Introduction To Legal Research

Question 1

What is legal research?

Answer 1

It is when a lawyer researches law thoroughly and accurately to produce advice to meet clients needs.

Research is required by lawyers to advise clients on the strength of the case, options available and likelihood of success.

Skills required for legal research:
- persistence
- patience
- imagination
- lateral thinking
- determination
- ability to make clear judgements
- good legal writing skills
- ability to give clear advice

Question 2

What does legal research involve?

Answer 2

Involves looking at legislation, cases, and statutory instruments.

Analysing a client’s problem to identity the client’s objectives, the issues that require research and to formulae a plan.

Question 3

Why is legal research important?

Answer 3

Clients require accurate legal advice that is up to date, addressed all their concerns and objectives and provides coverage of all potential aspects of the case.

If the advice is not accurate - firm could face a complaint or case of negligence.

Also, it increased the client care as the lawyer understands the client and the case

Question 4

What skills are developed during legal research?

Answer 4

1. Thinking logically and clearly
2. Analysing materials from different sources
3. Presenting results clearly, concisely and precisely
4. Learning to recognise non-legal issues that are important to the client

Question 5

What is the suggested approach to legal research?

Answer 5

1. Analysing the problem
2. Researching the law
3. Presenting of results

Question 6

What are the do’s and don’t of legal research?

Answer 6

1. Do approach with open mind and remember there might not be definitive answer
2. Don’t skip early stages of analysis of the problem
3. Do think of early stages of analysis as an important part
4. Don’t panic when there is more than one answer - need to report to the client honesty
5. Don’t take shortcuts - advice just be accurate, full and correct. Shortcuts increase risk of an error
6. Do always check primary source - secondary sources should not be relied upon.
7. Don’t ignore anything because it does not ‘fit’ with clients case - advice must be accurate and realistic
8. Do give the client a complete picture of the law even if that means giving bad news