legal research and legal writing

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 Aug 9, 2024 601 views this year
• Zotero by Daniel Becker Last Updated Nov 27, 2024 42246 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 10352 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) (Westlaw)
• American Jurisprudence (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 8861 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 7081 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 1299 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:

Additional Shepard's Resources

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• Shepard's Signal Indicators & Analysis Phrases
• Shepard's Citation Services User Guide
• Lexis+ Support and Training Additional online videos and handouts for Lexis+.

Additional KeyCite Resources

• How to Ensure I'm Citing Good Law (Westlaw Video)
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary
• Understanding Next Generation KeyCite
• How to Check the Status of a Case with KeyCite
• Westlaw Precision Support Additional videos and handouts to support your Westlaw research.

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

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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.

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Legal Research and Writing: Essential Skills for Student Success

Legal research and writing are the cornerstone of legal education and practice. Mastering these skills is pivotal for law students and a prerequisite for a successful legal career. This blog post delves into the significance of legal research and writing, outlining how students can harness these tools to excel in their studies and lay a strong foundation for their future as legal professionals.

The Fundamentals of Legal Research

Legal research is the systematic process of identifying and retrieving information necessary to support legal decision-making. In law studies and practice, its primary purpose is to find an ‘authority’ that will aid in solving a legal problem. Whether a law student or a practicing attorney, legal research helps understand the law, find legal precedents, and provide the legal framework for handling cases. For those who find this process daunting, seeking assistance from professional research paper writers can be a valuable resource. These experts can guide and support navigating complex legal databases and sources, ensuring that the research is thorough, relevant, and effectively supports the legal argument or case.

Key Resources and Tools

Legal research encompasses various resources and tools:

• Law Libraries: A traditional yet invaluable resource offering access to a vast collection of legal texts, case law, statutes, and periodicals.
• Online Legal Databases: Tools like LexisNexis, Westlaw, and Bloomberg Law provide comprehensive digital access to case law, statutes, and legal commentaries.
• Legal Journals are crucial for staying updated with the latest legal research, theories, and case studies.

Steps for Conducting Effective Legal Research

• Identifying and Articulating the Legal Problem: This involves understanding the issue in detail, which is critical for effective research.
• Locating Relevant Legal Sources and Materials: This step requires using various resources to find statutes, case law, and legal opinions pertinent to the issue.
• Analyzing and Interpreting Legal Texts: The final step involves interpreting the findings and how they apply to the legal problem, requiring a deep understanding of legal principles and precedents.

Mastering Legal Writing

Legal writing is crucial for effectively communicating legal analysis and arguments. It is the medium through which a lawyer or law student expresses their understanding of legal issues and their ability to argue cases or provide legal opinions. Clarity, precision, and persuasiveness in legal writing directly impact legal arguments’ effectiveness in courtrooms, memos, and other legal documents.

Different Forms of Legal Writing

Legal writing can take various forms, each serving a different purpose:

• Case Briefs: Summarize court opinions. Case briefs are a fundamental tool in law studies.
• Legal Memos: Used to advise clients or other attorneys on legal matters.
• Legal Correspondence: Encompasses a variety of communications, including letters to clients, opposing counsel, and court filings.

Essential Elements of Effective Legal Writing

• Clarity and Precision in Language: Legal writing should be clear and concise, avoiding ambiguity or excessive legal jargon.
• Logical Structure and Argumentation: Arguments should be logically structured, making it easy for the reader to follow and understand the reasoning.
• Proper Citation and Referencing of Legal Sources: Citing authorities accurately is essential for supporting arguments and demonstrating legal knowledge.
• Adherence to Legal Writing Conventions and Formats: Different legal documents require different formats and conventions, and it’s essential to adhere to these standards for professional and effective communication.

Integrating Research and Writing

Effective legal writing is deeply rooted in robust research. Research provides the factual and legal foundations upon which arguments are built. By integrating comprehensive analysis, legal writing becomes more authoritative and persuasive. Facts and legal precedents gleaned from research lend credibility to legal disputes , ensuring they are well-supported and grounded in law.

Developing a Research-Based Approach to Legal Writing

To develop a research-based approach in legal writing:

• Start with Thorough Research: Before beginning to write, conduct extensive research to gather all relevant facts and legal precedents.
• Organize Research Findings: Organize your research systematically to ensure you can easily reference and incorporate these findings into your writing.
• Use Research to Form Arguments: Use the information and precedents from your research to support your legal arguments and positions.

Developing Critical Thinking and Analytical Skills

Critical thinking is paramount in legal research and writing. It involves understanding legal principles and analyzing how they apply to various situations, questioning assumptions, and evaluating the strength of arguments. In legal research, critical thinking enables one to discern relevant from irrelevant information and to identify the most persuasive authorities. Writing allows for the construction of logically sound and convincing arguments.

