Did you know that conducting legal research is among a paralegal’s primary duties? Yes, it is and, as a paralegal, you must know its essential techniques.
Of course, you’ve studied legal research during your associate’s or bachelor’s degree program. But you may want to brush up on these legal research techniques for paralegals now. Conversely, if you’re an aspiring paralegal, use this article as a guide.
Paralegals perform legal research as part of their support services to lawyers. Complete and accurate legal research supports the following:
- Development of an effective case strategy
- Drafting of proper and persuasive legal documents
- Successful representation of clients in court
Indeed, the best legal research can boost favorable case outcomes for attorneys. Mastering legal research techniques is a crucial aspect of it.
So, if you’re interested in mastering essential skills for paralegal legal research, read on.
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Importance of Legal Research for Paralegals
Lawsuits can be high-stakes activities for clients and their lawyers. As such, nothing can be left to chance if winning is a must. Winning starts with complete, accurate, and relevant legal research.
Supporting Attorneys in Building Cases
Paralegals perform legal research to support lawyers in building strong cases. Finding relevant laws, rules and regulations, and legal precedents is part of it.
Ensuring Accuracy and Compliance
Paralegals must exercise due diligence to avoid errors in their legal research. Even the smallest of errors can have a significant impact on case outcomes. Worse, small errors that violate legal standards can have negative consequences.
Time Management
Paralegals usually handle many cases at any time. If you perform efficient research, you’re saving time and money. Your supervising attorney can focus on case strategy, not on finding errors in your work.
Fundamental Legal Research Techniques
Start by mastering the fundamental legal research techniques for paralegals. This way, you’ll have a strong foundation for the advanced techniques.
Understanding the Legal Issue
Read the case file and its supporting documents first.
- Analyze the facts of the case and its details.
- Identify the legal questions and relevant legal principles.
- Frame the research questions clearly and concisely.
Of course, how paralegals conduct case law research depends on their style. But understanding the legal issue first is a crucial step.
Keyword Identification and Boolean Searches
Paralegals have access to digital databases for more effective and efficient legal research.
- Use specific legal terms, synonyms, and connectors for an efficient search.
- Take advantage of Boolean operators (e.g., AND, OR, NOT).
Doing so leads to more refined search results.
Primary vs. Secondary Sources
Paralegals must know the difference between:
- Primary sources (e.g., laws, judicial opinions, and regulations; legally binding)
- Secondary sources (e.g., treatises, legal encyclopedias, and law reviews; explanatory and interpretative only)
Using Legal Citators
Legal citations are vital in verifying the authority and validity of case law. Use Shepard’s or KeyCite for this purpose.
Conducting Case Law Research
Case law research involves finding legal precedents from the courts’ judicial decisions. Legal precedents can support legal arguments and reasoning.
Finding Case Law Using Legal Databases
- Use the legal database tools for paralegals for court rulings and judicial opinions. The best are Westlaw, LexisNexis, and Bloomberg Law.
- Search legal precedents by court, jurisdiction, or legal topic, too. Citing statutes is also effective in finding related cases.
Analyzing Case Law
- Understand the case summaries, headnotes, and legal opinions. Read the dissenting and concurring opinions, too.
- Identify the relevant legal precedents and distinguish unfavorable cases.
Updating Case Law
Again, use citator tools to determine if the case laws are still “good laws.” Legal decisions change, so it’s vital to ensure that the case laws are still valid.
Researching Statutes and Regulations
Statute and regulation research for paralegals involves finding and analyzing them. Since statutes and regulations are legally binding, completeness and validity are a must.
Finding Statutes
There are more than 30,000 statutes – and counting – in the US. But finding relevant statutes is faster with online databases like:
- Westlaw and LexisNexis
- Fastcase and Casemaker
- Bloomberg Law
Check out government websites, too, including the United States Code and state legislative websites.
Print resources in law libraries are also available. Use annotated codes, too, for more in-depth insights.
Researching Administrative Regulations
The statutes’ implementing rules and regulations also have the force of law. Paralegals find them in reliable sources like:
- Code of Federal Regulations
- Federal Register
- State register publications
Review rulemaking histories and agency interpretations, too.
