Legal Research -- An Indispensable Tool For Successful Attorneys
- Tree of Knowledge Research
- Nov 24, 2016
- 3 min read
It was stressed to you in law school, you heard it as an associate from the partners of your firm, and, in some instances, you heard it from the judge on your case -- legal research is important in the practice of law. Still, legal research is no attorney’s cup of tea. Any attorney who has practiced law for any amount of time knows the frustration that comes with sitting in an office or law library trying desperately to find that one elusive legal authority needed to support a pivotal point in a brief or opinion. What is the opportunity cost of spending hours doing research and racking up billable hours? Clients definitely do not understand the need for spending several thousand dollars on attorney’s fees and legal database costs. Is the time and money spent on legal research really worth it? Plain and simply -- YES! Legal research can mean the difference between winning or losing a case; settling cases in a shorter amount of time for a higher payout; or, even supporting the decision to turn down a dead-end case versus losing money on a case that was poorly vetted up front. The fact of the matter is legal research may be tedious, but it is an indispensable cornerstone of the practice of law.
On a basic level, legal research helps attorneys find, understand, and apply the law. More importantly, however, legal research keeps an attorney and their practice responsive to changes in the law. Legal doctrine is fluid and the law is constantly evolving. Regardless of the number of years an attorney has been practicing law, far too many cases, statutes, and regulations exist for any attorney to know all the laws in the back of their head. This notion is complicated with the frequency of which laws, regulations, and statutes are created and modified in today’s electronic culture. In the 1980s, federal appeals courts disposed of 20,877 cases. In the 1990s, the number of appeals disposed more than doubled -- reaching over 50,000. See Martha J. Dragich, Will the Federal Courts of Appeals Perish if They Publish? Or Does the Declining Use of Opinions to Explain and Justify Judicial Decisions Pose a Greater Threat?, 44 AM. U. L. REV. 757, 758 n.48 (1995). No single attorney can reasonably stay on top of 50,000 new decisions without devoting resources that help explain changes in the laws relevant to their practice. In that sense, legal research is a timeless necessity. Whether approached with a routine legal issue from a prospective client or faced with a case of first impression, quality research may reveal legal theories to include in a complaint while also showcasing theories that have failed in the past.
Some attorneys -- especially those new to the profession -- think of legal research as simply employing LexisNexis and Westlaw databases; however, excellent legal research expands beyond engaging in a cursory survey on a research database. Quality legal research is a lengthy, multi-dimensional process. It invokes a big picture understanding of an issue presented, while also maintaining a focus on analysis, understanding, and application. Finding the law is, of course, a requisite step in the legal research process; however, an attorney must be able to conceptualize an understanding of the law and be able to apply it logically to their client’s matter. Legal research provides a crucial analytical foundation for attorneys -- it is the benchmark that guides decisions to be made for any case coming across their desk. For this reason, research is not merely as fleeting as a Lexis search, but is instead an enduring component of representing a client.
Overall, legal research should be an essential tool in every attorneys arsenal. If you are struggling with your legal research skills, or are just having trouble tackling one particular project, go to your local law library and talk to the law librarian. Law librarians are experts on legal databases and can help you better navigate resources so you can find what you are looking for. The Virtual Law Clerks at the Tree of Knowledge Research are also an excellent resource for busy attorneys. Our experienced Law Clerks are well versed in all legal databases and employ an integrated research approach when tackling any legal project. Call 864.869.8572 today or click to learn more about how the seasoned Law Clerks at the Tree of Knowledge Research can serve you and your practice.
