legal research analysis & writing

Legal Research, Analysis, and Writing | 5th Edition

Available study tools, cengage infuse for putman/albright's legal research, analysis, and writing, 1 term instant access, about this product.

Prepare future paralegals for careers in law with Putman/Albright's popular LEGAL RESEARCH, ANALYSIS, AND WRITING, 5E. This reader-friendly, step-by-step approach introduces traditional and technology-driven research, analysis and writing. Each chapter walks students through the legal processes dealing with key facts and issue spotting, analysis and counter-analysis, research, secondary authorities and citations. Students also master strong legal writing techniques for briefs and memoranda. Updates address the rapidly growing field of digital legal research and highlight reliable commercial and public legal research sites. Each chapter begins with a hypothetical scenario and ends by applying the chapter’s concepts to the opening scenario. The latest examples, exercises, Practice Alerts and Cengage Infuse digital resources all reinforce skills to help paralegals stand out in today’s tech-driven job market – whether they’re taking your course in-person or online.

Legal Research, Analysis, and Writing, 5th Edition

William h. putman, jennifer albright.

Become the "go to" paralegal at your firm as you prepare for a career in law with Putman/Albright's popular LEGAL RESEARCH, ANALYSIS, AND WRITING, 5E. This reader-friendly, step-by-step approach shows you how to conduct reliable digital and traditional legal research, analyze the results and write clear memoranda and other legal documents that are well supported. Each chapter begins with an interesting hypothetical scenario and ends by showing you how the chapter’s concepts apply to the scenario. You walk through the legal process as chapters discuss key facts and issue spotting, analysis and counter-analysis, research, secondary sources, citations and writing strong legal briefs and memoranda. Updates show you trusted sources for digital research, while the latest examples, Practice Alerts learning features and optional Cengage Infuse digital resources help you refine skills to stand out as a legal professional in today's tech-driven, competitive job market.

• Table of Contents
• Meet the Authors
• Supplements
• Related Products

PART I: INTRODUCTION TO RESEARCH, ANALYTICAL PRINCIPLES, AND THE LEGAL PROCESS. 1. Introduction to Legal Principles and Authorities. 2. Introduction to Legal Research and Analysis. PART II: LEGAL RESEARCH. 3. Constitutions, Statutes, Administrative Law, and Court Rules—Research and Analysis. 4. Case Law—Research and Briefing. 5. Secondary Authority and Other Research Sources—Encyclopedias, Treatises, American Law Reports, Digests, Shepard's. 6. Secondary Authority—Periodicals, Restatements, Uniform Laws, Dictionaries, Legislative History, and Other Secondary Authorities. 7. Computers and Internet Legal Research. 8. Commercial Internet Research. PART III: THE SPECIFICS OF LEGAL ANALYSIS. 9. Legal Analysis—Key Facts. 10. Legal Analysis—Issue Identification (Spotting the Issue). 11. Legal Analysis—Stating the Issue. 12. Case Law Analysis—Is a Case on Point? 13. Counteranalysis. PART IV: LEGAL WRITING. 14. Fundamentals of Writing. 15. The Writing Process for Effective Legal Writing. 16. Office Legal Memorandum: Issues and Facts. 17. Office Legal Memorandum: Analysis to Conclusion. 18. External Memoranda: Court Briefs. 19. Correspondence. Appendix A: Court Opinions Referred to in the Text. Appendix B: Appellate Court Brief. Glossary. Index.

William Putman is a lawyer and former instructor in the programs for Legal Assistant Studies at Central New Mexico Community College in Albuquerque and Paralegal Studies at Santa Fe Community College. A member of the New Mexico Bar since 1975, he received his Juris Doctor degree from the University of New Mexico School of Law.

Jennifer Albright was an instructor and the director of the paralegal studies and judicial studies programs at Central New Mexico Community College in Albuquerque. She is currently an adjunct faculty member in legal assistant studies at Phoenix College and a professor of practice at the University of Arizona James E. Rogers College of Law. Professor Albright received her Juris Doctor degree from Southern Illinois University School of Law and her L.L.M. from Arizona State University. She a been a member of the New Mexico Bar since 1999.

