what is analytical legal research

Legal Practice

Types of Legal Research

What do you mean by Legal Research?

Legal Research is the process of identifying and retrieving information necessary to support legal decision-making. It begins with an analysis of the facts of a problem and it concludes with the results of the investigation. Legal research skills are of great importance for lawyers to solve any legal case, regardless of area or type of practice. The most basic step in legal research is to find a noteworthy case governing the issues in question. As most legal researchers know, this is far more difficult than it sounds.

Whether you are a Lawyer, a paralegal, or a law student, it is essential that Legal research is done in an effective manner. This is where the methodology comes into play. Different cases must be approached in different ways and this is why it is important to know which type of legal research methodology is suitable for your case and helpful for your client.

Read Also: Here is the Importance of Legal Research in Legal Practice

Different Types of Legal Research

1) descriptive legal research.

Descriptive Legal research is defined as a research method that describes the characteristics of the population or phenomenon that is being studied. This methodology focuses more on the “what” of the research subject rather than the “why” of the research subject. In other words, descriptive legal research primarily focuses on the nature of a demographic segment, without focusing on “why” something happens. In other words, it is a description based which does not cover the “why” aspect of the research subject.

For example, a lawyer that wants to understand the crime trends among Mumbai will conduct a demographic survey of this region, gather population data and then conduct descriptive research on this demographic segment. The research will then give us the details on “what is the crime pattern of Mumbai?”, but not cover any investigative details on “why” the patterns exits. Because for the lawyer trying to understand these crimes patterns, for them, understanding the nature of their crimes is the objective of the study.

2) Quantitative research

Quantitative Legal Research is a characteristic of Descriptive Legal Research Methodology that attempts to collect quantifiable information to be used for statistical analysis of the population sample. It is a popular research tool that allows us to collect and describe the nature of the demographic segment. Quantitative Legal Research collects information from existing and potential data using sampling methods like online surveys, online polls, questionnaires, etc., the results of which can be depicted in numerical form. After careful understanding of these numbers, it is possible to predict the future and make changes to manage the situation.

An example of quantitative research is the survey conducted to understand the turnaround time of cases in the high court and how much time it takes from the time the case is filed until the judgment is passed. A complainant’s satisfaction survey template can be administered to ask questions like how much time did the process take, how often were they called to court, and other such questions.

3) Qualitative Legal Research

Qualitative Legal Research is a subjective form of research that relies on the analysis of controlled observations of the legal researcher. In qualitative research, data is obtained from a relatively small group of subjects. Data is not analyzed with statistical techniques. Usually, narrative data is collected in qualitative research.

Qualitative research can be adopted as a method to study people or systems by interacting with and observing the subjects regularly. The various methods used for collecting data in qualitative research are grounded theory practice, narratology, storytelling, and ethnography.

Grounded theory practice: It is research grounded in the observations or data from which it was developed. Various data sources used in grounded theory are quantitative data, review of records, interviews, observation, and surveys.

Narratology: It refers to the theory and study of narrative and narrative structure. It also shows the way in which the result affects the researcher’s perception.

Storytelling: This is a method by which events are recounted in the form of a story. The method is generally used in the field of organization and management studies.

Ethnography- Ethnography is used for investigating cultures by collecting and describing data intend to help the development of a theory.

4) Analytical Legal Research

Analytical Legal Research is a style of qualitative inquiry. It is a specific type of research that involves critical thinking skills and the evaluation of facts and information relative to the research being conducted. Lawyers often use an analytical approach to their legal research to find the most relevant information. From analytical research, a person finds out critical details to add new ideas to the material being produced.

For example, examining the fluctuations of Crime Rates of India between 2010-2020 is an example of descriptive research; while explaining why and how the Crime rates spiked over time is an example of analytical research.

5) Applied Legal Research

Applied Legal Research is a methodology used to find a solution to a pressing practical problem at hand. It is a straightforward practical approach to the case you are handling. It involves doing full-fledged research on a specific area of law followed by gathering information on all technical legal rules and principles applied and forming an opinion on the prospects for the client in the scenario.

For Example, if your client is an employee of an organization and is fighting against wrongful termination of contract then the practical approach to this would be by carefully evaluating the company policies and finding company policies that were violated and to suing the organization based on those arguments.

6) Pure Legal Research

Pure legal research is also known as basic Legal Research usually focuses on generalization and formulation of a theory. The aim of this type of research methodology is to broaden the understanding of a particular field of investigation.  It is a more general form of approach to the case you are handling. The researcher does not focus on the practical utility

For Example, researchers might conduct basic research on illiteracy leads to unemployment. The results of these theoretical explorations might lead to further studies designed to solve specific problems of unemployment.

7) Conceptual Legal Research

Conceptual Legal Research is defined as a methodology wherein research is conducted by observing and analyzing already present information on a given topic. Conceptual research doesn’t involve conducting any practical experiments. It is related to abstract concepts or ideas.

They are generally resorted to by the philosophers and thinkers to develop new concepts or reinterpret the existing concepts but has also proven to be a useful methodology for legal purposes.

For example, many of our ancient laws were influenced by the British Rule. Only later did we improve upon many laws and created new and simplified laws after our Independence. So another way to think of this type of research would be to observe, come up with a concept or theories aligned with previous theories to hopefully derive new theories.

8) Empirical Legal Research

Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies, and other legal arrangements at play in society. It acts as a guide to paralegals, lawyers, and law students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge, and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics, and empirically informed ethics.

