues relevant to practicing attorneys, students, judges or anyone interested in effective legal writing.

The journals below contain scholarly and practical articles about diverse aspects of legal writing and legal research.  One journal ( Perspectives ) focuses primarily on theories and techniques for teaching legal writing and legal research—i.e., the pedagogy of legal writing and legal research.  The other journals cover a range of topics and issues involved in various types of legal writing, such as persuasive briefs, predictive legal memos, and drafting contracts or statutes.

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Legal Communications & Rhetoric: JALWD [ website ] [ HeinOnline ] [ Westlaw ]

Published by the Association of Legal Writing Directors (ALWD)

From the ALWD website:

• The mission of ALWD "is to advance the study of professional legal writing and lawyering and to become an resource and a forum for conversation between the legal practitioner and the legal writing scholar."
• "The Journal is dedicated to encouraging and publishing scholarship (1) focusing on the substance and doctrine of legal writing. Legal writing is broadly defined to include many types of writing in a lawyering setting; (2) grounded in legal doctrine, empirical research, or interdisciplinary theory; and (3) accessible, helpful and interesting to all 'do-ers' of legal writing: attorneys, judges, law students, and legal academicians. Published articles are intended to reach all of those audiences."

Legal Writing: The Journal of the Legal Writing Institute [ website ] [ HeinOnline ] [ Westlaw ]

Published by the Legal Writing Institute (LWI)

From the LWI website:

• "The goal of the Legal Writing Institute is to encourage a broader understanding of legal writing and the teaching of it."
• "The Legal Writing Institute established Legal Writing: The Journal of the Legal Writing Institute in 1988 to showcase the developing discipline of legal writing. The Journal’s mission is to provide a forum for the publication of scholarly articles about the theory, substance, and pedagogy of legal writing. Unlike most law reviews, which are student-edited, the Journal is peer-reviewed. Our Editorial Board is composed of faculty from law schools across the country and includes some of the leading scholars and academics in the field of legal writing."

Perspectives: Teaching Legal Research and Writing [ website ] [ HeinOnline ] [ Westlaw ]

Published by Thomson Reuters

From the Perspectives website:

• " Perspectives: Teaching Legal Research and Writing is an electronic journal published by Thomson Reuters two times a year for legal research and writing instructors and law firm and law school librarians. The journal provides a forum for discussing the teaching of legal research and writing, focusing on research materials, tools and theories. Among the subjects frequently covered in Perspectives are trends in electronic legal research; solutions to legal research problems; and recently published legal research and writing resources."
• Sign up to receive a free subscription to Perspectives

Scribes Journal of Legal Writing [ website ] [ HeinOnline ] [ Westlaw ]

Published by Scribes—the American Society of Legal Writers

From the Scribes website:

• "The Scribes Journal of Legal Writing is a publication of Scribes—The American Society of Legal Writers."
• "The Journal publishes articles, essays, notes, and other pieces on all facets of legal writing. Our readers include lawyers, judges, academicians, writing instructors, and a wide range of others interested in improving legal writing."
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Legal Research Methodology: Types And Approaches of Legal Research

Legal research methodologies explore unsettled legal questions, acquire and analyze relevant information, and apply findings to solve legal problems.

Let’s understand the definition of legal research methodologies and the types and approaches to Legal research methodologies.

Understand Legal Research Methodology

What is legal research methodology.

Legal research methodologies serve three main functions, exploring a legal problem, critically describing facts and legislation, and explaining or interpreting legal issues and concepts.

Why is a methodology needed in the first place?

The methodology is a means of inquiry to achieve these purposes in a meaningful way .

In legal research, the methodology;

• is a systematic inquiry that provides information to guide legal research,
• is the trained and scientific investigation of the principles and facts of any subject,
• helps the readers understand the research methods to discover the truth and evaluate the results’ validity,
• helps the researchers follow a consistent logic in research and prepare them to meet possible challenges,
• is also an important way to jam reliable and valid knowledge and explore the relationship between theory and practice.