RESEARCH UPDATES EXPLORE THE LATEST ONLINE AND ELECTRONIC RESOURCES: Revisions to chapters 3 through 8 now integrate discussions about today’s most current, popular online and electronic sources, including Lexis Advance, Nexis Uni, Shepard’s Citations®, Westlaw, KeyCite® and Bloomberg Law. Students also learn how to use non-commercial websites effectively to conduct primary and secondary legal research.

INCLUSIVE LANGUAGE AND APPROACH THROUGHOUT THIS EDITION DEMONSTRATE BOTH DIVERSITY AND RESPECT: Revised chapter hypothetical situations, examples and assignments have all been carefully reviewed and updated to ensure greater inclusivity that reflects the reality of both today’s student populations and future clients.

LEGAL HYPOTHETICALS CAPTURE READER INTEREST AND SHOWCASE THE IMPORTANCE OF CHAPTER CONCEPTS: Intriguing and direct hypothetical scenarios at the beginning of each chapter raise key legal questions and require students to leverage the chapter’s content to understand the issue’s relevance in the law and the real world. Examples at the end of the chapter demonstrate how to apply key legal concepts that students just learned to the chapter’s hypothetical opening, again reinforcing the relevance of the chapter’s content.

PRACTICE ALERTS HIGHLIGHT IMPORTANT CONCEPTS AND ETHICS AT WORK IN THE LEGAL SYSTEM: These Practice Alerts in each chapter draw students’ attention to the importance of specific concepts in today’s legal practice. This feature also highlights the significance of ethical duties when completing legal research and writing.

CLEAR READINGS HELP STUDENTS BETTER UNDERSTAND LEGAL JARGON, RESEARCH AND PRACTICES OF LAW: The authors use an approachable, easy-to-read format when discussing every topic to enable even those with limited exposure to the law to grasp legal terms, today’s court system and research and validation approaches. The authors also clearly introduce analysis of findings, writing formats and other concepts that are unique to the practice of law.

CHAPTER LEARNING FEATURES, EXAMPLES AND APPLICATIONS REINFORCE COMPREHENSION: Lists of key points within the readings keep readers focused on the important issues. Chapter-ending assignments also help students recall and apply new principles and techniques. As yet another layer of reinforcement, memorable examples appear after every important principle to help readers retain and internalize concepts.

Cengage Testing, powered by Cognero® for Putman/Albright's Legal Research, Analysis, and Writing 9780357619476 Cengage Testing, powered by Cognero® for Putman/Albright's Legal Research, Analysis, and Writing, Instant Access 9780357619483 Instructor's Companion Website for Putman/Albright's Legal Research, Analysis, and Writing 9780357619469

VitalSource eBook: Legal Research, Analysis, and Writing 12 Months 9788000006550

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.

Modal Gallery

Gallery block modal gallery.

Legal Research, Analysis, and Writing Program

Berkeley Law’s Legal Research, Analysis, and Writing Program relies upon contextual problem solving to teach students how to understand, research and analyze legal issues, and how to present their analysis through effective legal writing and oral argument. In a small class setting, students learn what legal writing is, how it differs from other forms of writing, and how to write to serve clients’ varying needs.

Students are taught by full-time faculty who bring significant teaching and practical experience to the classroom. Faculty come from senior levels of private practice, public interest organizations, government, and the court system. Faculty work with their students for both semesters of the students’ first year. This continuity of instruction allows faculty to provide highly individualized feedback to students. The small class size gives students the opportunity to develop strong mentoring relationships with faculty.

Berkeley Law’s Legal Research, Analysis, and Writing Program relies upon case simulations to teach lawyering skills. Students work on legal problems that are realistic fact scenarios. For each problem, students represent a client with specific issues and goals. Students learn to analyze and extract relevant evidence from a case file, in the same way they would in the workplace. Students then research and learn the substantive law that relates to each problem, testing their substantive understanding through group presentations and simulation exercises. Students work both collaboratively and independently. 

