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How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

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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.]

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Legal Research 101: A Step-by-Step Guide

Legal Tech Stack

Rebecca Spiegel

March 20, 2023

Legal research is crucial for lawyers, paralegals, and law students. And it can be a struggle for even the most experienced legal professionals—but it can be overwhelming for beginners.  

In this blog post, we’ll cover the basics of legal research, including primary and secondary sources, case law, statutes, regulations, and more. Whether just starting your legal career or looking to refresh your knowledge, this guide will provide a solid foundation for effective legal research. Let’s dive in!

What is legal research?

Legal research is the process of identifying and analyzing legal information to support a legal argument or decision. It involves searching for and analyzing primary and secondary sources, such as case law, statutes, regulations, legal dictionaries, treatises, and law review articles.  

There are many reasons you might conduct legal research, including:  

• Looking for case law that backs up your motion or brief    
• Identifying case law that refutes an opposing argument  
• Supporting the general narrative of your case  
• Providing legal counsel to clients    
• Putting together a memo or brief for law school  

Effective legal research can make all the difference in the success of a legal case or argument. Legal research is essential for lawyers, judges, law students, paralegals, and anyone involved in the legal industry. It requires critical thinking, analytical skills, and attention to detail to ensure that legal information is accurate, relevant, and up to date.

How to do legal research

Legal research can be overwhelming and takes many forms depending on your goals. Here are some general steps you’ll likely take in any given legal research project.  

Step 1: Gather and understand the key facts of your legal case

A solid legal case starts with strong legal research. So before scouring case laws and court opinions for data, stepping back and setting a few goals is important. What are you hoping to accomplish with this case, and what key facts will support your argument?  

Once you understand the information you’re looking for, ask yourself these questions to start your research on the right foot.

Key questions to ask yourself before starting legal research

What are the basics.

Whether working with a client or writing a law brief for school, always start with the basics. What’s the “who, what, why, when, where, and how?”  

Write a quick summary, especially since you’ll likely need it for a statement of facts in a filing or legal brief. You never know what facts might be helpful later! Even if details you think may not be relevant now, include them on your list.

Pro tip: Record your essential facts in a case management tool . While it may be tempting to skip this step, a case management tool will help you streamline your legal process, reduce human error, and save you time in the long run as you juggle multiple clients.  

What's the legal issue?

Next, identify the actual legal issue you’re hoping to solve. Does your client need help to settle a property ownership dispute? Or are they pursuing worker’s compensation for an accident that happened on the clock?  

No matter the legal research project, having a clear sense of the legal problem is crucial to determining your desired outcome. A clear end goal will help you stay focused and on topic throughout your casework.  

What jurisdiction are you operating in?

When it comes to legal research, casting a wide net can be a bad thing. There are endless amounts of court opinions and legal databases that you could sort through. But your research will have been for naught if they’re irrelevant to your case.

That’s why it’s necessary to identify the relevant jurisdiction for your case. Does it deal with federal or state law? If a state, which one? You might find applicable case law from a Washington state supreme court that supports your argument, but it won’t hold up with opposing counsel if you’re operating in Montana.

Create a research plan

Now, it’s time to think about where you’ll go to perform legal research. While Google might be a good start for some of the basic facts you need, it’s probably not enough. Legal encyclopedias and law journals have traditionally supported lawyers as they’ve conducted research, but technology has also made the process a lot easier now. Law firms might invest in an online legal research service to comb through relevant statutes legal topics.

Step 2: Gather sources of law

The next step as you conduct legal research is to gather relevant law sources.

There are two different kinds of sources: primary law and secondary law. As you start your research, it's important to note that you should start with secondary law materials.

Why? Because these sources will help you understand what experts have to say about a legal topic before you start your case and investigate primary materials. Think of it as building a knowledgeable foundation for your argument: you'll sound smarter (and win your case) if you know what experts are saying about the legal topic you're researching.

What are secondary legal sources?

Secondary legal sources are publications that analyze, interpret, or explain primary legal sources. They are not the law itself, but rather resources that provide commentary, context, or background information on the law. Examples of secondary legal sources include:

• legal encyclopedias and dictionaries
• law review articles
• legal treatises
• practice guides
• annotated codes
• Law journals  
• Legal news  
• Jury instructions  

Secondary sources can be helpful for several reasons, including providing a deeper understanding of legal concepts, identifying key issues and arguments, and finding additional primary sources. They can also help determine the law's current state and identify any changes or developments in legal trends or interpretations.  

It is important to note that secondary legal sources are not authoritative sources of law and should not be relied upon as legal precedent. Instead, they can be used to support and supplement primary legal sources in legal research and analysis.  

What are primary legal sources?

Primary legal sources establish legal rules and principles. The existing laws, regulations, and judicial decisions create, interpret, and enforce legal principles and rules. Examples of primary legal sources include:

• Statutes: Written laws enacted by legislative bodies at the federal, state, or local level.
• Case law: Decisions made by courts in the course of resolving disputes.
• Regulations: Rules and standards issued by administrative agencies to implement and interpret statutes.
• Constitutions: Written documents that establish the basic principles and structure of a government.

Primary legal sources are considered the most authoritative sources of law and are relied upon to determine legal rights and obligations. They are often used in legal research and analysis to interpret and apply the law to specific cases or situations. It is important to note that primary legal sources can be complex and require careful analysis and interpretation to determine their meaning and scope.

Step 3: Make sure you’re using “good” law

Another important step in the legal research process is to verify that any cases and statutes you use are still "good law" — in other words, that they're still valid and relevant. Overruled or unconstitutional statutes won't help you win any cases.

Can older cases still be considered "good?"

Whenever possible, it's a good idea to use the most recent cases possible. They're more likely to be relevant to your case and are less likely to have been rendered obsolete. That said, recency isn't mandatory.  

A case that's 30 years old could still be considered "good law" if it hasn't been overruled or otherwise made irrelevant. If it fits with the facts of your case and falls within your jurisdiction, it could still be helpful for your argument!

Use a citator

A citator can help you check to see if your research contains "good" law. Citators verify legal authority by providing the history and precedent for any cases, statutes, and legal sources you use.  

Most legal databases have their own citator tools, which flag negative materials and can help you evaluate whether a case is "good" law. Citator tools can also help you find other relevant cases that cite the opinion in question.  

Step 4: Sum up results and look for gaps

Once your initial legal research process is complete, compile it into a legal memorandum. This will help you identify any gaps in the facts you've collected and anticipate any additional information you might need.  

A good legal memorandum:  

• States the facts of the case
• Identifies the issue
• Applies “good” law to the facts
• Predicts any counterpoints
• Assesses the outcome of the case

The best tips and strategies for conducting legal research

Conducting legal research can be a challenging task, requiring both expertise and a strategic approach. Here are our best tips and strategies for conducting effective legal research, to help you to navigate the complexities of the legal system with confidence.

Think about the opposing counsel’s arguments

Consider your case from all angles. What will your opposition's arguments look like? Think competitively as you perform legal research, and search for facts that will refute any legal basis the opposing party may claim.  

Don't stop researching  

Your research isn't over until your assignment is submitted or your case is closed. Don't cut corners and use all of the time you have available to you. You never know when you're going to find a vital piece of research that could positively impact your case.  

Take advantage of legal research tools

In recent years, legal research technology has transformed the way lawyers and legal professionals conduct research. With the help of advanced search algorithms, machine learning, and natural language processing, legal research technology can help to streamline the research process, increase efficiency, and provide more accurate and comprehensive results.

Here are a few tools that help streamline the legal research process:  

• ROSS Intelligence is a legal research platform that's driven by AI. ROSS lets you highlight statements in your memorandums and briefs to instantly search for cases and statutes that cover similar laws. You can also use ROSS to look for negative case treatment in your pleadings and law briefs.
• Casetext’s CARA AI search technology and automated review tools help lawyers speed up their legal searches. You can use Casetext to start your research with a complaint or legal brief, and find highly relevant, tailored search results and resources. Not only does Casetext find facts and legal issues, but it will filter results to the jurisdiction you're looking for. Casetext’s citator also makes it easier to check and flag any bad law.

Document your research with law practice management software

A poor documentation system can ruin your entire legal research process. Law practice management software can help you record your research in an efficient, streamlined, and automated way—so that no detail ever falls through the cracks.  

Smokeball's legal case management software keeps your entire law firm organized by helping you collect details during client intake, saving them to the correct case matter and auto-populating the documents you need with the correct information. And our Client Portal helps you communicate with clients, request more details when you need it, and share research results.  