Understanding research methods will help students conduct and write up their research monographs, dissertations, or theses systematically.

However, research methodology is different from research methods. ‘Research method’ usually implies all methods and techniques used to collect and process the data.

Thus, the method is a tool or technique such as a qualitative or quantitative method. It also includes interviews, case studies, or surveys.

On the other hand, research methodology refers to the body of methods that guide thinking within a specific field of study.

A methodology is a justification or rationale for the research approach and is concerned with the general strategy or approach of undertaking research.

Legal research methodology is a must.

It is vital for a researcher to know the research methodology and understand the underlying methodologies’ assumptions.

Researchers also need to know the criteria by which they can decide that certain methodologies will apply to certain problems.

Research methodology has been defined as the means of acquiring scientific knowledge. It has also been defined as a means to gather information and data to achieve a valid outcome.

Legal research methodology is simply a way of addressing and exploring unsettled legal questions or issues.

Legal research methodologies are techniques by which one acquires legally relevant information, analyzes, interprets, and applies them to resolve issues and present the findings.

Thus, legal research methodology is a scientific and systematic way to solve any legal question.

Legal research methodology also refers to rules of interpretation of legal problems and issues. It is a systematic effort to make an argument to arrive at a true or accurate account of the subject matter under consideration.

The researcher should explain properly why he uses a particular method to evaluate research results by the researcher himself or others. Adopting a particular methodology should stem from the research objective and purpose.

Types of Legal Research

Two types of Legal research are;

• Qualitative Research for Legal Research.
• Quantitative Research for Legal Research.

The main difference between qualitative and quantitative legal research is that; qualitative legal research is pure and applied research, concerned with the analysis of theories. Whereas quantitative legal research is concerned with testing the theories in the real world.

Depending upon the nature of the research question, legal research is also classified as descriptive and exploratory one.

Descriptive research attempts to describe a situation, problem, phenomenon, or behavior systematically. A description is concerned with making complicated things understandable and simple.

Exploratory research is undertaken to explore areas about which the researcher has little or no knowledge . It involves findings the reason for things, events and situations, showing why and how they have come to be what they are. Exploratory research enables the researcher to formulate problems for more in-depth study, develop hypotheses, and find the best solution.

Another popular distinction is between pure doctrinal research and non-doctrinal or empirical research.

While the former is theoretical work undertaken primarily to acquire new knowledge without a specific application, the latter is original work undertaken to acquire new knowledge with a specific practical application in view.

Doctrinal legal research is concerned with the analysis of legal theories, concepts, rules, and principles.

Most doctrinal legal research is based on the ‘black-letter law’ approach, which focuses on the knowledge of law found in the legal texts, legal theories, statutes, and court judgments with ‘little or no reference to the world outside the law.’

The doctrinal or ‘black-letter’ legal research aims to explain, systemize, and clarify the law on any particular topic by a distinctive mode of analysis.

In recent times, pure doctrinal legal research has been criticized for its rigidity, narrower scope, and inflexibility in addressing diverse contexts m which legal issues or situations arise and operate.

As a result, empirical or inter-disciplinary legal research emerged as a distinct type of legal scholarship in the law schools of western countries to study law in the broader social and political contexts.

This empirical and interdisciplinary legal research employs various social science and humanities methods. According to Epstein and King,

What makes research empirical is that it is based on observations of the world, in other words, data, which is just a term for facts about the world.

These facts may be historical or contemporary or based on legislation or case law, the results of interviews or surveys , or the outcomes of secondary archival research or primary data collection .

Another important classification is between qualitative and quantitative research.

Qualitative Research for Legal Research

Qualitative research is concerned with the explanation, interpretation, and understanding of phenomena or issues, or things. It relies primarily on human perception and understanding. It concerns the subjective assessment of the social or legal problem, situation, and attitude.

Qualitative research is critical in the behavioral sciences, where the aim is to discover the underlying motives of human behavior. A qualitative approach is concerned with the subjective assessment of attitudes, opinions, and behavior.