For example, Pharmaceutical companies use empirical research to try out a specific drug on controlled groups or random groups to study the effect and cause.

Read Also – How to Do Legal Research?

Other Major Methods of Legal Research.

1) doctrinal legal research.

The central question of inquiry here is ‘what is the law?’ on a particular issue. It is concerned with finding the law, rigorously analyzing it and coming up with logical reasoning behind it. Therefore, it immensely contributes to the continuity, consistency, and certainty of law. The basic information can be found in the statutory material i.e.

primary sources as well in the secondary sources. However, the research has its own limitations, it is subjective, that is limited to the perception of the researcher, away from the actual working of the law, devoid of factors that lie outside the boundaries of the law, and fails to focus on the actual practice of the courts.

2) Non-doctrinal Legal Research

It is also known as socio-legal research and it looks into how the law and legal institutions mold and affects society. It employs methods taken from other disciplines in order to generate empirical data to answer the questions.

3)  Comparative Legal Research

This involves a comparison of legal doctrines, legislations, and foreign laws. It highlights the cultural and social character of law and how does it act in different settings. So it is useful in developing and amending, and modifying the law. But a

the cautious approach has to be taken in blindly accepting the law of another social setting as a base because it might not act in the same manner in a different setting.

Read Also – What is Doctrinal and Non-Doctrinal Legal Research?

Legal research is a systematic understanding of the law while keeping in mind it’s advancements. Law usually acts within the society and they both have an impact on each other. Each kind of research methodology has its own value. However, while undertaking research a researcher might face some hurdles but they can be avoided if he/she properly plans the research process.

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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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What is Legal Analytics?

• What Can Legal Analytics Do?

The Data Behind Analytics Magic

The value of legal analytics.

• Will Legal Analytics Replace Lawyers?
• Revolutionize Your Practice With Legal Analytics

This article was originally published on November 11, 2019, and was updated on March 24, 2023. 

Big data analytics technologies are becoming omnipresent in many industries, and the legal sector is no exception.

Enter the artificial intelligence (AI) powered platforms of legal analytics. You may hear it also referred to or related to litigation analytics, law firm analytics, or legal data analysis. Put simply, legal analytics is the science of drawing insights by mining large volumes of data. In practice, legal analytics tools help lawyers make data-driven decisions on which to build their legal strategies. That could mean things like knowing the probability of a specific motion outcome, how seemingly unrelated cases connect, or how much a settlement award could be.

Related: You’ve probably noticed that new technologies often incorporate their own specialized dictionary of industry jargon. To help make sense of it all, see: 

• 8 Legal Analytics Terms You Should Know  
• AI Terms for Legal Professionals: Understanding What Powers Legal Tech

What Can Legal Analytics Technologies Do?

As mentioned above, legal analytics helps attorneys incorporate data into their decision making. But that’s a pretty broad statement, so to better understand what that means, let’s explore some specifics.

Truth is, there’s not a single resource that encompasses all of the analytics capabilities now available to attorneys. That means a lawyer can pick from a menu of analytics tools , allowing them to find the one (or ones) that will best suit the needs of their practice area and legal concentration.

How do these legal analytics benefit a law practice?

Predictive data analytics , for example, can help lawyers forecast the future. Or more accurately, it helps legal professionals make educated guesses on things like how long a case will take to reach a decision or how an expert witness may fare under scrutiny.

It’s also important to note that “big data” is often a core component of related technologies, encompassing breakthroughs in machine learning, cognitive computing and artificial intelligence. That means those innovations can fall under the umbrella of analytics too.

And, while it may sound like the realm of science fiction, artificial intelligence is already impacting the legal profession. For example, this technology can help a lawyer conduct research by “understanding” what their intended search path is and suggesting relevant documents to help support it.

Using machine learning techniques, analytics engines have been taught how to recognize natural language patterns. That improves a computer’s ability to quickly pinpoint precise words and phrases—finding key information that could take a human several hours (if not weeks, months or years) to find. This is especially handy for something like, say, judicial language.

A tool that uses language analytics , for instance, can scour countless lines of court text to locate (and extract) key phrases that may be beneficial to your argument. That means you could literally use the judge’s own words in your case strategy—which should make it easy to make a compelling argument for them. 

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Regardless of the application, analytics tools typically share a common thread: reliance on massive data sets (AKA big data). And massive is no exaggeration—these analytics engines often pore through petabytes of information.

As a general rule, the more data in a data pool, the more accurate the insights can be. So, it pays to have your legal analytics engines fueled by a robust database of reliable information.

And it’s important to note the use of the word reliable, as any powerful analytics resource not only needs a lot of data, it needs a lot of “clean” data. Since analytics is often considered a GIGO system, the insights you draw will only be as trustworthy as the data that drives them.

Ergo, when selecting a legal analytics provider, make sure to ask detailed questions about where the data comes from and how it is being vetted.

To an attorney, legal analytics software can offer some pretty powerful insight. As alluded to above, that insight could be something like the probability of a motion outcome or a rough dollar amount of a verdict or settlement .

But the value of legal analytics goes way, way deeper than that.

Powerful visualization tools can incorporate data analysis to reveal hidden connections between entities or uncover valuable links to citing cases. Many visualization tools are also incredibly helpful in improving the way lawyers scan and interpret search results to speed up their research time.

The concept of value can manifest itself in several ways—from basic factors like general time savings to more abstract benefits like enhanced strategic decision making.