Download Now: Getting Automated: An End-to-End Guide to Law Firm Automation

In conclusion, legal research is an essential skill for lawyers, law students, and other legal professionals. By mastering the basics of legal research, including identifying primary and secondary legal sources, using legal research tools effectively, and developing a strategic approach to research, legal professionals can improve the quality of their work and provide better outcomes for their clients.  

With the help of Smokeball's legal practice management software, legal research can become a more efficient, and effective process. We're here to support your law firm from the initial research stage to client communication to i nvoicing and billing when your case is closed.  

FAQs about legal research

What is shepardizing in legal research.

Shepardizing is a process used in legal research to determine whether a particular case or statute is still good law. It involves checking the history and subsequent treatment of the case or statute to ensure that it has not been overruled, superseded, or otherwise invalidated. Shepardizing is an important step in legal research to ensure the accuracy and relevance of the sources being used.

Can I use Google for legal research?

Yes, Google can be a great first step to find basic details for your case. Google Scholar is also a good resource for lawyers conducting legal research. It contains an extensive database of state and federal cases, with superior search functionality.  

However, Google is clear that the resources they provide are not vetted or approved by a legal professional:  

“Legal opinions in Google Scholar are provided for informational purposes only and should not be relied on as a substitute for legal advice from a licensed lawyer. Google™ does not warrant that the information is complete or accurate.”

So it's important to verify that any of the sources you pull from Google Scholar are accurate, and are considered "good" law.  

How to do legal research as a paralegal?

A good paralegal will follow the steps of D.I.S.P.U.T.E . to define the legal issues of the case and find relevant case law.

• D id you identify all of the relevant parties involved in the case?
• I s the location important?
• S ome items or objects may be important to the case.
• P ut the events in chronological order.
• U nderstanding the events will give you the basis of action or the issues that are involved in the case.
• T ake into consideration the opposing counsel’s arguments in the case.
• E valuate the legal remedy or the relief sought in the case.

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A paralegal’s guide on how to do legal research

• April 16, 2024

Laura Krieg

Legal research serves as the cornerstone of informed legal practice, offering the means to navigate a constantly evolving legal landscape.

The importance of effective legal research cannot be overstated in a world where laws multiply, and court decisions shape the foundation of legal arguments.

This blog post will delve into the essence of legal research, explore the sources of law, understand primary versus secondary sources, decipher mandatory versus persuasive authority, and unveil the practical steps of the legal research process.

Join us in unraveling the complexities of legal research, a skill essential for any legal professional striving for success.

What is legal research?

Legal research means finding law that supports a legal argument or decision. The law is always changing, and new laws and court decisions are added each year.

In 2022, California’s Governor Gavin Newsom signed 997 bills into law, and the federal government passed 249 bills . Add to that all the cases published each year, and the amount of information attorneys and paralegals need to know is staggering.

Given this, legal professionals do not know the answer to every legal question and must rely on effective and thorough legal research to identify and find the laws that apply to the facts of the case. Effective legal research is integral to the practice of law.

What are the sources of law?

Efficient legal research starts first with an understanding of the sources of law in the United States.

• Constitutional law: The federal government and all the states have constitutions whose primary purpose is to establish the government and define its functions and obligations in relation to the people.
• Statutory law: Laws established by legislative action.
• Administrative regulations: Administrative agencies (IRS, FDA, FAA, etc.) have the power to make necessary rules and regulations.
• Ordinances: Laws established by a local government such as a county board of supervisors or city council.
• Case law: Laws are created in the form of decisions, also called opinions, that are published in case reporters. Case law is also known as common law and is based on the legal principle known as stare decisis (let the decision stand). Simply put, courts are required to follow earlier decisions made by higher courts, such as the Supreme Court. This helps make the law predictable.

How to do legal research

Knowing how to do legal research in an effective way is a crucial skill for paralegals in the discovery and trial preparation process.

The process of identifying and gathering information relevant to legal questions or issues, involving searching for and analyzing legal sources such as statutes, regulations, case law, and secondary sources like legal commentaries and scholarly articles, is essential to master.

Here’s a step-by-step checklist to conducting legal research:

• Identify the legal issue: Clearly define the legal question or issue you are researching. Understand the key terms and concepts involved.
• Find primary sources: Start by searching for primary sources, which include statutes, regulations, and case law. Use legal databases such as Westlaw, LexisNexis, or public databases like the Legal Information Institute (LII).
• Locate relevant case law: Search for relevant case law using legal databases or court websites. Look for cases that interpret the statutes or regulations relevant to your issue.
• Use secondary sources: Consult secondary sources such as legal commentaries, treatises, and law review articles. These can provide background information, analysis, and citations to primary sources.
• Check jurisdiction: Ensure that your research is relevant to the appropriate jurisdiction, as laws can vary by state, federal, or international levels.
• Update your research: Legal research is a dynamic process. Verify that the cases, statutes, and regulations you find are current and still good law.
• Organize and analyze: Organize your findings and analyze them to form a legal argument or opinion.

How to do legal research as a paralegal

As a paralegal, conducting legal research is of critical importance in supporting attorneys and their cases.

Your role involves assisting in gathering and analyzing legal information, including statutes, regulations, case law, and other legal sources.

Once you’ve followed the steps above, there are a number of elements in the legal research process that must be adhered to.

As a paralegal, legal research must be continued by:

• Analyze information: Compare and contrast legal sources and summarize the findings to help the attorney understand how the legal issue is addressed in the law.
• Prepare research memos: Write detailed research memos summarizing your findings, including citations to cases, statutes, and other sources. The memos should be clear and concise, making it easy for the attorney to understand the legal landscape.
• Stay updated: Keep track of any changes in the law and update your research as needed. Legal research is an ongoing process, and you may need to revisit your findings.
• Work collaboratively: Communicate and collaborate with the attorney and other team members throughout the research process to ensure that your findings align with their needs and goals.

What is the difference between primary sources v. secondary sources?

Primary sources of law are constitutions, statutes, regulations, ordinances, and case law. Primary sources articulate the law.

Secondary sources are plain-language writings by legal scholars that explain, analyze, and criticize primary law. Secondary sources are a great place to start research on any legal topic as they provide an overview of the relevant law. Secondary sources are not the law, they are the author’s interpretation or explanation of the law and are not binding on the courts. Secondary sources explain the law and will cite the relevant case law, statutes, etc.

Secondary sources include: 

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

Seeing the difference

As an example of the difference , the U.S. Supreme Court decision of Brown v. Board of Education is a primary legal source, establishing that state laws permitting separate schools for whites and blacks are unconstitutional.

The book “Simple Justice” and the Gale Encyclopedia of American Law provide secondary legal sources, offering discussions and analyses of the case and its historical context.

Similarly, the Fourth Amendment to the U.S. Constitution is primary law, guaranteeing the right to security against unreasonable searches. However, an article from the 2012 William and Mary Law Review analyzing a specific aspect of the Fourth Amendment constitutes a secondary legal source.

What is the difference between mandatory authority v. persuasive authority?

Courts are required to follow the decisions of higher courts in the same jurisdiction. Court cases from a higher court and in the same jurisdiction are considered mandatory authority. All federal and state courts are bound by the decisions of the United States Supreme Court related to the United States Constitution and federal laws. State courts are bound by the decisions of the higher courts in that state, such as the state’s Supreme Court.

If there is little or no mandatory authority in your jurisdiction, you may want to look at cases from other jurisdictions. This is persuasive authority, meaning the court may follow the ruling but is not required to.

What is the legal research process?

The legal research process can seem overwhelming with the volumes of legal resources available. How do you do legal research? The same way you eat an elephant, one bite at a time. Legal research is the elephant, and to successfully complete the research, take it one step (bite) at a time. Knowing the steps to perform legal research makes the process much less daunting.

Step 1: Identify the facts, issues, and jurisdiction

Before you can begin your research, you must first determine the facts, the issues, and the jurisdiction of the legal research project. Eliminate the unimportant facts and focus on the essential facts such as who, what, where, and how. Use the facts to pinpoint the legal issues and to determine the jurisdiction.

Step 2: Find relevant law

It sounds easy enough until you start thinking about the sheer volume of statutes and published case law, and then it can become overwhelming for the researcher.

When I was teaching paralegal students, I always told my students to start with secondary sources.

Even though secondary sources are not the law and are not binding on the courts, secondary sources educate the researcher on the topic and build your knowledge base.

Keep in mind that in order to publish the material, the writer had to go through the legal research process and have identified the primary resources most applicable to the topic.

The secondary source will explain the relevant primary source, such as the governing statutes and case law. Do not rely only on the secondary source. Once you have the applicable statutes, go directly to the primary source.

What are search methods?

To use research databases efficiently, there are several search techniques you can use to improve the precision of your search results.