Quantitative research offers:

• richly descriptive reports of individual perceptions, attitudes, beliefs, views, and feelings,
• the meanings and interpretations are given to events and things, as well as their behavior;
• it displays how these are put together, more or less coherently and consciously,
• into frameworks that make sense of their experiences; and
• illuminates the motivations which connect attitudes and behavior, the discontinuities, or
• even contradictions between attitudes and behavior, or
• how conflicting attitudes and motivations are resolved in particular choices made.

Qualitative research is related to the analysis of some abstract idea, doctrine, or theory. It is generally used to develop new concepts or to reinterpret existing ones.

In qualitative research, researchers use analytical techniques and their views on the subject matter in question.

Qualitative research varifies the old established principles of laws. It may lead to discovering a new theory, refinement, or interpretation of an existing theory, principles, or legal issues.

On the other hand, empirical research relies on experience or observation alone, often without due regard for system and theory.

Qualitative research involves more explicit judgment, interpretation, or critical evaluation of a problem.

As far as legal study is concerned, the qualitative method is applied to analyze legal propositions or legal theories or doctrines and explore existing statutory propositions and cases in light of propositions or doctrines.

Qualitative research of law involves studying general theoretical questions about the nature of laws and legal systems, the relationship of law to justice and morality , and problems of application of law in a given society.

The main advantage of the qualitative method is that qualitative analysis draws on the interpretive skills of the researcher and opens up the possibility of more than one explanation being valid.

The main criticism of qualitative research is that it is too impressionistic and subjective. Qualitative findings rely too much on the researcher’s subjective assessment of views about what is significant.

The qualitative research findings tend to be open-ended, which is difficult to generalize: Many qualitative research works are doctrinal. Observation, interviewing, case study, examination, and analysis are the most common method of qualitative research.

Quantitative Research for Legal Research

Quantitative research for legal research is based on the measurement of quantity or amount. It consists of counting how frequently things happen. It applies to phenomena that can be expressed in terms of quantity. It is also known as the statistical method.

Because in quantitative research, researchers use an array of statistical methods and generalizations to determine the meaning of data.

It has been the dominant strategy for conducting socio-legal research. Quantitative methods often test or verify existing theories or hypotheses.

Quantitative research involves finding a solution to a real-life problem requiring an action or policy decision.

Quantitative research also tests many variables through the generation of primary data. The generalization process from sample to a population is an example of quantitative instead of qualitative research methodology.

Quantitative research can contribute new evidence, challenge old theories, and help conceptual clarification.

Usually, the quantitative approach involves generating data in quantitative form, which can be subjected to rigorous quantitative analysis formally and rigidly. Quantification can make it easier to aggregate, compare and summarise data.

Data can be collected from questionnaire surveys, fact-finding inquiries, and interviews. Data analysis is one of the important components of quantitative research.

The quantitative method is also sometimes termed an empirical approach as data are collected to test the hypothesis or examine the propositions or interpretations of findings.

Advantages of the Quantitative Legal Research Methods

• First, quantitative data are gathered by various forms of statistical techniques based on the principles of mathematics and probability. The analysis appears to be based on objective laws rather than the researcher’s values.
• Second, statistical tests of significance give researchers additional credibility in terms of their interpretations and their confidence in their findings.
• Third, quantitative data analysis provides a solid foundation for description and analysis.
• Fourth, large volumes of quantitative data can be analyzed relatively quickly, provided adequate preparation and planning have occurred in advance.
• Finally, tables and charts effectively organize quantitative data and communicate the findings to others.

The quantitative research method supplements traditional legal research to investigate the complexities of the law, legal actors, and legal activities.

Quantitative legal research is mostly applicable for conducting non-doctrinal, empirical, and socio-legal research . Objectivity remains the main aspect of quantitative research.

A set of rules or procedures should be followed in quantitative research, even though qualitative research tends to be more flexible.

While the researcher’s values and bias influence qualitative research, quantitative research seeks to report the findings objectively, and the role of the researcher is neutral.