Specifically speaking, the ability to assess whether it makes financial sense to take a case or to better budget resources for a particular client can be pretty valuable for a lawyer in a small to midsize firm.

Regardless of the specific application, attorneys are finding significant value in the capabilities that legal analytics unlock.

Will Legal Analytics Eventually Replace Lawyers?

Not likely. What legal analytics is doing though, is encouraging lawyers take a more data-based approach to their decision making. That could mean that the image of the prototypical attorney may be changing.

Historically speaking, law schools were often populated with students grounded in the humanities, writing, philosophy, etc. But now it’s not uncommon to see students with a more diverse background encompassing data sciences like math, engineering and technology.

As the legal profession evolves in the information age, it shows nothing but promise to both attorneys and their clients. Leveraging vast amounts of data has already proven useful in many scenarios, which ultimately means better outcomes for those involved.

While shiny suit-clad robolawyers may be a ways off, data analytics is already helping lawyers make smarter, data-driven decisions—and helping them do it faster. That tells us that the proliferation of related analytics technologies will only accelerate in the future.

Revolutionize Your Practice with LexisNexis Legal Analytics

With LexisNexis , attorneys can gain access to a robust database of reliable information, allowing them to make smarter and faster decisions. By incorporating legal data analytics software like Lexis+ , Context , Verdict and Settlement Analyzer into their workflow, attorneys can unlock powerful insights that improve their strategic decision-making abilities and deliver better outcomes for their clients. Contact  LexisNexis today and revolutionize the way you practice law.

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Legal Research 101: A Step-by-Step Guide

Legal Tech Stack

Rebecca Spiegel

March 20, 2023

Legal research is crucial for lawyers, paralegals, and law students. And it can be a struggle for even the most experienced legal professionals—but it can be overwhelming for beginners.  

In this blog post, we’ll cover the basics of legal research, including primary and secondary sources, case law, statutes, regulations, and more. Whether just starting your legal career or looking to refresh your knowledge, this guide will provide a solid foundation for effective legal research. Let’s dive in!

What is legal research?

Legal research is the process of identifying and analyzing legal information to support a legal argument or decision. It involves searching for and analyzing primary and secondary sources, such as case law, statutes, regulations, legal dictionaries, treatises, and law review articles.  

There are many reasons you might conduct legal research, including:  

• Looking for case law that backs up your motion or brief    
• Identifying case law that refutes an opposing argument  
• Supporting the general narrative of your case  
• Providing legal counsel to clients    
• Putting together a memo or brief for law school  

Effective legal research can make all the difference in the success of a legal case or argument. Legal research is essential for lawyers, judges, law students, paralegals, and anyone involved in the legal industry. It requires critical thinking, analytical skills, and attention to detail to ensure that legal information is accurate, relevant, and up to date.

How to do legal research

Legal research can be overwhelming and takes many forms depending on your goals. Here are some general steps you’ll likely take in any given legal research project.  

Step 1: Gather and understand the key facts of your legal case

A solid legal case starts with strong legal research. So before scouring case laws and court opinions for data, stepping back and setting a few goals is important. What are you hoping to accomplish with this case, and what key facts will support your argument?  

Once you understand the information you’re looking for, ask yourself these questions to start your research on the right foot.

Key questions to ask yourself before starting legal research

What are the basics.

Whether working with a client or writing a law brief for school, always start with the basics. What’s the “who, what, why, when, where, and how?”  

Write a quick summary, especially since you’ll likely need it for a statement of facts in a filing or legal brief. You never know what facts might be helpful later! Even if details you think may not be relevant now, include them on your list.

Pro tip: Record your essential facts in a case management tool . While it may be tempting to skip this step, a case management tool will help you streamline your legal process, reduce human error, and save you time in the long run as you juggle multiple clients.  

What's the legal issue?

Next, identify the actual legal issue you’re hoping to solve. Does your client need help to settle a property ownership dispute? Or are they pursuing worker’s compensation for an accident that happened on the clock?  

No matter the legal research project, having a clear sense of the legal problem is crucial to determining your desired outcome. A clear end goal will help you stay focused and on topic throughout your casework.  

What jurisdiction are you operating in?

When it comes to legal research, casting a wide net can be a bad thing. There are endless amounts of court opinions and legal databases that you could sort through. But your research will have been for naught if they’re irrelevant to your case.

That’s why it’s necessary to identify the relevant jurisdiction for your case. Does it deal with federal or state law? If a state, which one? You might find applicable case law from a Washington state supreme court that supports your argument, but it won’t hold up with opposing counsel if you’re operating in Montana.

Create a research plan

Now, it’s time to think about where you’ll go to perform legal research. While Google might be a good start for some of the basic facts you need, it’s probably not enough. Legal encyclopedias and law journals have traditionally supported lawyers as they’ve conducted research, but technology has also made the process a lot easier now. Law firms might invest in an online legal research service to comb through relevant statutes legal topics.

Step 2: Gather sources of law

The next step as you conduct legal research is to gather relevant law sources.

There are two different kinds of sources: primary law and secondary law. As you start your research, it's important to note that you should start with secondary law materials.

Why? Because these sources will help you understand what experts have to say about a legal topic before you start your case and investigate primary materials. Think of it as building a knowledgeable foundation for your argument: you'll sound smarter (and win your case) if you know what experts are saying about the legal topic you're researching.

What are secondary legal sources?