The more precise your search. The less irrelevant material you will need to review, the more you need to start with a broad search using keywords.

If the search is returning too many results, narrow the search by using connectors.

Search techniques

Some search techniques include (please note this is not a complete list): 

• And: Use “and” between your search terms to indicate that all terms must appear in your search results. For example, the search – banana and slip and fall – will retrieve materials containing each of these terms.
• Or: Use “or” between your search terms to indicate that any one of the listed terms appears in your results. This is very helpful when your issue may include synonyms for the same concept. For example, the search – minor or juvenile or child or children or infant – will retrieve materials that have any one of these terms.
• Not: Use “not” to disqualify words from your search. “Not” is a rarely used connector, but it can be helpful under certain circumstances. For example, if you were searching for a particular anti-corruption statute, you may want to run the search – RICO, not “Puerto Rico.”
• Proximity connectors designate how closely your search terms must appear within a document.

Common proximity connectors include: 

• /p: Terms must appear in the same paragraph.
• /s: Terms must appear in the same sentence.
• /n: (such as /3) – Terms must appear within the specified number of words to each other.
• Phrases: Using quotation marks (“ ”) allows you to search for a particular phrase. To search for a specific phrase put the phrase in quotation marks. For example, if you were interested in searching for mentions of the television show “Orange is the New Black,” simply run the search “Orange is the New Black.”

Where do I go to conduct the research? 

Programs such as Lexis and Westlaw are online subscription legal research programs. The costs for these programs can be prohibitive, especially if you do not conduct legal research on a regular basis.

If you do not have access to these programs, you can still conduct effective legal research using free sources available online.

Use your favorite search engine, such as Google, to locate both secondary (articles written by legal professionals) and primary sources of law.

Reminder: use the secondary source to locate applicable law, and then always go directly to the primary source for your answers.

Step 3: Check to see if you are using good law

Research is not complete until you have checked to make sure the law you found is still valid and relevant. The quickest way to draft a losing document is to rely on a case that has been overruled or a statute deemed unconstitutional. Citators let you verify a case’s authority by listing cases, statutes, and legal sources so you can check that it has not been overruled, questioned, or made irrelevant.

Legal research software such as Lexis and Westlaw makes checking the validity quick and easy. Google Scholar includes ‘How cited,” which is a list of cases that have cited the selected opinion.

Research in practice

Now that we know how to conduct legal research let’s practice. For this scenario, I only used resources that were available for free online.

Sample research scenario

A potential new client (PNC) On November 1, 2023, on a beautiful, crisp fall afternoon, our client Anita Radcliff was walking Fluffy, her beloved shih tzu, on a leash at a public park in California when a large dalmatian ran up to Fluffy and bit her.

Animal control was called, and the Dalmatian’s owner was located. It was determined that the Dalmatian had never bitten another animal or person before this incident.

Anita rushed Fluffy to the vet, and despite all efforts, Fluffy unfortunately died. Fluffy was a registered emotional support animal, and Anita was devastated by her death.

Important facts:

• Fluffy was leashed.
• Dalmatian was unleashed.
• Dalmatian bit Fluffy. This was the Dalmatian’s first bite.
• Fluffy died.
• Fluffy was a registered emotional support animal.
• The owner is devastated.
• Is the owner of the Dalmatian liable for the death of Fluffy?
• What remedies in law (damages) does Anita have?

Jurisdiction: 

Now that the facts, issues, and jurisdiction have been determined, it is time to begin your research.

Issue 1: Is the owner of the Dalmatian liable for the death of Fluffy? 

Finding the answer to this issue was quick (about one minute).

Search terms – owner liability for dog bites in California – Google came up with about 15,600,000 results. Using (“ ”) did not narrow this search.

I found a helpful article (secondary source) that directed me to California Civil Code section 3342, subdivision (a) (primary source). Based on the Civil Code, the brief answer is “yes,” the Dalmatian’s owner is liable for the death of Fluffy.

Answer: Yes. Based on Civil Code section 3342, the Dalmatian’s owner is liable for the death of Fluffy.

Issue 2: What remedies in law (damages) does Anita have? 

Finding the answer to this issue was more involved and took about 20 minutes (this included skimming through the cases), with more research needed.

Search terms – damages for the death of an emotional support animal California law – Google came up with about 15,800,000 results. Using (“ ”) reduced that to about 12,500,000 results.

I didn’t find the first few results very helpful, so I searched a little further down on the first page of my search results and located California Civil Jury Instruction No. 39030 (secondary source). The jury instruction has a section “Directions for Use” and “Sources and Authority.” Both these sections have California case law. They also have a “Secondary Sources” section.

From the jury instruction, I found the cases (primary source) of Martinez v. Robledo (2012) 210 Cal.App.4th 384 and Plotnik v. Meihaus (2012) 208 Cal.App.4th 1590.

Answer: Anita is entitled to recover the value of Fluffy and reasonable vet bills. She may also be entitled to recover punitive damages and damages for emotional distress, but more research would be needed. Note: If I was doing this research for an attorney, I would continue researching for the answers to punitive damages and damages for emotional distress.

Today, we’ve explored the core components of legal research, from sources of law to primary vs. secondary sources, mandatory vs. persuasive authority, and practical research steps.

Although only an attorney can give legal advice and perform  particular functions  with regard to clients, paralegals oftentimes will conduct the initial research attorneys rely on. Effective legal research can make or break a case and is critical to the practice of law.

Legal research can be hard and daunting due to the sheer volume of laws, but by following a few simple steps, you can eat the research elephant one step (bite) at a time.

We’ve looked at some real-word examples to highlight this process, showcasing the importance of secondary sources and precision in search terms.

Bear this guide in mind when conducting case law in future, and stay efficient in your research!

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Research is a vital part of just about any legal profession. Whether you’re still in law school or working at your very own practice, legal research plays an essential role in helping you make informed decisions, craft compelling arguments, and enhance your working knowledge. However, there’s no denying that research can be a daunting prospect for even the most seasoned professionals.

In years past, legal research meant navigating dusty old libraries and sifting through gargantuan law books. Now, however, the advent of technology and research-focused software has revolutionized the research process. More than ever before, it is critical to have a solid grasp of the best practices of results-driven research to make the most of every tool available.

Streamline your next case by following these tips for the most effective legal research.

Identify a clear focus for your research

Just like delivering an argument in court, successful research requires careful planning and preparation ahead of time. When you start researching a new case, be sure to decide on a single goal or objective that you hope to achieve with your research. Doing so will enable you to ensure that your study yields beneficial results.

Don’t get caught up in researching every little nuance and minor detail when you’ve just started researching. Instead, keep your main goal in mind and let it guide you as you begin analyzing and annotating cases, articles, and other materials. It may be helpful to write down a one-sentence mission statement for your research to help you keep your intentions in mind.

After you’ve clarified your objective, begin committing your case to heart. Memorize all the vital information in the case, determine its jurisdiction, and develop a firm understanding of the circumstances surrounding the memo. Understanding all this core information while maintaining a core focus can set you up for success later in the research process.

Organize your research

Once you have thoroughly acquainted yourself with your case and ironed out your goals, take steps to ensure your research process is orderly and organized. 

Logging your research is among the most critical things you can do to optimize your studies. By keeping track of the sources you find and your methodology for referencing them, it will be easy for you to find the sources you need when you start writing and explain your research strategy. 

You have multiple options available for logging your work. While you can manually write down your thoughts on paper, you can also take advantage of a CRM or document management system to keep track of your work in one place, digitally. Regardless of the method you use, the best research logging practices typically include recording the date, keywords, process, and required follow-ups for each source you find.

Use the right search terms

If you plan to use an online database or search engines in your research, draw on the details and goals you identified in your initial analysis to develop a handful of precise search terms and key phrases. For example, let’s say you have questions about Texas copyright law. In that case, your search query might consist of a few keywords like “copyright infringement” and “Texas law.” Using specific terms in your searches will make it easier to discover the most relevant results. 

Additionally, you can narrow down your queries by using  Boolean search terms . For example, if your search includes the keywords “copyright infringement” and “Texas law,” then search engines will return any results that feature  either   “copyright infringement”  or   “Texas law.” However, if you only want sources that include both keywords, then use a Boolean like AND between them to tell the search engine to return results that contain the specified keywords. Using Booleans in this way can help you quickly find the sources you’re looking for without having to wade through potentially unnecessary results.

Draw from diverse sources

When you’re conducting legal research, it’s a good rule of thumb to try and draw from many different kinds of sources. Consider referencing a blend of primary sources, such as the original case and witness testimonies, as well as secondary sources like commentaries, dictionaries, and journals as you conduct your study. In the process, you’ll assemble more comprehensive information supported by a varied assortment of authorities.