During the Fall Semester (LRW, or Legal Research and Writing), students learn legal reasoning, research skills, and predictive legal writing. For each project, students research the law relevant to a hypothetical dispute and predict how a court would apply the law to specific facts. Students engage in increasingly complex written analyses, using more sophisticated techniques as the semester progresses. Meanwhile, students improve their legal research skills as they explore new research techniques and sources with each writing assignment and through separate research exercises. Students receive detailed written feedback on their work and further review those comments during individual conferences. Second and third-year law students who serve as teaching assistants are available to provide students additional support. 

During the Spring Semester (WOA, or Written and Oral Advocacy), students learn persuasive writing and oral advocacy. WOA builds on the research, analysis, and writing skills introduced in the first semester. Students research a complex legal issue and write a persuasive trial court brief on behalf of the client they are assigned to represent. As in the Fall, students find, analyze and analogize to case law, and receive individualized feedback. Classroom exercises and practice hearings prepare students ultimately to argue the matter against a student representing the opposing side. The skills students learn in LRW and WOA transfer to other contexts that demand efficient and comprehensive legal research, clear legal analysis, excellent writing, and effective advocacy.

• Platform Overview All-in-one legal research and workflow software
• Legal Research Unmetered access to primary and secondary sources
• Workflow Tools AI-powered tools for smarter workflows
• News & Analysis Paywall-free premium Bloomberg news and coverage
• Practical Guidance Ready-to-use guidance for any legal task
• Contract Solutions New: Streamlined contract workflow platform
• Introducing Contract Solutions Experience contract simplicity
• Watch product demo
• Law Firms Find everything you need to serve your clients
• In-House Counsel Expand expertise, reduce cost, and save time
• Government Get unlimited access to state and federal coverage
• Law Schools Succeed in school and prepare for practice
• Customer Cost Savings and Benefits See why GCs and CLOs choose Bloomberg Law
• Getting Started Experience one platform, one price, and continuous innovation
• Our Initiatives Empower the next generation of lawyers
• Careers Explore alternative law careers and join our team
• Press Releases See our latest news and product updates
• DEI Framework Raising the bar for law firms
• Request Pricing
• Legal Solutions

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.]

Recommended for you

See bloomberg law in action.

From live events to in-depth reports, discover singular thought leadership from Bloomberg Law. Our network of expert analysts is always on the case – so you can make yours. Request a demo to see it for yourself.

Latest Blogs

How lexis+ ai delivers hallucination-free linked legal citat....

By: Serena Wellen, Vice President of Product Management, LexisNexis We raised some eyebrows last fall when we announced the launch of Lexis+ AI, our new generative artificial intelligence (Gen AI) solution...

Obtain Fast Insights into Complex Legal Issues with Legal AI...

By: Liz Christman The practice of law revolves around the interpretation of complex documents, which can be tedious and time-consuming. But what if there was a tool that could quickly summarize these...

4 Tips for Improving Your Legal Searches with Generative Eng...

By Jennifer Belz The emergence of generative engines — a new wave of generative artificial intelligence (Gen AI) — is poised to revolutionize the way lawyers approach legal research. But...

How to Extract and Analyze Legal Documents with Gen AI

By Jake Nelson Legal professionals continue to dive into the brave new world of generative artificial intelligence (Gen AI) to explore possible use cases for this exciting new technology. For those practicing...

How Lexis+ AI Can Help You Write Legal Memos Faster

By Jake Nelson One of the foundations of the practice of law is the legal memorandum. Legal memos provide an objective summary and analysis of relevant legal principles, statutes, regulations, case law...

Legal Research Basics: A Step-By-Step Guide to Brushing Up on Your Skills

Legal research is imperative to the practice of law. Depending on where you are in your legal career, there could be multiple reasons to brush up on the basics of legal research. You could be a: 

• Law student or recent graduate preparing for your career 
• Seasoned attorney aiming to brush up on the basics amidst ever-evolving legal research technology 
• Growing law firm preparing to train new attorneys or paralegals 

Regardless of which of these categories you align with most, reviewing the basics of legal research should become regular practice. After all, the importance of legal research cannot be overstated – pinpointing the best facts and knowledge for your case can make the difference between winning and losing.  