Secondary legal sources are publications that analyze, interpret, or explain primary legal sources. They are not the law itself, but rather resources that provide commentary, context, or background information on the law. Examples of secondary legal sources include:

• legal encyclopedias and dictionaries
• law review articles
• legal treatises
• practice guides
• annotated codes
• Law journals  
• Legal news  
• Jury instructions  

Secondary sources can be helpful for several reasons, including providing a deeper understanding of legal concepts, identifying key issues and arguments, and finding additional primary sources. They can also help determine the law's current state and identify any changes or developments in legal trends or interpretations.  

It is important to note that secondary legal sources are not authoritative sources of law and should not be relied upon as legal precedent. Instead, they can be used to support and supplement primary legal sources in legal research and analysis.  

What are primary legal sources?

Primary legal sources establish legal rules and principles. The existing laws, regulations, and judicial decisions create, interpret, and enforce legal principles and rules. Examples of primary legal sources include:

• Statutes: Written laws enacted by legislative bodies at the federal, state, or local level.
• Case law: Decisions made by courts in the course of resolving disputes.
• Regulations: Rules and standards issued by administrative agencies to implement and interpret statutes.
• Constitutions: Written documents that establish the basic principles and structure of a government.

Primary legal sources are considered the most authoritative sources of law and are relied upon to determine legal rights and obligations. They are often used in legal research and analysis to interpret and apply the law to specific cases or situations. It is important to note that primary legal sources can be complex and require careful analysis and interpretation to determine their meaning and scope.

Step 3: Make sure you’re using “good” law

Another important step in the legal research process is to verify that any cases and statutes you use are still "good law" — in other words, that they're still valid and relevant. Overruled or unconstitutional statutes won't help you win any cases.

Can older cases still be considered "good?"

Whenever possible, it's a good idea to use the most recent cases possible. They're more likely to be relevant to your case and are less likely to have been rendered obsolete. That said, recency isn't mandatory.  

A case that's 30 years old could still be considered "good law" if it hasn't been overruled or otherwise made irrelevant. If it fits with the facts of your case and falls within your jurisdiction, it could still be helpful for your argument!

Use a citator

A citator can help you check to see if your research contains "good" law. Citators verify legal authority by providing the history and precedent for any cases, statutes, and legal sources you use.  

Most legal databases have their own citator tools, which flag negative materials and can help you evaluate whether a case is "good" law. Citator tools can also help you find other relevant cases that cite the opinion in question.  

Step 4: Sum up results and look for gaps

Once your initial legal research process is complete, compile it into a legal memorandum. This will help you identify any gaps in the facts you've collected and anticipate any additional information you might need.  

A good legal memorandum:  

• States the facts of the case
• Identifies the issue
• Applies “good” law to the facts
• Predicts any counterpoints
• Assesses the outcome of the case

The best tips and strategies for conducting legal research

Conducting legal research can be a challenging task, requiring both expertise and a strategic approach. Here are our best tips and strategies for conducting effective legal research, to help you to navigate the complexities of the legal system with confidence.

Think about the opposing counsel’s arguments

Consider your case from all angles. What will your opposition's arguments look like? Think competitively as you perform legal research, and search for facts that will refute any legal basis the opposing party may claim.  

Don't stop researching  

Your research isn't over until your assignment is submitted or your case is closed. Don't cut corners and use all of the time you have available to you. You never know when you're going to find a vital piece of research that could positively impact your case.  

Take advantage of legal research tools

In recent years, legal research technology has transformed the way lawyers and legal professionals conduct research. With the help of advanced search algorithms, machine learning, and natural language processing, legal research technology can help to streamline the research process, increase efficiency, and provide more accurate and comprehensive results.

Here are a few tools that help streamline the legal research process:  

• ROSS Intelligence is a legal research platform that's driven by AI. ROSS lets you highlight statements in your memorandums and briefs to instantly search for cases and statutes that cover similar laws. You can also use ROSS to look for negative case treatment in your pleadings and law briefs.
• Casetext’s CARA AI search technology and automated review tools help lawyers speed up their legal searches. You can use Casetext to start your research with a complaint or legal brief, and find highly relevant, tailored search results and resources. Not only does Casetext find facts and legal issues, but it will filter results to the jurisdiction you're looking for. Casetext’s citator also makes it easier to check and flag any bad law.

Document your research with law practice management software

A poor documentation system can ruin your entire legal research process. Law practice management software can help you record your research in an efficient, streamlined, and automated way—so that no detail ever falls through the cracks.  

Smokeball's legal case management software keeps your entire law firm organized by helping you collect details during client intake, saving them to the correct case matter and auto-populating the documents you need with the correct information. And our Client Portal helps you communicate with clients, request more details when you need it, and share research results.  

Download Now: Getting Automated: An End-to-End Guide to Law Firm Automation

In conclusion, legal research is an essential skill for lawyers, law students, and other legal professionals. By mastering the basics of legal research, including identifying primary and secondary legal sources, using legal research tools effectively, and developing a strategic approach to research, legal professionals can improve the quality of their work and provide better outcomes for their clients.  

With the help of Smokeball's legal practice management software, legal research can become a more efficient, and effective process. We're here to support your law firm from the initial research stage to client communication to i nvoicing and billing when your case is closed.  

FAQs about legal research

What is shepardizing in legal research.

Shepardizing is a process used in legal research to determine whether a particular case or statute is still good law. It involves checking the history and subsequent treatment of the case or statute to ensure that it has not been overruled, superseded, or otherwise invalidated. Shepardizing is an important step in legal research to ensure the accuracy and relevance of the sources being used.