Even cases that lack the outcome you desire can provide helpful insights for your purposes. For example, a case that ended in a guilty verdict can still offer valuable examples and precedents to consider as you’re building a defense closing argument.

Additionally, finding one relevant source can naturally lead you toward many others. Let’s say you find one law review that’s filled with helpful information. The chances are that this article will provide a treasure trove of references to other similarly valuable resources. Legal databases can make this process even more accessible, as many platforms have built-in functionality that can direct users to related articles, headnotes, and other sources. 

It may be tempting to limit yourself to only the most recent sources for your research. However, that should not always be your tactic. Even decades-old cases can contain crucial details or set important precedents that affect your current project – provided that they haven’t been overruled or the law hasn’t changed in the meantime, of course. 

Pace yourself where you can

One unfortunate reality that every lawyer must face in their career is that legal research rarely leads to the correct answer on the first try. Research can be inherently time-consuming, and it can be easy to get sucked into an endless loop of churning through databases searching for the perfect statute, article, or case. 

However, the best researchers know when to stop. As you research, remember to take a step back every so often to evaluate your progress. If you find yourself encountering the same sources time and again, or if you’ve made all the headway you can realistically accomplish given your project’s timeframe, then it may be time to take a break or move onto writing.

There’s no denying that legal research can be an overwhelming process. However, taking steps like these to boost your efficiency and manage your time can empower you to overcome even the most challenging research-related tasks.

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Conducting Legal Research

• Five Step Legal Research Process
• Major Secondary Sources
• Major Primary Sources
• Using Shepard's Citator in Lexis
• Using KeyCite's Citator in Westlaw
• Using Headnotes in Westlaw
• Using Headnotes in Lexis
• Finding Aids
• Additional Research Resources
• Free Sources of Law Online
• Research Tips

Five Steps of Legal Research

This five-step research process can be applied to almost any research project, but it’s important to remember that it is not a rigid formula. Be flexible.  Sometimes you will get to step three and realize you should go back and revise your research plan. Other times you might have some preliminary knowledge, so you can start with step two or three. Sometimes, it's easier to do Steps 3 and 4(a) together.

Ultimately, the five steps provide structure for your research and can help you when you don’t know where to go next.

Here are the five steps:

1. Formulate a Research Plan 2. Consult Secondary Sources 3. Consult Primary Sources 4. (a) Expand Primary Law, and (b) Update Primary Law 5. Analyze & Organize Results

The Five Steps

Step One: Formulate a Research Plan

Consider the following preliminary questions:

• Legal question(s) that you need to answer
• Parties & the relationship between the parties
• Area(s) of law
• Jurisdiction
• Most relevant facts
• Legal terms of art

Generate search terms before you begin your research. This will help you to:

• Navigate indexes and tables of contents, and conduct keyword searches; and
• Create both natural language and terms and connectors search terms.

You may not be able to answer every preliminary question and that's okay. Part of the research process is identifying known and unknown information. Answer what you can, then move to Step 2.

Step Two: Consult Secondary Sources

Depending on your familiarity with a particular area of law, you will consult different types of secondary sources.

If you are unfamiliar with an area of law, consult General Secondary Sources such as:

• Legal Encyclopedias, either state-specific, e.g.,  Florida Jurisprudence 2d  (FlaJur); or national, e.g.,  American Jurisprudence 2d  (AmJur) or  Corpus Juris Secundum  (CJS)
• American Law Reports  (ALR)
• General law journals (e.g.,  Florida Law Review )

If you are familiar with an area of law, consult Subject-specific Secondary Sources such as:

• Treatises focused on a discrete area of law (e.g.,  Wharton’s Criminal Law )
• Restatements (e.g.,  Restatement (Second) of the Law of Torts )
• Subject-specific law journals (e.g.,  Florida Journal of International Law  or  Harvard Environmental Law Review )

As you develop your knowledge of a particular area, subject-specific secondary sources become more useful.

Step Three: Consult Primary Sources

The secondary sources you consulted in Step 2 should lead you directly to primary sources via references and footnotes.

Once you find relevant primary sources, those primary sources should lead you to other relevant primary sources:

• Annotated codes and regulations lead you to case law, other code sections, and secondary sources.
• Cases lead you to authorities they rely upon – statutes, regulations, and other cases.

Step Four: Expand & Update Primary Law

Step Four has two parts: (a) expanding your research, and (b) updating the primary law that you’ve found to ensure that the law is still good law. Both parts rely on Shepard’s and/or KeyCite.

     (a)  Expand your research by looking at the cases that a case you've found cites to or that cite to that case; by exploring relevant headnotes in the cases you’ve already found to find other cases that cite to that case for the law in that headnote; or by using the Topic or Key Number system to find additional cases indexed under the same topic as a relevant case.

     (b)  Update your research (using either Shepard’s or KeyCite) to make sure that the cases, statutes, and regulations you plan to use in your argument haven’t been overruled or otherwise treated negatively; and to determine whether there is more recent case law that discusses the same issue.

Step Five: Analyze & Organize Results

In Step 5, analyze your research and, by extension, any arguments and drafts that you have started to write. Focus on the following:

• Yes = return to research
• No = move forward
• Yes = move forward
• No = return to research

 If you need to return to research, go back to Steps One and Two.

• Try a different jurisdiction to see if there are synonyms for the terms you have used.
• Try natural language searches instead of terms and connectors (or vice versa).
• Try to find a subject-specific source (treatise, journal article).
• Use different finding methods to identify secondary sources (indexes, tables of contents, annotated codes).
• Next: Major Secondary Sources >>
• Last Updated: Apr 18, 2023 4:07 PM
• URL: https://guides.law.ufl.edu/legalresearch

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How to do Legal Research in Law School

What are we going to cover?

Introduce you to an important skill for law students and lawyers.

How are we going to cover it?

Walk through the standard legal research process.

Why is it important to me as an incoming 1L?

You’ll have a class dedicated to legal research during the year, and learning legal research is part of the process of becoming a lawyer.

• The Process
• Starting Your Search
• 3 S’s of Legal Research

Question: What is “Legal Research?”

Answer: Legal research is the process of identifying and retrieving information necessary to support legal decision-making.

Question: So why do it?

Answer: Support legal decision-making:

• COMPLEX legal issues
• Applied to SPECIFIC facts
• Requiring COMPLETE answers
• For clients that PAY for your expertise

The Legal Research Process is based upon The Legal Research Pyramid

Starting on the Open Web such as Google and/or bing. This is a good place to start but:

• Not specific enough
• Rarely authoritative (can’t cite to Google in court)
• Credibility of sources is always a question
• Collapse All

Step #1:Legal Research Process  

• Secondary Sources: Sources of information that describe or interpret the law, such as legal treatises, law review articles, and other scholarly legal writings, cited by lawyers to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow.
• Don’t reinvent the wheel
• Learn from Legal Experts
• Get most important authority
• Read important background information
• Practice Guides
• Annotations & Digests
• Law Reviews & Journals   

Step #2:Legal Research Process  

• Primary Sources : A document that establishes the law on a particular issue, such as a case decision or legislative act.
• Authoritative
• Precedential
• Controlling
• Regulations

Step #3: Legal Research Process  

• Shepardizing®: The process of consulting Shepard's® to see if a case has been overturned, reaffirmed, questioned, or cited by later cases.
• Your research needs to be “Good Law”
• You can’t use reversed or overruled authority
• See “Precedential Value”
• Shows if authority is overruled
• Ensures research is “Good Law”

Step #4: Rinse & Repeat?  

• Law is Always Changing
• Legal research is never done
• Need to update your research as the law evolves
• Don’t find out your research is obsolete from opposing counsel
• Start with Secondary Sources
• Support with Primary Sources
• Shepardize ™

More Helpful Links

• The American Legal System
• How to Brief a Case
• How to Read a Casebook 101
• Top 20 Things You Need to Know About Law School
• Learn to Spot Issues Like a Lawyer
• Why an Internet Search is Not Legal Research
• Why go to Law School?
• What’s the Most Challenging Part of Law School?
• What advice would you give yourself about law school?

Get advice about law school from law students and legal professionals at the LexTalk legal community

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Legal Research Basics

Introduction, step 1: preliminary analysis, step 2: create a research plan, step 3: consult secondary sources, step 4: search for primary authority – statutes, regulations, and cases, step 5: evaluate your search strategy and results as you go, step 6: update & final check.