Which One is Better – Quantitative or Qualitative Legal Research Methods?

To some extent, it depends on the training of the researcher and the nature of the research questions. But choosing one method in exclusion of others may be counterproductive for advancing legal scholarship.

Rather blending both quantitative and qualitative approaches can be the best way to accomplish the objectives of research work.

It is generally accepted that using more than one method strengthens the validity and credibility of the research.

5 Approaches to Legal Research

Legal research methodology is not particularly different from the research methodology used in other disciplines.

Nonetheless, it has some special attributes regarding source materials and ways of approaching the problems.

Researchers should be clear about the methodology and reasons for choosing a particular methodology.

Effective legal research is hardly possible without a proper understanding of research methodology . A researcher should justify the important methodological choices in their work.

Legal research may be of combination of methods for interpreting and applying legally relevant information. There are no single or universal approaches to legal research methodologies.

There are several approaches to research methodology , such as analytical, inter-disciplinary, comparative, and historical.

A particular type of methodology depends considerably upon the research question formulated and the sources of materials chosen.

Analytical Approach to Legal Research

Interdisciplinary approach to legal research, socio-legal approach to legal research, comparative approach to legal research, historical approach to legal research.

An analytical method is the most important and widely used in legal research. The analysis involves an explanation of the cause and effect of complex phenomena.

Analytical skill is crucial for any legal researcher. The analytical approach requires logical reasoning and interpreting laws to conclude .

Since laws are written in abstract and general terms by their nature, it is the researchers’ and judges’ task to apply those general rules to concrete factual circumstances, for which they apply logic and common sense to analyze and interpret the words in the law.

In most cases, the analytical approach deals with one or more legal concepts or legal theories.

Analytical research uses interpretive methods to examine cases, statutes, and other forms of law to seek out, construct, or reconstruct rules and principles.

An analytical approach is sometimes viewed as doctrinal research.

Doctrinal research of law provides a systematic exposition of the rules governing a particular legal category, analyses the relationship between the rules, explains areas of difficulty, and predicts future developments.

The sources of law have been the primary materials, law doctrines, case law, and legislation. The legal research is largely confined to an analysis of legal doctrine .

The salient characteristic of the analytical approach is its emphasis on the autonomy of law as an independent discipline or science.

Thus, the analytical approach of legal research can lead to ‘close reasoning.’

The analytical method serves the fundamental object of giving effect to the terms of a legislative instrument.

Analytical research is applied to dissect the terms of a provision, draw inferences from them, and apply the conclusions to resolve legal questions.

The most relevant aspects of the analytical approach are:

• what did the law-maker intend to achieve with the legislation under consideration?
• What is the underlying policy rationale of a piece of legislation?

In the analytical approach, the researcher should highlight the positive aspect of the law, e.g., what a legal situation is, and its normative aspect, e.g., what a legal situation should be.

Thus, it not only describes facts and circumstances but also defines parameters and interprets the facts. It involves applying critical judgment and developing one’s view of the situation.

The normative analysis concerns rational criticism and evaluation of legal doctrines and rules. Such judicial interpretation and process should only be a logical application of existing rules of law .

On the other hand, the positivistic approach holds that the conception of law is a coherent and complete system.

It implies a concerted effort to integrate disciplinary insights and apply the integrated insight to the study of problems.

The interdisciplinary approach of legal research advances the proposition that legal research ought not to content itself with the strictly legal but should also explore the interface between law and the other disciplines.

It integrates disciplines such as history, political science, economics and philosophy, and even different methodologies.

The interdisciplinary approach is distinguished from a multidisciplinary approach, which juxtaposes several disciplines without any attempt to integrate or synthesize aspects of their knowledge and perspectives.

The interdisciplinary approach requires looking at various aspects of the subject and viewing it from more than one perspective.

The interdisciplinary approach suggests the accommodation of sociology of law, economics and law, and law and technology within a single discourse to integrate and establish communicative links between disciplines.