Can I use Google for legal research?

Yes, Google can be a great first step to find basic details for your case. Google Scholar is also a good resource for lawyers conducting legal research. It contains an extensive database of state and federal cases, with superior search functionality.  

However, Google is clear that the resources they provide are not vetted or approved by a legal professional:  

“Legal opinions in Google Scholar are provided for informational purposes only and should not be relied on as a substitute for legal advice from a licensed lawyer. Google™ does not warrant that the information is complete or accurate.”

So it's important to verify that any of the sources you pull from Google Scholar are accurate, and are considered "good" law.  

How to do legal research as a paralegal?

A good paralegal will follow the steps of D.I.S.P.U.T.E . to define the legal issues of the case and find relevant case law.

• D id you identify all of the relevant parties involved in the case?
• I s the location important?
• S ome items or objects may be important to the case.
• P ut the events in chronological order.
• U nderstanding the events will give you the basis of action or the issues that are involved in the case.
• T ake into consideration the opposing counsel’s arguments in the case.
• E valuate the legal remedy or the relief sought in the case.

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Introduction to Legal Research

Future offerings, 2023-2024 spring, useful links.

• Course Evaluations
• Approved Non-Law Courses

Introduction to Legal Research (7851): This course will introduce law students to the sources and methods used in legal research. Students will (1) gain familiarity with core primary and secondary U.S. legal information sources, how this material is used, organized, published, indexed, and kept current, and how to efficiently find and use these sources; (2) build foundational research skills that can be used to approach legal research questions in any area of law; and (3) develop basic strategies to effectively use both familiar and unfamiliar research databases, sources, and tools. Learning legal research requires a hands-on approach, so students will complete in-class exercises, homework assignments, and a final project, all of which contribute to students' final grade. There will not be a final exam. Elements used in grading: Attendance, Class Participation, Written Assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS Registrar website https://registrar.law.stanford.edu/. Click SUNetID Login in the top right corner of the page and then click the "Consent Courses" tab. See Consent Application Form for instructions and submission deadline. This course is only open to first-year JD (1L) students.

Introduction to Legal Research | LAW 7851 Section 01 Class #1100

• Taryn Marks
• Katherine Siler
• Grading: Law Honors/Pass/Restrd Cr/Fail
• Enrollment Limitations: Consent 18
• LO3 - Ability to Conduct Legal Research
• LO7 - Professional Skills
• Miscellaneous Practice-Skills

Notes: This course is only open to first-year JD (1L) students.

• 2023-2024 Spring ( Apr 1 May 31 )
• Wed, Fri 11:10 AM 12:10 PM
• Room: LAW 320D

Past Offerings

2022-2023 spring, introduction to legal research | law 7851 section 01 class #31563.

• 2022-2023 Spring Schedule No Longer Available

2021-2022 Spring

Introduction to Legal Research (7851): This course will introduce law students to the sources and methods used in legal research. Students will (1) gain familiarity with core primary and secondary U.S. legal information sources, how this material is used, organized, published, indexed, and kept current, and how to efficiently find and use these sources; (2) build foundational research skills that can be used to approach legal research questions in any area of law; and (3) develop basic strategies to effectively use both familiar and unfamiliar research databases, sources, and tools. Learning legal research requires a hands-on approach, so students will complete in-class exercises, homework assignments, and a final project, all of which contribute to students' final grade. There will not be a final exam. Elements used in grading: Attendance, Class Participation, Written Assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline. This course is only open to first-year JD (1L) students.

Introduction to Legal Research | LAW 7851 Section 01 Class #1089

• 2021-2022 Spring Schedule No Longer Available

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 179 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 Sep 12, 2023 3084 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 Sep 12, 2023 2251 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 Feb 16, 2024 1787 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 Sep 12, 2023 378 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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This guide is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License .

You may reproduce any part of it for noncommercial purposes as long as credit is included and it is shared in the same manner. 

• Last Updated: Sep 21, 2023 2:56 PM
• URL: https://guides.library.harvard.edu/law/researchstrategy

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Unleashing the Power of Analysis: How Analytical Skills Elevate an Attorneys' Legal Expertise

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Enhancing Legal Research and Case Analysis

Identifying and assessing legal risks, developing sound legal arguments.

• Identifying relevant legal principles: Analytical skills allow attorneys to dissect complex legal issues and identify the legal principles that are applicable to the case at hand. By carefully analyzing statutes, regulations, and case precedents, attorneys can pinpoint the legal doctrines that support their client's position.
• Evaluating factual evidence : Analytical skills enable attorneys to critically evaluate the factual evidence available in a case. Attorneys can examine witness testimonies, documents, and other sources of evidence, assessing their credibility and relevance. By conducting a thorough analysis, attorneys can identify the strongest pieces of evidence to support their arguments.
• Applying logical reasoning: Analytical skills empower attorneys to apply logical reasoning when constructing legal arguments. Attorneys can evaluate their arguments' logical consistency, ensuring no fallacies or gaps in their reasoning. By presenting a coherent and persuasive line of reasoning, attorneys can make compelling arguments that resonate with judges, juries, or opposing parties.
• Anticipating counterarguments: Analytical skills enable attorneys to anticipate potential counterarguments and weaknesses in their own arguments. Attorneys can critically assess their cases from different perspectives, considering how opposing parties may challenge their positions. By identifying potential weaknesses, attorneys can proactively address them and strengthen their arguments.
• Building persuasive narratives: Analytical skills allow attorneys to weave together legal principles, factual evidence, and logical reasoning into a persuasive narrative. Attorneys can analyze the case holistically, considering the overall story they want to present to the court or opposing parties. By crafting a compelling narrative, attorneys can engage the decision-maker and increase the likelihood of a favorable outcome.
• Adapting to evolving legal landscapes : Analytical skills help attorneys adapt to evolving legal landscapes and emerging legal trends. Attorneys can analyze recent legal developments, legislation changes, and judicial interpretations. By staying informed and leveraging their analytical skills, attorneys can update their legal arguments to align with the latest legal standards and maximize their persuasive impact.
• How to Succeed in the Practice of Law
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Effective Decision-Making and Problem-Solving