• Secondary Sources
• Primary Law - Mandatory v. Persuasive Authority
• Court Structure
• Regulations
• Legislative History
• Legal Citations
• Boolean Operators
• Free Sources of Legal Information

Whenever you conduct legal research, it is essential that you follow a process. Many researchers simply throw words into Westlaw or Lexis+ and try their best to sift through the thousands of results, without first coming up with a research plan. They end up lost, confused, and frustrated. Taking the time to develop a research plan (and having the discipline to follow it) will make your research more efficient and less infuriating. The major steps of the research process are detailed below.

• Relevant and material facts (Who? What? Where? When?)
• Parties (who is the Plaintiff and who is the Defendant?)
• Jurisdiction(s) – Is the issue resolved under federal, state (which state?), or both?
• Area(s) of law
• Primary legal issues: what are you trying to resolve?
• Legal concepts, terms of art, possible legal theories, and defenses
• What entities have authority?
• What types of law do you expect to find (e.g., statutes, regulations, case law)?
• How familiar are you with the area of law? What do you know about the issues?
• Create a list of general and specific search terms (unique or distinctive facts) and legal concepts (include synonyms and related terms).
• Decide where to begin (usually secondary sources).
• Identify primary authority sources to search (federal, state, or both; statutes, regulations, and cases).
• Locate the sources you wish to search, choose the format, understand the scope and coverage of the resource and how to navigate / search (table of contents, index, full-text search conventions).
• Identify one or more secondary sources relevant to your issue.
• Find the relevant sections with the index, table of contents, or search features.
• Read all the relevant sections. Take notes as you go.
• Note citations to primary law. Repeat this until you have a good understanding of the issue.

If you don't know what secondary source to use, consult our list of Recommended Treatises .

• Search for statutes first (enacted laws control before case law).
• Search for administrative regulations related to relevant statutes.
• Search for case law interpreting the statute(s).
• If there are no applicable statutes or regulations, look for mandatory case law (See Mandatory v. Persuasive Authority for more detail).
• Search for persuasive authority if there is no mandatory authority, or to find contrary authority (it can be good to know what authority the other side is going to use to make their case).
• Identify new search terms and legal concepts.
• Refine research strategy to incorporate findings.
• Try utilizing a research log to track what terms you've already used, in what combination, and where you searched them.
• Add more terms, use more specific terms, set filters, adjust proximity connectors (e.g., AND instead of OR, /s instead of /p).
• Use fewer terms, use broader terms, remove filters, adjust proximity connectors (e.g., OR instead of AND, /p instead of /s).
• Periodically consult your notes/facts to ensure you are staying on track.
• Consider other relevant sources (e.g., surrounding sections of statutes, definitions, related authority).
• Make sure you have addressed all issues completely.
• Update all primary authority you are relying on or citing to make sure it is still good law (using KeyCite and/or Shepard’s).
• Proofread your work.
• << Previous: Home
• Next: Secondary Sources >>
• Last Updated: Feb 9, 2024 4:19 PM
• URL: https://libguides.law.chapman.edu/legalresearchbasics

© 2022 Fowler School of Law, Hugh & Hazel Darling Law Library. All Rights Reserved.

Introduction to Legal Research: How to Start

• Home: Introduction to Legal Research
• How to Start
• Secondary Sources
• Regulations
• Updating Case Law
• Getting Help

Research Strategies

• Use secondary sources to learn about the law and get references to primary law.
• Use a known case to find citations to other cases and statutes.
• Use a known statute to find citations to cases.

Key Questions

• Be sure you have the basic facts . Ask the "who, what, when, where, why and how" questions.  You have to be sure you understand the facts surrounding your legal issue before you start.
• Articulate the legal issue . What jurisdiction is involved? Federal or state? Is this a civil or criminal matter? Who are the parties and what relief is sought?
• Consider which of three groups may have established the law on this issue : the legislature, the courts, or the executive branch. It is quite possible that two and possibly all three groups have touched on the topic. Then look for to the statute, case, or regulation that applies.

Search Terms

To begin to research, you need a list of search terms . Here are three ways to come up with search terms:

• Brainstorm by jotting down as many synonyms and related words as you can because different resources use different terminology to refer to the same topic. For example, "children" could be listed under "infants," "minors," or "parent and child."
• Use a dictionary, especially a legal dictionary (see Secondary Sources ).
• Ask a librarian or other person familiar with the topic for suggestions.
• << Previous: Home: Introduction to Legal Research
• Next: Secondary Sources >>
• Last Updated: Jan 12, 2024 12:19 PM
• URL: https://guides.library.cornell.edu/legalresearchintro

How to Do Legal Research: The Ultimate Overview

By The MyCase Team

Sep 25, 2023

Whether you’re brand new to practicing law or a seasoned pro, effective legal research is one of the cornerstones of being a successful lawyer. Throughout your career, legal research skills can help you stay abreast of evolving precedent. 

However, it’s not just the law itself that’s changing but many of the methods for conducting legal research have transformed in the digital age. These days, crafting a perfect legal argument takes a winning combination of experience, intuition, and the ability to leverage technology.

To make sure you’re getting the most from your legal research, we’ve put together a guide that covers the basic steps of effective legal research and the latest tools and best practices at your disposal.

What is Legal Research?

Legal research is the process of finding relevant laws, case summaries, and other information to back up your legal arguments and decision making. In addition to preparing for a filing or trial, an attorney may do legal research to accurately answer a client’s questions and provide guidance.

Specific laws and decisions also are subject to change over time. So while doing research, legal experts must also make sure they’re using “good” law–in other words, that the decision or specific case they’re citing is still relevant.

Why is Effective Legal Research Important?

Without a solid foundation of quality legal research, it can be difficult to know if a given argument or precedent is valid or will work. Beyond that, using well-researched arguments backed by the most up-to-date citations will help you:

• Get a complete and accurate picture of the case at hand
• Achieve better outcomes for clients
• Develop smarter and more sophisticated case strategies
• Help you stay up to date on the law and legal trends in your practice area

Additionally, using legal analytics and other digital tools to supplement your research can also help you predict success rates, understand the costs and time of a given case, and work more efficiently overall. 

How to Conduct Legal Research in 5 Steps

For many years, a lawyer’s best research tools were largely limited to libraries, books, and physical documents. Now, there is a plethora of available online tools and resources to help. However, even the most sophisticated tools aren’t worth much unless you already have a solid understanding of how to conduct legal research..

Regardless of what you use to research, there are several basic steps that go into effective legal research:

1. Gather the Facts 

Before building an argument, you need to understand the exact nature of the issue you’re faced with. The initial fact-finding process helps you determine:

• What is the jurisdiction?
• Is it a federal or state issue?
• A reasonable goal/desired outcome to expect
• The facts of the case: who, what, where, when, how

By answering these initial questions, you can then narrow your search to be more specific. Many legal experts use case management software to assist with tracking client and case information right from the intake stage. Software will also make it easier when locating or attaching relevant documents in the future as well.

2. Create a Research Plan

Using the facts you’ve already gathered, you’ll then determine what primary sources and case law will be most relevant to your case. Instead of diving straight into the research, it can be extremely helpful to develop a research plan first. 

At this stage, it’s less important to know exactly what sources you’re looking for and more about creating a list of relevant legal terms and what filters you should apply (more on that later). You do this by analyzing the facts of the case, assessing what you still need to learn, and creating a list of potential search terms. 

3. Gather Sources

Armed with a list of relevant terms and facts about your case, it’s time to get into law research. You’ll generally find two types of sources valuable. 

Primary Sources: Primary legal sources are formal documents issued by a state or federal government that establish law such as:

• Court decisions
• Regulations
• Constitutions

Secondary Sources : Secondary sources provide summaries of legal matters and court decisions. Some examples of secondary sources include:

• Legal articles
• Practice guides
• Legal dictionaries

Ultimately, the most important citations you can provide will be primary legal sources—but often the fastest route to finding them is by mining secondary sources that point you in the right direction. It also lets you see what other legal experts have said about similar issues, giving you further insights into what direction your strategy and research should take.

While physically going to the library and cracking the books still has its place, technology has made the initial research stages much easier. There are a number of free and paid online resources , like Google Scholar , available for lawyers — which you use depends on your budget, how big your firm is, and what kind of advanced features you’re looking for.

Search tools that incorporate artificial intelligence (AI) let you use natural language or informal search terms to find relevant documents, significantly accelerating the research process. AI can also be used to provide succinct summaries of lengthy documents like cases, laws, deposition transcripts, and more. 

4. Ensure That You’re Using “Good” Law

As we touched on briefly before, it’s vital to make sure you’re using “good” law. What is “good” law? Basically, it’s making sure a legal decision, case, or other source you’re using is in good standing with the courts and still relevant. A perfect example from a ruling might seem great at first until you find out the decision was overturned at a later date, appealed, or made obsolete by a new law. 