The objective of interdisciplinary research is to combine knowledge, skills, and forms of research experience from two or several disciplines to transcend some of the theoretical and methodological limitations of the discipline in question and create a basis for developing a new form of analysis.

This is evident from integration because legal researchers and lawyers need to look at the law from a much broader angle than previously.

Inter-disciplinary research is “research designed to secure a deeper understanding of law as a social phenomenon, including research for the historical, philosophical, linguistic, economic, social or political implications of the law.”

On the other hand, it also seeks to evaluate the influence of other disciplines on legal scholarship. An interdisciplinary approach often produces results relevant to more than one discipline.

This interrelationship of disciplines is often reflected because many reputed law schools have designed their curriculum to include other subjects to explain a problem coherently and logically.

The interdisciplinary approach also suggests that social science methodologies and information are integrated into legal discourse.

The interdisciplinary approach as the interface of law and social science dates back to the Realist movement in the 1930s and 1940s. That movement highlighted the differences between ‘law in the books’ and ‘law in action.’

A sociological approach to law is one of the most characteristic features of modem jurisprudence—the socio-legal approach views law as a means of social control and change.

According to this approach, the law is essentially a social phenomenon.

The sociology of law seeks to explain the nature o law in terms of the empirical conditions within which doctrines and institutions exist in particular societies or social conditions.

Socio-legal research uses the theories and methods of social science to explore the operation of law, legal processes, and legal institutions.

The sociological approach tells us that law is a social phenomenon and works in a social setting instead of a textual approach.

According to the socio-legal approach, analysis of law is directly linked to the analysis of the social situation to which the law applies and should be put into the perspective of that situation.

It contrasts with the textual or ‘ black letter law ‘ approach, which emphasizes the text’s literal meaning. It calls for going beyond the ‘black letter law and investigating the social milieu against which law is enacted and applied.

On the relationship between law and sociology, Roger Cotterrell wrote succinctly.

Both law and sociology are concerned with the whole range of significant forms of social relationships.

And in practice, the criteria determining which relationships are significant are often similar, deriving from the same cultural assumptions or conceptions of policy relevance.

Furthermore, both legal and sociological inquiries typically seek to view these phenomena as part of, or potentially part of, an integrated social structure.

Thus, law and sociology share a fundamentally similar basic subject matter despite their radical differences in method and outlook.

Law is the practical craft of systematic control of social relations and institutions.

Sociology is the scientific enterprise that seeks systematic knowledge of them.

The socio-legal approach helps researchers to realize a closer understanding of the policy objectives of any legal rule.

The sociological views law as an emanation of social elements and depends not on state authority but on social compulsion.

The socio-legal research assesses the impact of legal doctrines upon society.

The sociological approach tries to investigate through empirical data how law and legal institutions affect human attitudes and what impact they create on society; assess the suitability of legal institutions to the needs of society.

It aims to understand legal and social phenomena, whereas the main concern of the traditional approach to jurisprudence is to undertake analytical-linguistic studies.

Using the law as an instrument of government policy requires understanding the socio-economic context in which the law works and what effects are likely to happen.

In socio-legal research, the law is considered one of the social policy tools.

A wide range of strategies is used in socio-legal research, from the statistical analysis of the survey to the interview analysis.

By using these strategies, the socio-legal approach addresses the following questions:

• what are the effects of law and the legal order on the social order?
• What are the effects of the social order on the legal order?
• What are the effects of the law on attitude, behavior, institutions, and organizations in society, maintenance, and change of society?
• What are the effects of attitudes, maintenance, behavior, institutions, and organizations in society, maintenance, and change of society on the law?

Each legal system has its history, fundamental principles and procedures, and forms of legal publication sources.

But in this globalized and interdependent world-the study of the law of other countries is assuming greater significance.

The law of foreign countries is increasingly becoming relevant in national court proceedings involving international transactions.

Interaction between various legal systems is sometimes described as a transnational legal system. The comparative method is advantageous for understanding the transnational legal system.