Use this article to review the basics and set yourself (and your firm) up for success. First, we’ll define legal research and its components. Then, we’ll walk you through a step-by-step process for conducting superior legal research. Finally, we’ll close with recommendations for tools that can help you become both an accurate and efficient legal researcher – which ultimately equips you with a reputation for success in the courtroom.  

What is Legal Research?

Legal research is defined as the process of identifying and retrieving information necessary to support legal decision-making. There are multiple reasons you might conduct legal research: 

• To find “good” case law that backs up your motion or brief  
• To provide legal counsel to clients  
• To provide a memo or brief for class (law students only)  
• To identify case law that refutes an opposing argument 
• To support the over-arching narrative of your case 

What is the Importance of Legal Research?

Legal research provides support for decision-making on complex issues, by providing specific facts and legal precedent that allow you to produce complete answers for clients. Quality legal research is critical to the practice of law.

Historically, attorneys combed through books and libraries for the perfect facts, cases, and issues; now, technology has largely replaced this process. While the prominence of ever-evolving technology has made the process more efficient (and, in many ways, easier), the sheer number of products and options available can be overwhelming.  

The Legal Research Process

Understanding that the legal research process can be overwhelming and time-consuming, we’ve broken the legal research process down into three key steps: 

• Understand the facts of your case 
• Gather sources of law 
• Check your citations for “good” law 

Each of these steps is detailed below, alongside a quick-view checklist.  

Step 1: Record the Facts of Your Case and Create a Research Plan  

Handling a legal task with authority requires confidence in the process. This is true in any practice, jurisdictional setting, or level of legal expertise. A good process should start by taking time to identify and understand the facts of your case. Ask yourself the following questions: 

• What is the legal issue at hand?  
• What are the details of the case?  
• What jurisdiction is most relevant?  
• Do you need state or federal case law? 

Record your facts in a case management tool before beginning – this can help you develop a course of action and narrow down where to start your research. While it may be tempting to skip this step, a commitment to this process saves you time in the long run by helping you efficiently juggle multiple clients. Not to mention, you will likely need what you’ve recorded to file a motion or brief. 

With the facts of the case recorded, you can begin your research. Because this will help you develop a plan for gathering your sources, we will briefly discuss creating a research plan before moving on to Step 2.  

Did you know? LexisNexis boasts a collection of state case law superior to its leading competitors. Easily filter by jurisdiction before or after your search.  

Creating a Research Plan  

Review the facts you recorded to determine what information you will need to build your case. When legal research first moved online, many attorneys felt the need to start with a free service like Google to identify terms of art before conducting a search in a legal research platform. However, this is no longer necessary. Research platforms like Lexis+ allow you to start your search with a natural language search or question and equip you to quickly comb both primary and secondary sources. Litigators, specifically, can use Fact and Issue Finder – integrated directly with Lexis+ – to help quickly identify the best terms of art for their search.  

Creating your research plan is less about planning where you will search and more about planning what you will search. You know your research can be conducted on one, fully integrated platform. So, what questions will you ask to get started? What legal issues do you need more information about? What filters will you need (jurisdiction, time period, etc.)?  

Once you know what you will search for, you are ready to gather sources.  

Step 2: Gather Sources of Law  

The next step in your process is to gather relevant sources of law. Below, we detail the difference between primary law and secondary law. Importantly, when gathering sources, start with secondary law materials. This helps ensure you are up-to-speed on what experts have to say about a topic before you begin your case law search. Why does this matter? Think about it as building your knowledge base before crafting an argument – you’ll be less likely to make mistakes and more inclined to spot case-winning primary law.  

What are Secondary Sources of Law?  

Secondary legal sources are materials that describe or interpret the law. They are educational resources that provide analysis of the law. These documents are cited by attorneys to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow. Start with secondary sources to learn from legal experts that have already explored a given topic.  

Secondary sources may include: 

• Practice guides 
• Legal treatises 
• Law review articles 
• Scholarly journals 
• Legal news 
• Jury instructions 
• Legal dictionaries and encyclopedias 

What are Primary Sources of Law?  