A good rule of thumb is to try and find recent cases as they are more likely to still be relevant. Of course, that doesn’t mean old cases should be avoided outright. 

Using a citator—a legal tool that cross references your document with other citations—is vital to ensuring the document you’re using doesn’t have any negative history. Many newer citators will also provide a summary of the findings and point you towards similar cases. 

In addition to looking only for negative history (like decisions that were overturned), it’s also important to note differentiators or unique factors that contributed to one outcome or another. This is another area where legal analytics and AI can shine, helping you understand meaningful patterns in case law.

5. Check Your Work

The legal research process can get intense, and sometimes it’s easy to get lost in the details. Before finalizing, it’s a good idea to summarize your findings to show how your full body of research supports your desired conclusion. This is also called a legal memorandum, and while it might seem redundant, a legal memo can be useful for:

• Fostering internal collaboration within your law firm
• Communicating strategy with your clients
• Documenting your legal processes and findings

Tips to Improve Your Legal Research Skills

With a solid foundation of basic legal research skills you can take advantage of the latest best practices and tools to make your law research process even more efficient. When determining how to improve your legal research skills, here are some important starting points.

Use Legal Technology

Effectively representing your clients and drafting winning arguments comes from utilizing every tool at your disposal. Specialized legal software comes with a number of built-in capabilities that streamline legal research and ensure it’s more effective. Supplementing this with the capabilities of leading case management software can help further with things like:

• Custom Workflows : Workflows can be set up based on the type of case to automate tasks, create deadlines, pull specific documents, and more.
• Case Analytics : Analytics tools provide a 360-degree view of every case that leads to actionable insights. Analytics tools not only help during the research process, but can also be used to better understand your own case history and workflows in order to find areas for improvement or gaps.
• Time Tracking and Scheduling : Case management can make it easier to track the time you spend on research and other tasks. Not only does this make tracking billable hours easier, it allows you to stay on top of important deadlines which is vital when handling multiple cases at once.
• Document Management : Keep all relevant case files in one place with comprehensive document management tools. Software like MyCase ensures all of your documents are organized, accessible, and secure—bolstering collaboration and helping to establish a single source of truth.

Leverage AI to Check Your Work

The topic of AI has exploded within the last year and generated a lot of excitement. When you look at its capabilities within the legal field, it’s easy to understand why. There are already several tools out there that help speed up research without losing quality or accuracy. 

AI tools can help check your work by summarizing your sources, pointing you towards others, and checking for anything you’ve missed. While many traditional online searches get stuck when you fail to use the exact right wording, AI helps get around this by generating tailored search results based on plain language. 

Boost Your Legal Research Efficiency With Best-In-Class Technology

Learning how to conduct legal research effectively is crucial for the long term success of any lawyer. Having a solid research process not only helps lawyers achieve better outcomes for their clients, but allows them to use their time more efficiently.

Leading law firms across the country rely on MyCase to help centralize their documentation, client communication, calendaring, and more. Features like full text search , which allows you to instantly search for terms within your digital files, are also crucial for finding relevant documents quickly.

By leveraging a best-in-class case management platform to support their research processes and workflows, law firms can boost efficiency and collaboration like never before.

Sign up for a 10-day free trial or schedule a MyCase demo today to learn more.

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We make the law accessible so everyone can make the right decisions, how to do legal research with 8 easy steps..

Legal research is the process of identifying and analyzing different legal authorities, such as cases, statutes, and regulations, to determine the current state of the law and to support a legal argument. It is a crucial step in the legal process and is used by attorneys, law students, and other legal professionals to gain an understanding of the law and to support their legal positions.

There are several steps that can be taken when conducting legal research. These include:

• Identifying the legal issue: The first step in legal research is to identify the legal issue that needs to be researched. This may involve reviewing a client’s case file, discussing the issue with the client or other members of the legal team, or reviewing relevant statutes and regulations.
• Formulating a research question: Once the legal issue has been identified, the next step is to formulate a research question. This should be a clear and concise statement of the issue that is to be researched. For example, “What is the standard for proving negligence in a personal injury case?”
• Determining the jurisdiction: Legal research often involves determining the jurisdiction in which the legal issue will be addressed. Jurisdiction refers to the geographical area or the type of court that has the authority to hear a case. For example, federal law applies to the entire United States, whereas state law only applies to a specific state.
• Identifying relevant sources: After determining the jurisdiction, the next step is to identify the relevant sources of law that will be used to answer the research question. These sources may include cases, statutes, regulations, and secondary sources such as legal treatises and law review articles.
• Searching for sources: Once the relevant sources have been identified, the next step is to search for them. This can be done using legal research databases, such as Trellis and LexisNexis , as well as online search engines, such as Google Scholar. Additionally, many courts now post the full text of their opinions online, including both recent and older cases. These can be searched by keyword or by case number.
• Analyzing the sources: After the relevant sources have been found, the next step is to analyze them. This may involve reading the full text of a case or statute, or reviewing the headnotes and summary that are often provided in legal research databases. It may also involve identifying any relevant facts or legal principles that are discussed in the case or statute.
• Synthesizing the research: After the relevant sources have been analyzed, the next step is to synthesize the research. This may involve creating a summary of the key points of the research, highlighting any conflicting cases or statutes, and determining how the research supports or undermines the legal position being taken.
• Citing the sources: The last step in legal research is to properly cite the sources used in the research. This is important to ensure that the research is accurate and that the sources used can be located by others. Legal citations typically include the name of the case or statute, the court or legislative body that issued it, and the date of the decision or statute.

It’s important to note that legal research can be a time-consuming process, but it is a crucial step in the legal process. Legal research helps legal professionals understand the law, anticipate how courts may rule on certain issues, and support their legal arguments.

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Nicole clark.

Prior to founding Trellis, Nicole Clark was a business litigation and labor and employment attorney who handled litigation in both state and federal courts. She regularly represented multinational corporations in claims ranging from high-profile trade secret disputes to complex class-action litigation. Frustrated by sending internal emails and collecting anecdotes on judges in order to make strategic case recommendations, she built Trellis to solve her own need for access to data, information, and analytics at the state trial court level. Prior to law school, Nicole attended Bard College, beginning her college coursework at the age of sixteen. She graduated with honors from University of Massachusetts Amherst with a BA in Journalism, and received her Juris Doctorate from Rutgers School of Law in Newark, NJ. Nicole sat for the Bar Exam in California, Massachusetts, and Connecticut, and remains licensed to practice law in all three states.

13 Free Sites to Do Your Legal Research

I’ve listed some free resources available for primary and secondary sources and also some places that provide quick and easy background information about the law.

• Lexis Web : This is a great place to start here for everything legal. Use the filters to find exactly what you need.
• Casemaker X : A great tool for attorneys practicing in Texas, or any other jurisdiction for that matter (bar membership comes with free access). This is a free legal research database that allows you to access statutes, regulations, and case law. Although Casemaker X is not as comprehensive as the paid subscription services, it does provide a wealth of information at no cost.
• Fastcase : This is another database that offers free access for bar members. Similar to Casemaker X, the site provides statutes, regulations, and case law. Plus, their mobile app is free, which is great when you aren’t in front of a computer.
• Google Scholar : Google also provides free case law searching, which can be filtered by jurisdiction.
• United States Code : The entire U.S.C. in a searchable and easy to use format.
• Texas Statutes
• California Statutes
• Florida Statutes
• New York Statutes
• Code of Federal Regulations : This is an e-format of the Code of Federal Regulations.
• Nolo : This site is informative and thorough, relaying a tremendous amount of legal information without all the legalese.
• Legal Information Institute : A helpful site that provides a wealth of information, particularly the legal encyclopedia.
• Justia : Another free legal encyclopedia that, in addition helpful law information, also provides on point case law footnotes.
• Local attorney websites: Check attorney websites for contact information, the types of law services offered, and sometimes, free information pertaining to the law in their jurisdiction. This free information can be very useful to attorneys who may need to familiarize themselves with an area of the law.
• Find Law : Similar to Nolo, this is another easy to use source for background information.
• Local government agencies: Many local government agencies have relevant legal information available on their websites. For example, in Texas, if you need specific employment law information, the Texas Workforce Commission is very comprehensive.

Of course these sites might not have everything you need, but they should get you started. If you’re a solo practitioner or small firm and legal research costs are a priority, bookmark these sites. Often times, it’s better to familiarize yourself with a new area of law by doing some background reading. Not only will this cut down on the amount of time it takes to find what you need, but when it comes time to switch over to your paid subscription service you already have your search terms. With paid subscription databases where each search and each click costs money, fewer searches means less cost to you and your client.

