The Importance of Legal Research | Law Student Division 8/9/15, 1:45 PM
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The Importance of Legal Research
Lawyer
Vol. 41 No. 8
Student Lawyer
By Shawn G. Nevers provides guidance on
educational, career,
and related issues for
I doubt Steven Spielberg thought anyone watching Lincoln would ABA Law Student
think about legal research, but that’s what happened to me. In Division members and
one pivotal scene, Lincoln and his Cabinet gather to discuss the other subscribers. It is
proposed amendment abolishing slavery. Various Cabinet published monthly,
members are opposed to supporting an amendment they see as September through
unlikely to pass by the needed super-majority. May, by the Law
Student Division of the
Lincoln, on the other hand, supports the amendment. He feels
American Bar
strongly that slavery must be abolished, but, he worries that the Association. Student
Emancipation Proclamation is vulnerable. The Proclamation was a Lawyer is available
war measure, he explains, but, without a war, questions about the online to members
legality of the Proclamation and its effects will no doubt be raised. of the ABA Law
A constitutional amendment is the legal cure needed to settle the Student Division and
uncertainty and end slavery for good. to print subscribers.
As I listened to Lincoln explain his reasoning, I couldn’t help but Visit the ABA Law Student
Division
think about legal research. Lincoln had found, understood, and More Publications from the Law
applied the law. This process allowed him to correctly assess the Student Division
legal weaknesses of the Emancipation Proclamation. It also A Note to Faculty
helped him realize that a constitutional amendment was the best
solution available. In that way, legal research played a critical role
in Lincoln’s decision to pursue the 13th Amendment despite heavy
opposition.
While Lincoln’s legal research didn’t include Westlaw or Lexis, its
underlying principles of finding, understanding, and applying the
law remain the same today. Today’s lawyers continue to use legal
research on a daily basis to prepare them to advise clients,
negotiate with opposing counsel, or persuade a judge or jury.
You’ll experience the importance of legal research when a client
seeks your help to modify a child custody order, to sue for
misappropriation of trade secrets, or to defend them in an insider Additional
trading case. Legal research will help you find, understand, and Resources
apply the law. Performing good legal research in this way will The ABA Law Student
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The Importance of Legal Research | Law Student Division 8/9/15, 1:45 PM
provide you with the foundation you need to proceed confidently Division maintains
and achieve the best result for your client. several helpful
resources for law
Despite the importance of legal research in legal practice, I’m
students:
often surprised at how many first-year law students (and
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sometimes others) seem disinterested in the topic. Maybe I
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shouldn’t be surprised—legal research doesn’t hold the appeal of
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some topics, like constitutional or criminal law. Legal research
also requires more hands-on work, which rarely evokes
Subscriptions
endearment from law students. Many students even have the
A subscription to
mistaken notion that legal research is easy.
Student Lawyer is
But, whatever the reason for the initial lack of interest in legal included with a $25
research, something changes when law students head out to legal annual membership in
jobs during the summer. That’s because they’re asked to research the ABA Law Student
—again and again and again. In fact, the majority of law students Division. If you are a
I talk to spend the majority of their summer researching. student at an ABA-
approved law school,
So, while law students may or may not grow to love legal
you can join by visiting
research, they do come to understand that it’s a critical skill they the ABA membership
must acquire. In fact, upon returning from the summer, many of website or calling the
my former students remark that our legal research and writing ABA Service Center at
class was by far the most helpful of their first year. I always wish 800-285-2221.
they would have realized this earlier—and they do too—but better
If you do not attend an
late than never. ABA-approved law
The sooner you gain an appreciation for the importance of legal school and want to
research the better. Here are a few tips that might help: subscribe, print out,
complete, and return
Take a broader view of research. Some students and even a nonmember
attorneys have a narrow view of research. To them, research is subscription
Lexis or Westlaw. Good legal research, however, is much more application [PDF].
than a research system; it’s a process. Good legal research is
intertwined with analysis, understanding, and application. While More Information
finding the law is important, “one has not truly found the law until Copyright information
he understands it,” as one prominent law librarian has noted. A Advertise in Student Lawyer [PDF]
Writer's guidelines [PDF]
research system can’t do that for you.
A lawyer’s understanding and analysis of a case often begins in
Contact Us
the research stage when she identifies the relevant facts and
Austin Groothuis,
determines the legal issues that must be researched. This
Director
analysis continues and is refined as she decides where, how, and
American Bar
what to search. As she finds seemingly relevant legal materials, Association
she must understand them and how they apply to the facts of her Law Student Division
case. This research provides a crucial analytical foundation that Phone: 312-988-5591
will inform her decisions for the remainder of the case. When
Nicole Israel, 2013–
viewed in this light, research can be seen not merely as a fleeting
14 Student Editor
Westlaw search, but as a critical, enduring component of New York Law School
representing a client.
Take research seriously. If you’re serious about getting
yourself ready to practice competently, you need to be committed
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The Importance of Legal Research | Law Student Division 8/9/15, 1:45 PM
to developing your research skills. The first step is easy—don’t
blow off your research classes. The more you put into these
classes, the more you’ll get out of them.
Taking research seriously also means working on your research
skills and knowledge outside a structured class. I know that
sounds crazy, but hear me out. The truth is that there’s never
enough time in a legal research class to cover everything—the
intricacies of specialized areas, the latest databases, etc. It’s
likely that your law library provides optional training sessions to
help you learn these things. You won’t be able to attend them all,
but go as often as you can. Westlaw, Lexis, and others also
provide training, as well as a number of online tutorials that can
be helpful.
Your law library, as promoter of all things legal research, also
likely has a blog, a Twitter account, a Facebook page or [enter
new tool here] that keeps students up to date on new databases
or legal research tips. Keep track of these sources, or some from
another library, and you’ll be surprised how much additional legal
research knowledge you gain that will help you in school or at
work.
Take advanced legal research. Most law schools offer some
sort of advanced or specialized legal research course as an
elective. Take it! Take it even if you don’t love legal research.
Especially take it if you’re not good at legal research. You will
soon be doing research on someone else’s dime. Why not get
ready for it?
Most, if not all, advanced legal research classes are taught by law
librarians. They are expert researchers who know about the latest
legal resources and can teach you a lot about the legal research
process. You’ll also get the chance to do a lot of research, which is
critical to becoming a good researcher. If you don’t practice
researching now, you’ll be doing it at your job, which is where
you’d be better off impressing than learning.
Abraham Lincoln’s quip about a book he read could easily be
applied to legal research—“People who like this sort of thing will
find this the sort of thing they like.” The truth is, however, that
whether you like it or not, legal research is a critical part of
lawyering. Don’t underestimate its importance.
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