A primary legal source is a formal document officially issued by the government that establishes the law on a particular matter, such as a case decision or legislative act. Primary sources are the law. This is the most authoritative step in the legal research process. You can support arguments with primary sources as they are not only authoritative, but precedential and controlling.  

Your primary sources may include: 

• Case law (federal and/or state) 
• Orders 
• Decisions 
• Statutes and regulations 
• Constitutions  
• Treatises 

Step 3: Check to See If You’re Using Good Law   

The final step in your research process should include a final check to ensure you have used “good” law – this means you are using case law that has been treated positively in court (as opposed to case law that has been overturned or brought into question). 

Check your case citations as you collect them, especially since legal research software can allow a quick view of how your case has been treated in court directly from your search results. However, it is best practice to review your citations once your research process is complete to check for any gaps, changes, or oversights.  

Read more about using good law and the process of " Shepardizing ."

Conduct Winning Legal Research  

Following this three-step process ensures you’re taking the right measures to find the most accurate, relevant and valuable data to achieve your objectives. Now that you’re ready to conduct winning legal research, take some time to review products and tools that can help you in your path to success.  

Legal Research, Analysis & Writing

Legal Research, Analysis & Writing (LRAW) is a core component of the first year law school curriculum that integrates essential skills necessary for the practice of law.

In LRAW-1 (fall semester) students learn the basic methods of researching state statutes and case law. Students also learn how to analyze those statutes and cases, how to identify and understand legal rules derived from those authorities, and how to apply those rules to make informed predictions about legal issues. Students learn how to convey legal analysis clearly and concisely and how to draft a legal prediction in the form of a memorandum of law.

In LRAW-2 (spring semester), students build on their basic research, analytical, and writing skills to learn how to research federal statutes and cases, regulations, and secondary sources. Students also learn the skills of persuasive writing and argumentation through the preparation of a trial brief and oral argument.

The Legal Research, Analysis & Writing (LRAW) classes are taught in smaller sections within each of the three 1L sections. All LRAW classes and are co-taught by our Legal Research and Writing Instructors as follows:

• Carducci & Maxwell (Groups 1 & 2)
• Osborne & Glenn (Groups 3 & 4)
• Milligan & Ross (Groups 5 & 6)
• Harrison & Wester (Groups 7 & 8)
• Baker & Plevel (Groups 9 & 10)
• Leonardi & Brackmann (Groups 11 & 12)

Challenge the conventional. Create the exceptional. No Limits.

• Global directory Global directory
• Product logins Product logins
• Contact us Contact us

Our Privacy Statement & Cookie Policy

All Thomson Reuters websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.

• Privacy Statement
• Cookie Policy

Join our community

Sign up for industry-leading insights, updates, and all things AI @ Thomson Reuters.

Generative AI for legal professionals: What to know and what to do right now

AI is reshaping the legal landscape by providing invaluable support across various roles in law firms and legal departments. Rather than replacing legal professionals, gen AI enhances efficiency, accelerates tasks, and enables lawyers to focus on applying their expertise.

The benefits of being a technology trailblazer

Adopting technology early leads to better, faster, and more reliable legal research – setting a solid foundation for your legal matters.

Westlaw Precision | Harness the power of generative AI

Innovative tools deliver advanced speed and accuracy, providing you with greater confidence in your legal research

Practical Law | Quick, expert answers to your ‘how do I’ legal questions

Get up to speed faster with Practical Law’s expertly created and maintained resources combined with powerful generative AI capabilities

CoCounsel: The GenAI assistant for legal professionals

Bringing together generative AI, trusted content, and expert insights for a new era of work.

Related posts

First-mover advantage: The future of generative AI use in corporate risk & fraud

A lawyer’s guide to legal tech: Optimizing processes and delivering a superior client experience

How AI can help you manage risks

More answers.

How to go from summer associate to full-time associate

Do you have New Year’s resolutions as a lawyer? 4 goals to consider in 2024

Increasing productivity for enterprise law firms during uncertain economic times

• Law Practice

Download the free Kindle app and start reading Kindle books instantly on your smartphone, tablet, or computer - no Kindle device required .