• Analyzing complex legal issues: Analytical skills allow attorneys to break down intricate legal issues into manageable components. By analyzing the relevant facts, legal principles, and precedents, attorneys can comprehensively understand the situation. This analysis helps attorneys identify key factors, consider different perspectives, and make well-informed decisions.
• Evaluating options and alternatives: Analytical skills empower attorneys to evaluate various options and alternatives when faced with legal challenges. Attorneys can assess the potential risks, benefits, and consequences of different courses of action. By considering the legal and practical implications, attorneys can recommend the most favorable strategy to achieve the desired outcome for their clients.
• Assessing legal and practical implications: Attorneys with strong analytical abilities can assess the legal and practical implications of different decisions. They consider the potential impact on their client’s objectives and any legal risks or compliance requirements involved. This comprehensive analysis helps attorneys weigh the pros and cons and provide clients with a realistic assessment of the potential outcomes.
• Spotting hidden issues and potential obstacles: Analytical skills enable attorneys to identify hidden issues and potential obstacles that may arise during legal proceedings. Attorneys can critically examine the facts, relevant documents, and legal arguments to uncover potential pitfalls. By proactively addressing these issues, attorneys can mitigate risks and develop effective strategies to overcome challenges.
• Applying logical reasoning and critical thinking: Analytical skills allow attorneys to apply logical reasoning and critical thinking to solve complex legal problems. Attorneys can assess the strengths and weaknesses of different arguments, identify logical inconsistencies, and evaluate the credibility of evidence. By utilizing these analytical tools, attorneys can develop persuasive legal arguments and anticipate potential counterarguments.
• Balancing legal considerations and client goals: Analytical skills help attorneys strike a balance between legal considerations and their client’s goals. Attorneys can assess the legal merits of a case while considering their client’s objectives, financial constraints, and risk tolerance. By applying analytical skills, attorneys can provide practical and tailored advice that aligns with their client’s best interests.
• Adapting to evolving circumstances: Analytical skills enable attorneys to adapt to evolving circumstances and make necessary adjustments to their strategies. Attorneys can monitor changes in the legal landscape, new regulations, or shifts in judicial interpretations. By analyzing these developments, attorneys can modify their decision-making processes and problem-solving approaches to effectively navigate the changing legal environment.

The Future of Analytical Skills in the Legal Profession

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Encyclopedia of the Philosophy of Law and Social Philosophy pp 1–8 Cite as

Legal Science: Analytical Conceptions

• Aldo Schiavello 3  
• Living reference work entry
• First Online: 01 November 2022

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Introduction: The Province of Analytical Legal Science Determined

The notion of “legal science” overlaps, at least in part, with those of “legal dogmatics,” “legal knowledge,” “legal theory,” “legal methodology,” and “jurisprudence.” Furthermore, the expression “legal science” itself suffers from ambiguities (Peczenick 2005 , 1–3; Chiassoni 2013 , 152–153).

First, “legal science” is affected by the process/product ambiguity. It may denote, on the one hand, the propositions which lawyers derive from certain strings of symbols (the texts) – in this sense, it denotes legal propositions, or, simply, “the law” – and, on the other hand, the processes of the derivation of these propositions, the processes whereby the propositions are obtained; in other words, it “can be used both to refer to the set of activities performed by the person who studies the law and to the result of such activities” (Núñez Vaquero 2013 , 56). This ambiguity is further complicated by the fact that, since it is hard to...

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Schiavello, A. (2023). Legal Science: Analytical Conceptions. In: Sellers, M., Kirste, S. (eds) Encyclopedia of the Philosophy of Law and Social Philosophy. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-6730-0_358-1

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KINDS OF LEGAL RESEARCH

Published by admin on october 25, 2023 october 25, 2023.

This article is written by Raghuvansh Singh Kalyani of 2 nd Semester of LLM of Veer Madho Singh Bhandari Uttrakhand Technical University, Dehradun, an intern under Legal Vidhiya

‘Research’ – a practice that we follow in our daily life. From researching about brands, clothing, educational and job opportunities, the process is repeated on a regular basis. If not consciously then definitely sub-consciously. Many may participate in this process and if not, the results of such outcome may have a direct or an indirect impact on the lives of many. The policy makers also go through elaborate research as a part of their job to inquiry into the desirable changes.

The process of research is a scientific investigation aimed to increase knowledge. It is a process of investigating a ‘fact’ to acquire insight into it and finding a solution to therefor. If such an investigation is pursued with scientific methods, it becomes systematic. With this view, legal research is a systematic finding law on a particular topic and making an advancement to the literature of it. However, this process is complex as it involves looking into a plethora of law available as statutes, legal materials and judicial pronouncements etc.