Jason Long is a 2015 graduate of the Oklahoma City University School of Law.

For California, http://www.rulings.law offers free access to prior trial court tentative rulings. Reading prior rulings can help attorneys draft better motions by seeing what caselaw and arguments persuade their particular judge.

There are 2 more free online legal research tools that you did not mention: http://www.Casebriefs.com http://www.Lawpipe.com

They are also pretty good free legal resources

You may also try http://elawjournal.com for free case laws and legal research

Don’t forget law firm websites (available via Law Firm Search Engine).

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Legal Treatises by Subject

Introduction & index, administrative law, admiralty & maritime law, agency, partnership, and limited liability corporations, american law & jurisprudence, antitrust law, civil procedure, commercial law, constitutional law, corporations and non-profit corporations, criminal law & procedure, e-discovery, education law, eminent domain & takings, employment law (see labor & employment law), entertainment law, environmental law, freedom of information, federal practice & procedure, immigration law, insurance law, intellectual property, including copyright, patents, and trademarks, international law, internet law, jurisdiction, labor & employment law, law & philosophy, legal ethics, legal research & writing, libel & slander, municipal law and zoning, native american law, negotiation, products liability, real property, securities law, taxation of financial products, trade secrets, trusts & estates, find more treatises, getting help, introduction.

Quick start: use the Guide Index to the left to find treatises on your topic.

Use treatises--books on legal topics--to begin your research. They will help you save time by providing explanation, analysis, context, and tips on the most relevant primary sources . 

Treatises range from single volume overviews for students to extensively detailed multi-volume sets for practitioners. They may come in the form of bound books updated with pocket parts or supplements, or in the form of loose-leafs with easily replaced pages. 

If you need help finding a relevant treatise, this guide will provide you with some of the most useful titles in each subject. We have noted if and where the treatise is available on online. Please keep in mind that this availability may change without notice.

Note: this guide now contains blurbs about and contents of the books where available. This text is taken from info provided by the publishers and does not imply any special endorsement. 

• HLS Library Guide to Secondary Sources. For more about using treatises, see the HLS Library Guide to Secondary Sources.

This guide is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License .

You may reproduce any part of it for noncommercial purposes as long as credit is included and it is shared in the same manner. 

Topics Covered A-B

Hover over the A-B tab above to access these topics:

Admiralty & Maritime Law

Agency, Partnerships, & Limited Liability Corporations

American Law & Jurisprudence

Subject Guide

Admiralty and Maritime law

Agency, Partnerships, and Limited-Liability Corporations

American Law and Jurisprudence

Topics Covered C-E

Hover over the C-E tab above to access these topics:

Copyright (see also Intellectual Property)

Corporations (see also Non-Profit Corporations)

Criminal Law and Procedure

Eminent Domain (see Takings)

Corporations

Non-profit corporations

E-Commerce Law

Employment Law

• See Labor & Employment Law.
• Evidence in trials at common law by John T. McNaughton Call Number: KF8935 .W54x Publication Date: 1961- (kept current with supplements)

Topics Covered F-K

Hover over the F-K tab above to access these topics:

Federal Practice and Procedure

Indian Law (see Native American Law)

Intellectual Property (see also Copyright, Patents, and Trademarks)

Intellectual Property

Topics Covered L-M

Hover over the L-M tab above to access these topics:

Labor and Employment Law

Law and Philosophy

Legal Research

Libel and Slander

Municipal Law (see also Zoning and Planning)

Municipal Law

• Local Government Law by Michael E. Libonati, John Martinez Call Number: Available on Westlaw Publication Date: 1999- This set gives you a fundamental understanding of local government law and upcoming trends. It focuses on the entity's power to act and provides a fresh approach to solving local government problems. It thoroughly describes the regulatory powers of government and their application. The text also takes municipal law a step further by emphasizing the interrelationships among the various units of government: local and federal government, localities and the state, and between local government entities.

Zoning and Land Use

Topics Covered N-S

Hover over the N-S tab above to access these topics:

Non-Profit Corporations (see also Corporations)

Patents (see also Intellectual Property)

Topics covered in T-Z

Hover over the T-Z tab above to access these topics:

Trademarks (see also Intellectual Property)

Trusts and Estates

Zoning and Land Use Law (see also Municipal Law)

• Restatement of the Law Third, Torts: Intentional Torts to Persons, tentative draft, No. 2 by American Law Institute Call Number: available on Lexis and Westlaw Publication Date: 2017 This draft includes Chapter 1, Definitions of Intentional Torts to Persons: Transferred Intent, of which Sections 101-105;110 were submitted for approval. These sections, with the exceptions noted below, were approved by the membership at the 2015 Annual Meeting, subject to discussion at the meeting and to editorial prerogative. This approved material may be cited as representing the Institute’s position until the official text is published. The following was subject to discussion only and is not considered approved material: Chapter 1 § 101(d), and Comments f, g; § 104(b), and Comment d; and § 105(c), and Comment j.
• Restatement of the Law Third, Torts: Liability for Economic Harm, tentative draft by American Law Institute Call Number: KF1249.4 .R475; available on Lexis and Westlaw Publication Date: 2012- (kept current with supplements) This draft covers portions of Chapter 1 Unintentional Infliction of Economic Loss (§§ 6-8), and Chapter 2 Liability in Tort for Fraud (§§9-15). This draft was approved by the membership at the 2014 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

This guide is just a start. Below are some additional ways to find treatises. 

• HLS Library guide to secondary sources. More information about using treatises is included in this guide.
• Ask Us Ask a librarian at HLS (or your place of employment or a local law library) to help you find a treatise.
• Browse the stacks Once you have an idea of the call number for your subject, you can browse shelves in that area for books that might be helpful. Keep in mind that not everything we have is on the shelf: items may be checked out by others, some treatises are now only available online, and some of our print collection is housed offsite at the Harvard Depository and is only findable through HOLLIS. Most treatises at the Depository are no longer updated.
• Explore subject headings To find more titles in the HOLLIS catalogue, click through to an individual title in this guide, then click the relevant subject heading links for more books on that subject.
• Search HOLLIS HOLLIS is the catalogue of materials owned by Harvard in both print and electronic formats. Use the HOLLIS tab to find books. Do a keyword or subject search, then use the facets to limit your search to the HLS Library. Note: Most treatises don't include the word treatise in their titles, so it tends not to be a useful search term.
• Search HOLLIS Classic Another way of accessing the Harvard Library collection, HOLLIS Classic is particularly good for subject searches or if you have a specific title in mind.
• Consult the Legal Information Buyer's Guide and Reference Manual by Ken Svengalis Call numbert: Reference Desk KF1 .L425; available on Lexis Svengalis's book reviews treatises in many subjects, noting their strengths, weaknesses, currency, and intended audiences.
• Consult Legal Looseleafs: Electronic and Print by Arlene Eis Call number: Reference Desk KF1 .L43; available online at link. Legal Looseleafs: Electronic and Print provides detailed information on over 2,600 looseleafs published by over 100 publishers.

Contact Us!

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• Last Updated: Apr 12, 2024 4:50 PM
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Legal Methods

• Getting Started
• Introduction to Legal Research
• Secondary Sources
• Case Law Research
• Research with Citators
• Statutory Research
• Federal Legislative History
• Federal Administrative Law Research
• Electronic Legal Research
• Developing a Research Plan
• Tip - Subject Matter Service Research
• Legal Research and Writing Titles on West Academic Digital Library
• Legal Research and Writing Titles on LexisNexis Digital Library
• Legal Research and Writing Titles on Aspen Learning Digital Library

Can't Find Anything?

• Make sure you understand the problem.  Did you note all the factual information you need and do you understand the assignment correctly?
• Rethink your search terms.  Have you expanded the breadth and depth of your search terms?  Think of other ways to approach the problem and the applicable legal theories.
• Go back to secondary sources.  The material on the topic might be scattered through many digest topics or statutory sections so that it is difficult to locate without secondary sources that compile the relevant information.   Are you looking for the wrong type of authority?  Is it a case of first impression?

What To Do If You Find an Overwhelming Amount of Material

• Make sure you understand the problem.
• Rethink search terms to narrow your approach. If you did word search, try subject search to focus on relevant authority.
• Consult secondary sources.  They will identify key authorities and limit the scope of the information.
• If you've located only secondary authority or primary persuasive authority, you might want to refocus on primary mandatory authority from the controlling jurisdiction. 
• Narrow the legal theories you are considering.