Techniques for Honing Analytical Skills

Engage in Active Learning: Rather than passively reading legal materials, actively question and critique what you read. Consider alternative perspectives and potential counterarguments.

Practice Writing Regularly: Regular writing exercises like drafting briefs or memos on hypothetical cases can sharpen analytical skills.

Peer Review and Feedback: Engage in peer reviews where you can receive and give feedback. This process can provide new insights and ways of thinking.

Simulated Legal Scenarios: Participate in moot court or mock trial exercises, which provide practical experience in applying legal research and writing skills in a simulated real-world context.

Practical Tips and Strategies

In legal research, starting with a well-defined plan is essential for efficiency. A clear understanding of the legal issue at hand guides the selection of relevant resources and tools. To ensure a comprehensive understanding, it’s essential to utilize a broad range of sources, including case law, statutes, legal journals, and online databases, while avoiding over-reliance on any single type. As legal precedents constantly evolve, keeping abreast of the latest cases and legislative changes is crucial. Organizing research materials effectively is also vital, as it saves time and enhances the ability to retrieve information quickly.

Writing Techniques

The emphasis in legal writing should be on clarity, persuasiveness, and cohesiveness. Using precise and concise language helps make arguments easily understandable, removing unnecessary legal jargon and complex sentences. This is where tools like a chat gpt essay writer can be handy, providing students with examples and guidance on how to craft coherent and effective legal documents.

A strong structure is vital, beginning with a clear thesis, followed by well-supported arguments, and concluding effectively. Persuasiveness in legal writing can be enhanced through analogies, precedents, and logical reasoning. Additionally, incorporating technology like chat gpt for initial drafts or to gain new perspectives can be beneficial. Regular editing and peer reviews are also integral to ensure coherence, grammatical accuracy, and legal precision in legal writing.

Time Management and Organization Tips

Effective time management and organization are crucial in balancing research and writing tasks. Prioritizing tasks based on their importance and urgency, setting realistic deadlines, and using technology efficiently can significantly enhance productivity. Allocating specific times for research and writing ensures that both tasks receive adequate attention and focus.

Overcoming Common Challenges

Common pitfalls in legal research and writing include an overreliance on specific sources, leading to a narrow perspective, and unclear writing due to complex sentence structures and legal jargon. Expanding research sources and exploring diverse legal opinions and interdisciplinary materials is advisable to overcome these challenges. Enhancing writing skills through workshops, mentor feedback, and regular practice is also crucial. Staying updated with legal developments and continually refining writing styles helps maintain clarity and effectiveness.

The Role of Legal Research and Writing in Career Development

Proficiency in legal research and writing significantly impacts career opportunities and growth in the legal field. These skills are the foundation for effective advocacy and crafting compelling arguments and are critical for any legal professional. High proficiency can lead to recognition, advancement opportunities, and specialization, especially in fields requiring intensive research and writing.

The transition from Academic to Professional Legal Writing and Research

The transition from academic to professional legal writing and research involves adapting academic skills to the practical needs of real-world legal challenges. This may require more pragmatic and concise writing styles or the usage of EssayPay, a reliable essay writing service. Continuous learning and adaptation to meet evolving legal standards, client needs, and technological advancements are integral to a successful legal career.

These skills form the bedrock of legal proficiency, from meticulously navigating various resources for comprehensive research to articulating complex legal arguments with clarity and precision. The ability to integrate research into persuasive legal writing and develop critical thinking and analytical skills sets the foundation for excellence in the legal field.

Furthermore, practical strategies like effective time management, overcoming standard research and writing pitfalls, and adapting to professional standards are vital in transitioning from academic to real-world legal challenges. For aspiring legal professionals, mastering legal research and writing is a continuous learning and adaptation journey, pivotal for career advancement and effective legal practice. This blog post serves as a guide, helping law students navigate this journey and honing their skills for a future where they stand out as proficient, thoughtful, and impactful legal practitioners.

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Tanuj Kalia, CEO of Lawctopus, graduated from NUJS Kolkata in 2013 with B.A. LL.B. (Hons.) and completed his M.A. in Law, Politics, and Society from AUD, Delhi in 2019. Tanuj started Lawctopus in 2010 which today is the go-to platform for law aspirants, law students, and young lawyers for their career growth requirements.

His keen interest in writing and the broad field of human development led him to author the book “Law as a Career,” which serves as a comprehensive guide for those navigating the legal world. He started NoticeBard.com in 2017, and Lawctopus Law School in 2020, and has been inspiring countless individuals to pursue successful careers in law.