Hence, research is of crucial importance to home-makers, scholars, government, policy makers, students, academicians, advocates and even judges like everyone else. And the process becomes systematic to achieve desired results and to avoid absurdities by following scientific methods.

LEGAL RESEARCH, RESEARCH, KINDS OF LEGAL RESEARCH, LAW STUDENTS, JUDGES, ADVOCATES.

INTRODUCTION :

The term ‘research’ means to discover. It is a scientific way following specific methods to delve into a problem to find useful outcomes. It is a scientific investigation. It is a process of elaborate and detailed discovery about even the minute details of the matter. The purpose of research may be either to find or make a discovery about something or to make a significant contribution in the existing state of literature or knowledge about a subject. The ‘re’ prefixed before ‘search’ implies a verification or supplementation to existing knowledge. However, meaningful outcomes can only be achieved if the research is not directionless, unspecific and unsystematic.

The purpose of research includes but is not limited to the following:

• To address a specific issue or a question;
• To contribute to existing knowledge or literature in a discipline; and
• Policy making etc.

OBJECTIVE :

The objective of this article is to give a broad perspective to the audience about the what? And how? of legal research. The main aim of this article is to make a layman understand in simple terms as to what is legal research and why is it conducted and what are its types.

LEGAL RESEARCH AND ITS TYPES

LEGAL RESEARCH- MEANING :

Legal Research is a scientific investigation in the field of law. It is a process of making discoveries and adding to the already existing state of law. It is the process of studying the law to find legal answers to legal queries. It includes a systematic finding or ascertainment of law on a given topic or area, or an inquiry in the law with a view of making advancements to the literature of the law.

Legal research also implies ascertainment of an assumption or a hypothesis by scientifically investigating into the available information and gathering evidence to it. The process is not just limited to the ascertainment of the technicalities of the law but to also contribute to the philosophy, by finding out philosophical and policy related arguments to it. It has a broad ambit and is done constantly by lawyers, judges, academicians and law students for an in-depth understanding of the nature of legal problems.

PURPOSE OF LEGAL RESEARCH :

Law does not operate in a vacuum. It is dynamic and ever changing. It not only reflects the attitude and behavioural norms in a society but also controls and mould them. With the complexities of the modern society, it becomes often more so necessary to conduct legal research to ascertain the law on a given legal query. As the needs and norms of a society change with time and space, the law has to become even more dynamic to adapt to the changes. Legal research becomes even more of a complicated task when the inquiry in a legal question involves research into the whole literature of law that includes a plethora of acts, statues, amendments, bye-laws, orders, ordinances and customs etc. One of the main objectives of legal research is to expound on the various aspects of the legal system, the legislature and also the judiciary. It also aims to find out the nature and functions of law in society. It is therefore crucial and becomes essential to point out the weaknesses and ambiguities in law so that a clear ascertainment of law in the area is done to ensure coherence, consistency, social-audit, stability, underlying policy and to suggest reforms in law. Hence, the process of research is to critically examine the law for below explained reasons and is not exhaustive:

• Ascertainment of Law :

The law related and available to a legal query might be scattered and even a single issue may involve an application of various laws. In a complex mass of legal statues coupled with legal material it becomes strenuous to find complete law on a particular topic. Not to mention, judicial pronouncements adds even more to the complexity of the research. Hence this process involves an extensive research and critical analysis of legal instruments and judicial pronouncements.

• Highlighting ambiguities and gaps :

The law is not designed to answer every contingency that may arise in future and also sometimes the language and phraseology used may not fit with the legislative intent or match with other provisions of the Act. Hence, research becomes necessary to highlight these ambiguities and gaps.

• Determining Coherence, Stability and Consistency :

Its only by critical analysis of the law that a researcher can exhibit coherence, consistency and stability in the law. This helps in the design and development of law.

• Social-Auditing of Law :

It is a pre-legislative step to understand the factors in the society that had an impact in making of the law. This helps in identifying the gaps in legal ideals and social reality and to know the reasons thereof.

• Suggesting Reforms :

Legal research becomes even more necessary when reforms are to be suggested to existing state of laws. It could be via historical, philosophical, analytical or comparative methods.

SOURCES OF LEGAL RESEARCH:

There are two major sources of Legal research. They are classified as Primary and Secondary.

• Primary Sources: Primary sources are authoritative records of law and are key to legal research. They establish the general source of law as it is made by the legislation or the law making authority. Primary sources include law and statutes (by central or state legislation), orders, ordinances, bye-laws, treaties, rules and regulations, case laws and authoritative decisions of the Courts.
• Secondary Sources: sources which explains or interprets law in details while not being a primary source falls under the category of secondary sources. It also summarizes the law providing a better understanding of the complexities. They include reports, journals, manuals, digests, commentaries, books by learned authors and jurists, magazines and newspapers, abstracts, online sources, dictionary and encyclopaedia etc.

TYPES OF LEGAL RESEARCH:

The types of research are classified into many categories but usually they are studied as a comparative analysis for a better understanding. They are as follows:

• Descriptive and Analytical Legal Research :

Descriptive Legal Research focusses more on the ‘what’ rather than ‘why’ of the research subject. It describes the characteristics of the phenomenon that is being studied. It focusses on the state of affairs as it is. Without giving the causes for the same it studies the phenomena reporting what has happened and what is currently happening. To tools used in such research method are fact-finding enquiries, surveys, comparative and co-relational methods. However, it does not seek to establish any relationship between the variables.