The comparative approach as a study of legal systems by comp comparison has assumed wider significance due to the ongoing globalization process.

With the growth of international and regional legal orders, understanding the forms and methods of comparative legal study has become essential to all those wishing to understand and engage in current legal debates.

Even one needs a comparative method to understand the law within one’s own country. The comparative method offers how the differences between the law of diverse countries and systems are analyzed.

In this way, a comparative study is appreciated for its benefit to the national legal system.

The comparative method aims to harmonize but not unify the world’s different laws and legal cultures.

Because often, the comparative approach may involve a comparison of two or more national legal systems.

But undoubtedly, comparative study helps to harmonize the laws of different countries.

In this sense, it has an international dimension.

The comparative approach takes the insider’s view on the legal systems studied and helps understand the institutional structure of concepts, thinking, and organizations of the systems in question.

The comparative method denotes different ways of addressing the same issue and finding differences. The comparison may give a fuller view of the subject under investigation.

However, the objective of the comparative method is not to draw mere similarities and dissimilarities.

Instead, it can enable a researcher to suggest a suitable solution to legal problems in light of a set of rules ideal for a given society.

The comparative method may confer the following 3 advantages:

• comparative research can throw doubts on the usefulness or firmly entrenched views;
• it may suggest a suitable solution to legal problems;
• A comparative study tends to aid in assembling which principles, applicable in the field concerned, are fundamental and which are secondary.

The historical approach looks at the evolution and development of a particular system of rules to provide useful contextual background and a fuller understanding of a certain legal discipline both for the researcher and the ultimate reader.

A historical approach examines the relations between law and events, showing how the law has been used at different times for different purposes and how it connects with interests and classes, political ends, and social movements.

The historical approach helps us understand how a particular institution or law evolved and why they need a change in the present context.

It takes the view that history has a significant role in explaining the current state of law, its past development, and likely future direction.

For example, to understand the institutional and jurisdictional aspects of the United Nations , a brief look at the whole concept and history of collective security and that of the League of Nations could be of some help.

The historical approach takes us from the past to the future. The historical approach serves to understand the present situation and shows the general trend of changes in laws.

As the present can not be properly understood without some knowledge about the past, the foremost purpose of the historical approach is to gain a clear perspective of the present.

But historical research can aim at the simply scholarly desire of the researcher to arrive at an accurate account of the past.

The sources of the historical approach include parliamentary debates on any legislative scheme, official reports of inquiry, case reports, newspaper reports, and journals.

The researcher should be careful about the authenticity and integrity of the documents.

In evaluating documents, the researcher should try to determine their completeness by verifying whether there have been additions or deletions to the original text.

The researcher should also maintain objectivity in interpreting historical events and show an adequate historical perspective of the issue under research.

For this purpose, primary sources or historical documents should be used as extensively as possible .

There is “no set legal methodology” that is applicable in all cases. It is not always possible to make clear-cut distinctions among the above ways of approaching the methodology.

A research paper that is concerned essentially with examining a subject may also involve comparison.

The researcher can choose a method best suited to questions and available sources. It depends upon the nature of the research question.

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Generative AI for legal professionals: What to know and what to do right now

AI is reshaping the legal landscape by providing invaluable support across various roles in law firms and legal departments. Rather than replacing legal professionals, gen AI enhances efficiency, accelerates tasks, and enables lawyers to focus on applying their expertise.

The benefits of being a technology trailblazer

Adopting technology early leads to better, faster, and more reliable legal research – setting a solid foundation for your legal matters.

Westlaw Precision | Harness the power of generative AI

Innovative tools deliver advanced speed and accuracy, providing you with greater confidence in your legal research

Practical Law | Quick, expert answers to your ‘how do I’ legal questions

Get up to speed faster with Practical Law’s expertly created and maintained resources combined with powerful generative AI capabilities

CoCounsel: The GenAI assistant for legal professionals

Bringing together generative AI, trusted content, and expert insights for a new era of work.

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