Updated June 27, 2001.
Prepared by Mary Whisner for Bridge the Gap.
1. Log. Keep a log of assignments you are
given, with brief notes about who assigned the project, when it is due, etc. For
example:
|
Date Assigned |
Supv. |
Project |
Due |
When will I work on it? |
Done |
|
7/2 |
Anne McDonald |
Ferguson case — prepare memo on
prescriptive easement Q. |
7/10 |
research 7/6-7, write 7/8 |
7/9 |
|
7/6 |
David Marks |
Fein med mal case — find Pa. statute of
lim; copy w/ annotations |
7/7 |
research 7/6 |
7/7 |
|
7/7 |
Jane Hansen |
memo re compensation for eminent domain
taking of a leasehold |
7/15 |
?? |
|
2. Calendar. Plan your time! For example:
|
Mon. 7/6 |
Tues. 7/7 |
Wed. 7/8 |
Thur. 7/9 |
Fri. 7/10 |
|
a.m. meet w/ Pete H.
p.m. go to King County Law Lib. to research |
a.m. more research at KCLL?
lunch w/ Liz M.
Give David Pa. S/L info |
draft Ferguson memo |
p.m. observe deposition w/ Jack |
Ferguson memo must be done! |
3. Project intake.
Basic things to find out for every assignment:
- When is this due?
- What is the requestor’s name, phone number,
email address?
- If you have questions as you go along, can you
contact the requestor? Is there someone else in the office who is familiar
with the project?
- What format should the final product be in? (A
list of citations, photocopies of cases, informal notes, an oral report, a
formal memo, a draft summary judgment motion?)
- How much time should you spend?
- Are there resource constraints? (E.g.,
should/can you use LEXIS-NEXIS or Westlaw?)
- How should costs be charged (client, account
number)?
- Does the supervisor have suggested starting
points?
- Try to flesh out the assignment as much as you
can before you start researching. Asking questions is GOOD!
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4. Preliminary Analysis. Before you start
pulling books from the shelf or typing in commands at the computer, take some
time to plan your research. Think and write notes:
- What is the question you need to answer?
- What jurisdiction is it?
- What are some of the key words that you might
use to look up this topic in an index or database?
- What do you already know about the question?
- Where do you think you’ll start?
- How much time do you think you’ll take?
5. Research Strategy. The exact steps you
take in research will vary, depending on, for instance, what you already know
and what the question is.
- For example, if the question involves an area
of the law you know nothing about, you probably need to get an overview and
learn some vocabulary, so you should start by looking for a basic secondary
source and then moving on to look for statutes and cases. A good secondary
source can also lead you to relevant statutes and cases, saving you time.
- On the other hand, if you have a background in
the area (say, you’ve taken a class or worked on a similar project) or if
the assigning attorney told you a relevant statute to start with, you might
begin with statutory research.
- Be sure to check for relevant authority —
statutes, regulations, cases — and to update whatever you find.
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6. Notes. See "Top 10 Tips for Better
Note-Taking in Legal Research," 4 Perspectives 51-52 (Winter 1996).
7. When do you stop researching?
When you keep finding the same answer … when
you have checked all the appropriate sources … when you feel confident you
have found the relevant material … when your supervisor says you have done
enough …when you run out of time.
8. Communicating Results.
How you communicate will vary depending on the
project, your supervisor’s preference, the time you have, and so on. Sometimes
a photocopy with a post-it note is all that is needed; sometimes you need to
write a formal memo.
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