Analytical Research on the other hand, involves a critical evaluation of available facts and information. It is a style of qualitative inquiry. It is more specific research that involves critical thinking skills.

• Applied and Pure Legal Research :

The main aim of an applied legal research is to find a solution to a legal problem at hand. It is a straight-forward practical approach. The results of such research is applied in a practical context. It is full-fledged research on a specific area of law which involves gathering useful information about the technical concepts and principles of law involved and also forming an opinion keeping in mind the prospects of the client.

However, Pure Legal Research aims at generalization and formation of a legal theory. It is also known as basic legal research. The main aim is to broaden the understanding about a particular area or a subject upon which the research has been conducted. Such results may not be utilized in a practical context but definitely contribute to the theory of the literature.

• Quantitative and Qualitative Legal Research :

Quantitative Legal Research is a tool that is used to collect data and describe the nature of the demographic content. It attempts to collect quantifiable amount of data for research which is used for statistical analysis. The methods used in such research are surveys, polls, questionnaires etc. the result of such an analysis is depicted in numerical form.

However, in Qualitative Legal Research the data for research is collected from relatively small group of subjects. The data is usually in the form of a narrative and is not analysed with statistical techniques. The various methods used in such research are narratives, story-telling, ethnography and grounded theory practice. It is a method to study people or system and their behavioural aspects. It involves a regular interaction with and observation of the subjects.

• Conceptual and Empirical Legal Research :

A Conceptual Legal Research doesn’t involve practical experiments. In this method the research is conducted by analysing and observing the data and information already present at hand on a given topic. It is related to abstract notions, concepts and ideas. This method is generally adopted by philosophers and thinkers to either develop new concepts or to re-interpret a particular theory or concept.

Empirical Legal research on the other hand, relies upon observation and experience. The results of such research can be verified by observation and experiments. It is multi-disciplinary method of research which involves other domains other than legal such as social sciences, evaluation studies and big-data analysis.

OTHER MAJOR METHODS OF LEGAL RESEARCH:

Apart from the methods that are discussed above there are other major methods of legal research as well. They are:

• Doctrinal Legal Research :

This is a subjective form to legal research. It involves research which is limited to the perception of the researcher rather than the actual practice of law at the Courts. The main aim of this research is to find ‘what is the law?’ on a particular issue or subject. It concerns with finding the law followed with a critical analysis to give a logical explanation behind it. The basic material involved in such research is statutory i.e., gathered from primary sources and also from the secondary. The results of this research contributes immensely to the continuity, consistency, coherence and certainty of law.

• Non-Doctrinal Legal Research :

This method is also known as socio-legal research. This method of research transcends its boundary of being limited to just the legal technical aspects and overlaps with the society. The results of this research is an empirical value that is obtained with an active involvement of methods from other discipline. This facilitates the process of keeping law growing and organic by viewing it from the perspective of a different discipline. It is hence vital in explaining the impact of law and legal practice and procedures on societal institutions like family, business, etc.

• Comparative Legal Research :

This method involves a comparative analysis of legislations and doctrines with foreign laws. This method is crucial because it plays a vital role in amendment, modification and development of law. The social and cultural character of law and how it operates in a different setting comes into play in this method. But before adopting methods from a setting with completely different cultural and social character it is advised to be cautious as they may not operate in the same manner in a different setting.

MAJOR PROBLEMS IN LEGAL RESEARCH:

While the process of legal research is crucial but sometimes a researcher may encounter certain problems while collecting the data for research nor conducting experiments and observations that include surveys and polls. Some of the major problems are:

• Cultural Problems;
• Structural and procedural (unsympathetic attitude of authorities);
• Lack of resources;
• Incompetence or inadequate planning; and
• Lack of networking and forums.

CONCLUSION:

Every method that is employed in legal research has its own importance. The process of legal research is vital and also crucial because law doesn’t operate in a vacuum. Law and society both have an interaction with each other every now and then. Legal Research makes suggestions for the improvement of legal system and also social welfare. It aims for the advancements in the field of law. It opens new avenues for further research. Sometimes the researcher may come across hurdles while conducting such research but they can be avoided by adequate planning of the process.

REFERENCES :

• https://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/law/09._research_methodology/02._legal_research/et/8149_et_et.pdf
• https://nji.gov.ng/wp-content/uploads/2021/12/Legal-Research-Methodology-and-Applicable-Procedures-to-Legal-Research-in-Nigeria-by-Prof.-Abugu.pdf
• LEGAL METHODOLOGY, MHRD
• LEGAL METHODOLOGY – UWAKVE ABUGU

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5 Doctrinal Legal Research as a Means of Synthesizing Facts, Thoughts, and Legal Principles

• Published: January 2020
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Doctrinal legal research (DLR) is a predominant method employed by various classes of legal researchers. It involves rigorous analysis and creative synthesis of multiple doctrinal strands. Doctrines are central to juridical treatment of concepts. Since legal propositions have roots in economic, social, political, and psychological factors, an inter-disciplinary approach becomes essential. Because of the need to overarch changing values, social mores, and economic factors, doctrinal research collaborates with historical, comparative, analytical, and philosophical methods of research. DLR has a long history and definite procedure. Adoption of required steps systematises DLR. It has received criticism for excessively relying on concepts rather than social inputs; for ignoring the empirical techniques; for concentrating only on court decisions or legal rules. It differs from non-doctrinal legal research in the matter of data, venue of research, and time and money utilised. Because of social character of law there is need for collaboration between DLR and NDLR for positive outcome.

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