Read instantly on your browser with Kindle for Web.

Using your mobile phone camera - scan the code below and download the Kindle app.

Image Unavailable

• To view this video download Flash Player

Legal Research, Analysis, and Writing 3rd Edition

There is a newer edition of this item:.

• ISBN-10 013159480X
• ISBN-13 978-0131594807
• Edition 3rd
• Publisher Pearson College Div
• Publication date January 1, 2008
• Language English
• Dimensions 8 x 0.5 x 10.25 inches
• Print length 528 pages
• See all details

Editorial Reviews

From the back cover.

Legal Research, Analysis, and Writing

Third Edition

Legal Research, Analysis, and Writing covers the legal research process in a practical, skill-building manner by intelligently integrating legal research, legal analysis, and legal writing. This third edition continues to present substantive material and practical research and writing exercises to assist students in developing traditional library skills, a working knowledge of the law library, and basic legal analysis and writing skills.

Chapter-opening hypothetical situations introduce each chapter topic and encourage students to think about the subject matter in a practical setting.

Research checklists provide quick, easy-to-read summaries of the material found in the text.

Can You Figure It Out? features practical exercises at the end of each chapter that give students the opportunity to practice research skills before going to the library.

Citation Matters introduces one new facet of legal citation in each chapter to develop important citation skills.

Research assignments and activities at the end of each chapter provide library research problems, analysis exercises, and writing assignments.

A citation guide, overview of the research process, research strategies outline, memorandum of points and authorities, and appellate brief are all included in the appendices.

New To This Edition

Expanded coverage of online legal research, includingLexis, Westlaw, and other legal resources on the Internet

Expanded coverage of basic writing skills and drafting of legal documents

Chapter 14, Legal Correspondence

Expanded Appendix A: Research fact patterns now including case documents, such as transcripts and declarations

Appendix F: partially written case briefs requiring students to fill in blank sections

Appendix G: supplemental case law for some of the chapter assignments and completion of the case briefs in Appendix F

Product details

• Publisher ‏ : ‎ Pearson College Div; 3rd edition (January 1, 2008)
• Language ‏ : ‎ English
• Paperback ‏ : ‎ 528 pages
• ISBN-10 ‏ : ‎ 013159480X
• ISBN-13 ‏ : ‎ 978-0131594807
• Item Weight ‏ : ‎ 2.09 pounds
• Dimensions ‏ : ‎ 8 x 0.5 x 10.25 inches
• #385 in Law Practice Research (Books)
• #776 in Legal Education Writing
• #14,717 in Law (Books)

Customer reviews

Customer Reviews, including Product Star Ratings help customers to learn more about the product and decide whether it is the right product for them.

To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. Instead, our system considers things like how recent a review is and if the reviewer bought the item on Amazon. It also analyzed reviews to verify trustworthiness.

• Sort reviews by Top reviews Most recent Top reviews

Top reviews from the United States

There was a problem filtering reviews right now. please try again later..

• Amazon Newsletter
• About Amazon
• Accessibility
• Sustainability
• Press Center
• Investor Relations
• Amazon Devices
• Amazon Science
• Sell on Amazon
• Sell apps on Amazon
• Supply to Amazon
• Protect & Build Your Brand
• Become an Affiliate
• Become a Delivery Driver
• Start a Package Delivery Business
• Advertise Your Products
• Self-Publish with Us
• Become an Amazon Hub Partner
• › See More Ways to Make Money
• Amazon Visa
• Amazon Store Card
• Amazon Secured Card
• Amazon Business Card
• Shop with Points
• Credit Card Marketplace
• Reload Your Balance
• Amazon Currency Converter
• Your Account
• Your Orders
• Shipping Rates & Policies
• Amazon Prime
• Returns & Replacements
• Manage Your Content and Devices
• Recalls and Product Safety Alerts
• Conditions of Use
• Privacy Notice
• Consumer Health Data Privacy Disclosure
• Your Ads Privacy Choices