Abhayraj Naik did his BA LLB (Hons.) from NLSIU Bangalore in 2006 and LLM from Yale Law School in 2009.

He is currently an independent researcher and consultant and has previously taught in colleges like JGLS, Azim Premji University, and NLSIU. He has also been a research fellow at SARAI-CSDS, and a researcher at the Environment Support Group in Bangalore.

Shrutanjaya Bhardwaj is the lead researcher and content developer of this course and worked closely under the guidance of Abhayraj. He completed his BA LLB (Hons.) from NLUD in 2017 where he was awarded the Vice Chancellor’s Gold Medal for the Best Overall Student (Male).

He then worked at the chambers of Gopal Sankarnarayanan for a year and then went on to complete LLM from Michigan Law School in 2019.

Prof. Anupama Sharma is an Assistant Professor at JGLS, Sonipat. She has completed B.A. LL.B. (Hons.) from the NUJS, Kolkata in 2014, and LL.M. from the University of Cambridge, UK in June 2015, and is currently pursuing her Ph.D. from the University of Hong Kong.

She has been a part of various research projects run by institutions and organizations, such as Cambridge Pro Bono Project, Commonwealth Human Rights Initiative (CHRI), International Justice Mission, etc. She has also been a Legislative Review Team member for the Journal of Indian Law and Society (JILS).

Vershika Sharma graduated from NLU Jodhpur and completed her LLM from HPNLU, Shimla, where she secured a Gold Medal.

She has been a topper throughout her academic career. Immensely invested in and passionate about education, Vershika has been an academic mentor at IDIA, Rajasthan.

Vershika was the faculty for live sessions for legal research and writing course. To enhance her online teaching skills, Vershika also completed an intensive online course on ‘ The Art of Facilitation ‘ from Colab.x.

Rabindra Kumar Mitra is a law graduate from National Law University, Odisha, currently practicing as a Counsel in Calcutta. He regularly appears in Arbitration, Company Law, Civil, and Commercial matters before the High Court at Calcutta, NCLT, DRT and Arbitral Tribunals.

Rabindra has experience as a faculty member at CLATapult and has also contributed to iPleaders.in as a Freelance Editor.

Rabindra has developed the module “How to Write Prize-Winning Legal Essays” for this course.

Mansi Mankotia graduated with a B.A.LL.B (Hons.) from H.P. University in 2020 and pursued an LLM specializing in criminal law from NLU Shimla. Currently, Mansi is dedicated to advancing her expertise through a PhD in Law. With professional experience as an in-house counsel, she currently serves as a Learning Manager at Lawctopus Law School, contributing to the development and delivery of practical law courses.

Jaibatruka Mohanta completed his B.L.S LL.B from the SVKMs Pravin Gandhi College of Law, University of Mumbai. During his law school years, he won 3 national and 1 international moot court competitions amongst other accomplishments. Since his time in law school, he has been interested in research activities and human rights policies with an inclination towards litigation.

After graduating from law school, he began his career as a Research Fellow at the Centre for Environmental Law, Education, Research and Advocacy (CEERA), National Law School of India University (NLSIU) to delve into cutting-edge research and policy formulation. In CEERA he is involved in policy formulation, research activities, and litigation matters. In addition, he is engaged as a faculty with Lawctopus.

Aditya Aryan , a BBA-LLB (Hons.) graduate from ICFAI Law School, Dehradun, currently leads the content vertical at Lawctopus. Passionate about education and innovation, Aditya has been actively involved in developing courses and creating educational resources since his college days.

For this course, Aditya, along with his team, has designed modules on Fundamentals of WordPress , Keyword Research & SEO , and Using Google Analytics and Search Console for Article Analysis , offering practical and insightful learning opportunities.

Aditya also holds an impressive track record in Mediation and Online Dispute Resolution (ODR) and is the only Indian mentee at the prestigious International Academy of Mediators .

Add-on Benefits

• Completion certificates are issued by Lawctopus Law School after completing the course.
• Merit certificates are awarded to best-performing learners.
• Access of webinars on litigation basis, civil drafting, criminal drafting, etc., are given for free
• LLS alumni groups are available for exclusive internship/job notifications and discounts on courses/workshops.

Money Back Guarantee

In case you do the course sincerely and are still dissatisfied with it, we’ll refund you 100% of the money you invested; no questions asked. We are that confident in our course!

What does ‘sincerely’ mean? It means that you attend at least 75% of the live classes and complete the compulsory assignments successfully. If you still don’t think the course was worth the money, we’ll refund the full amount, no questions asked!

Just email us at [email protected] and the refund will be issued within 7-10 working days.

If you have any queries regarding the course, please send an email to [email protected] and we will get back to you within 24 hours!

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

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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

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