Cross-Referencing with Case Law
Laws and their interpretations evolve. So, it’s crucial to cross-reference statutes and regulations with case laws. This way, paralegals understand their real-time, real-world applications.
Using Legal Databases Effectively
Mastering paralegal legal research skills means using legal databases in effective ways. Think of legal databases as tools that are just that – tools. You can either take full advantage of them or waste them.
Overview of Popular Legal Research Platforms
Be proficient in these legal research platforms.
- Westlaw, known for its extensive case law and KeyCite tools.
- LexisNexis, which offers advanced analytics and Shepard’s citation service.
- Bloomberg Law provides users with comprehensive corporate and transactional law tools.
- Fastcase, an affordable alternative for legal research.
Tips for Navigating Databases
Keep these best practices for legal research in paralegal work in mind.
- Use filters, topic-specific sections, and practice area tools. Boolean search techniques and jurisdictional filters are examples.
- Save and organize your research results. Using bookmarks, tags, folders, highlighters, and annotations is excellent.
Leveraging Free Online Resources
Many of the effective legal research methods for paralegals involve money. Why not consider taking full advantage of free online resources, too? Check out government websites and state legislature pages for this purpose.
Secondary Legal Research Tools
These are valuable tools for summarizing and analyzing legal questions and topics. Note that these aren’t legally binding. Their value lies in enabling legal professionals to develop legal arguments, among others.
Legal Encyclopedias
If you’re looking for background information, check out legal encyclopedias. These are excellent resources for understanding complex legal terms and concepts first.
- American Jurisprudence (AmJur)
- Corpus Juris Secundum (CJS)
Treatises and Practice Guides
These secondary research tools provide a more in-depth analysis of specific legal topics. Examples include criminal law, torts, and contracts. Legal experts and scholars, as well as licensed attorneys, provide their insights.
Law Reviews and Journals
State bar associations, law schools, and legal organizations publish these sources. You’ll find valuable insights into current legal issues here.
Tips for Organizing and Presenting Research Findings
These legal research strategies for paralegal professionals are all well and good. But if you can’t organize and present your research findings well, these are all in vain.
Creating Detailed Research Logs
You’ll have a faster time finding relevant information with detailed research logs.
- Always document your sources, search terms, and relevant findings.
- Update your research logs on a regular basis.
- Assign file names and case numbers.
Summarizing Key Information
Draft clear and concise legal documents, including:
- Case summaries
- Legal arguments
- Statute interpretations
Use plain language but stick to the legal terms.
Communicating Effectively with Attorneys
Effective communication of your research results is the culmination of your efforts. Your supervising attorney will appreciate a clear, organized, and actionable presentation.
Common Challenges in Legal Research and How to Overcome Them
Paralegals say that legal research is among their most challenging duties. The sheer amount of statutes, case laws, and regulations make it complicated. Fortunately, there are strategies to help you overcome these challenges.
Navigating Complex Legal Language
You can overcome the challenge of understanding legal terms by:
- Using legal dictionaries and glossaries to get a better understanding
- Rewriting complex legal terms in plain language
Overwhelming Volume of Information
There’s a sheer amount of information in legal databases and print publications. Navigating them is an overwhelming process that can be made easier by:
- Starting your research with clear and concise research questions
- Using specific keywords and jurisdictional filters
As you go along, you’ll learn to separate the wheat from the chaff, as they say.
Staying Current with Changing Laws
Laws aren’t static so keeping up is a challenge. Be sure to subscribe to legal updates and alerts for timely information.
Continuing Education for Paralegal Research Skills
Being proficient in the fundamentals of legal research for paralegals isn’t enough. Paralegals must update their skills, even gain new skills, in legal research.
Professional Development Opportunities
You must attend workshops, webinars, and CLE courses focused on legal research.
Certifications for Advanced Research Skills
Consider earning professional credentials, such as:
- NALA Certified Paralegal (CP)
- NFPA Registered Paralegal (RP)
Networking with Legal Professionals
Learning from your peers and mentors about new tools and techniques is always a good thing.
Conclusion
Just like the laws, legal research techniques for paralegals aren’t static. You must then engage in continuing education to update and upgrade your skills. Focus on mastering tools like legal databases, case law analysis, and regulatory research.