Creating a Research Plan

Creating a research plan requires three steps:

Obtaining preliminary information about the problem

• How much time do I have for the assignment?
• What final work product should I produce?  A memorandum, pleading, brief, or informal report?
• Are there any limits on the research materials I am permitted to use?  Use only authorized research tools.
• Which jurisdiction's law applies?  Federal or state?
• Should I research persuasive authority?  Understanding the scope of the assignment will help you focus your efforts.
• Do you know any of the sources that are good for researching in this area of law?  Include looseleaf or other subject-matter services.
• What background on the law or terms should I know as I begin my research?
• Should I consult any written materials or individuals before beginning my research?  Reviewing briefs or memoranda on the same or similar issue or consulting the "resident expert" can help your research efforts.

Writing out a plan

• Develop an initial issue statement and generate search terms -- a preliminary assessment of the problem that helps define the scope of your research. 
• Identifying research sources -- Determine which research sources are likely to have relevant information.  Decide which of the three categories of authority (mandatory primary authority, persuasive primary authority, and secondary authority), and then within each category which specific authorities, you should consult.  Begin with what you know, identify what you do not know, and determine the best way to fill in the blanks.  At a minimum, map out your search for primary mandatory authority.
• Print vs Electronic sources -- Some sources can be accessed more easily in one format or the other. 

Working effectively

• Keeping track: effective notetaking -- know where you have looked and where you need to look; needed for proper citations; demonstrate that you undertook comprehensive researchto try to resolve the issues.  Keep a list of the source or database, the citation (topic and key numbers), the method of locating the source, a summary of relevant information, and any updating information.
• Deciding when to stop -- you will know you have come full circle in your research when, after following a comprehensive research path through a variety of sources, the authorities you locate start to refer back to each other and the new sources you consult fail to reveal significant new information.

When to use Print Sources

• When you are searching material not available online -- such as treatises and hornbooks, or legal periodicals.
• When you need general information on a topic about which you are unfamiliar.
• When your search terms are general or the subject of your research involves broad concepts.
• When you are conducting statutory or regulatory research.
• When you need to read authorities located through other means.

When to use Electronic Sources

• When the material you need is not available in print.
• When you have unique search terms or are searching for proper names.
• When you need to update your research.
• << Previous: Electronic Legal Research
• Next: Tip - Subject Matter Service Research >>
• Last Updated: May 21, 2024 1:51 PM
• URL: https://libguides.law.widener.edu/legalmethodsbasiclegalresearch

• Small Business
• How to Start a Business

How to Start a Business: A Comprehensive Guide and Essential Steps

Building an effective business launch plan

• Search Search Please fill out this field.

Conducting Market Research

Crafting a business plan, reviewing funding options, understanding legal requirements, implementing marketing strategies, the bottom line.

• How to Start a Business: A Comprehensive Guide and Essential Steps CURRENT ARTICLE
• How to Do Market Research, Types, and Example
• Marketing Strategy: What It Is, How It Works, How To Create One
• Marketing in Business: Strategies and Types Explained
• What Is a Marketing Plan? Types and How to Write One
• Business Development: Definition, Strategies, Steps & Skills
• Business Plan: What It Is, What's Included, and How to Write One
• Small Business Development Center (SBDC): Meaning, Types, Impact
• How to Write a Business Plan for a Loan
• Business Startup Costs: It’s in the Details
• Startup Capital Definition, Types, and Risks
• Bootstrapping Definition, Strategies, and Pros/Cons
• Crowdfunding: What It Is, How It Works, and Popular Websites
• Starting a Business with No Money: How to Begin
• A Comprehensive Guide to Establishing Business Credit
• Equity Financing: What It Is, How It Works, Pros and Cons
• Best Startup Business Loans
• Sole Proprietorship: What It Is, Pros & Cons, and Differences From an LLC
• Partnership: Definition, How It Works, Taxation, and Types
• What is an LLC? Limited Liability Company Structure and Benefits Defined
• Corporation: What It Is and How to Form One
• Starting a Small Business: Your Complete How-to Guide
• Starting an Online Business: A Step-by-Step Guide
• How to Start Your Own Bookkeeping Business: Essential Tips
• How to Start a Successful Dropshipping Business: A Comprehensive Guide

Starting a business in the United States involves a number of different steps spanning legal considerations, market research, creating a business plan, securing funding, and developing a marketing strategy. It also requires decisions about a business’ location, structure, name, taxation, and registration. Here are the key steps involved in starting a business, as well as important aspects of the process for entrepreneurs to consider.

Key Takeaways

• Entrepreneurs should start by conducting market research to understand their industry space, competition, and target customers.
• The next step is to write a comprehensive business plan, outlining the company’s structure, vision, and strategy.
• Securing funding in the form of grants, loans, venture capital, and/or crowdfunded money is crucial if you’re not self-funding.
• When choosing a venue, be aware of local regulations and requirements.
• Design your business structure with an eye to legal aspects, such as taxation and registration.
• Make a strategic marketing plan that addresses the specifics of the business, industry, and target market.

Before starting a business, entrepreneurs should conduct market research to determine their target audience, competition, and market trends. The U.S. Small Business Administration (SBA) breaks down common market considerations as follows:

• Demand : Is there a need for this product or service?
• Market size : How many people might be interested?
• Economic indicators : What are the income, employment rate, and spending habits of potential customers?
• Location : Are the target market and business well situated for each other?
• Competition : What is the market saturation ? Who and how many are you going up against?
• Pricing : What might a customer be willing to pay?

Market research should also include an analysis of market opportunities, barriers to market entry, and industry trends, as well as the competition’s strengths, weaknesses, and market share .

There are various methods for conducting market research, and these will vary depending on the nature of the industry and potential business. Data can come from a variety of places, including statistical agencies, economic and financial institutions, and industry sources, as well as direct consumer research through focus groups, interviews, surveys, and questionnaires.

A comprehensive business plan is like a blueprint. It lays the foundation for business development and affects decision-making, day-to-day operations, and growth. Potential investors or partners may want to review and assess it in advance of agreeing to work together. Financial institutions often request business plans as part of an application for a loan or other forms of capital. 

Business plans will differ according to the needs and nature of the company and should only include what makes sense for the business in question. As such, they can vary in length and structure. They can generally be divided into two formats: traditional and lean start-up. The latter is less common and more useful for simple businesses or those that expect to rework their traditional business plan frequently. It provides a vivid snapshot of the company through a small number of elements.

The process of funding a business depends on its needs and the vision and financial situation of its owner.  The first step is to calculate the start-up costs . Identify a list of expenses and put a dollar amount to each of them through research and requesting quotes. The SBA has a start-up costs calculator for small businesses that includes common types of business expenses.  

The next step is to determine how to get the money. Common methods include:

• Self-funding , also known as “ bootstrapping ”
• Finding investors willing to contribute to your venture capital
• Raising money online by crowdfunding
• Securing a business loan from a bank, an online lender, or a credit union
• Winning a business grant from a donor, usually a government, foundation, charity, or corporation

Different methods suit different businesses, and it’s important to consider the obligations associated with any avenue of funding. For example, investors generally want a degree of control for their money, while self-funding puts business owners fully in charge. Of course, investors also mitigate risk; self-funding does not.

Availability is another consideration. Loans are easier to get than grants, which don’t have to be paid back. Additionally, the federal government doesn’t provide grants for the purposes of starting or growing a business, although private organizations may. However, the SBA does guarantee several categories of loans , accessing capital that may not be available through traditional lenders. No matter the funding method(s), it’s essential to detail how the money will be used and lay out a future financial plan for the business, including sales projections and loan repayments . 

Businesses operating in the U.S. are legally subject to regulations at the local, county, state, and federal level involving taxation, business IDs, registrations, and permits.

Choosing a Business Location

Where a business operates will dictate such things as taxes, zoning laws (for brick-and-mortar locations), licenses, and permits. Other considerations when choosing a location might include:

• Human factors : These include target audience and the preferences of business owners and partners regarding convenience, knowledge of the area, and commuting distance.
• Regulations : Government at every level will assert its authority.
• Regionally specific expenses : Examples are average salaries (including required minimum wages), property or rental prices, insurance rates, utilities, and government fees and licensing.
• The tax and financial environment : Tax types include income, sales, corporate, and property, as well as tax credits; available investment incentives and loan programs may also be geographically determined.

Picking a Business Structure

The structure of a business should reflect the desired number of owners, liability characteristics, and tax status. Because these have legal and tax compliance implications , it’s important to understand them fully. If necessary, consult a business counselor, a lawyer, and/or an accountant.

Common business structures include:

• Sole proprietorship : A sole proprietorship is an unincorporated business that has just one owner, who pays personal income tax on its profits.
• Partnership : Partnership options include a limited partnership (LP) and a limited liability partnership (LLP) .
• Limited liability company (LLC) : An LLC protects its owners from personal responsibility for the company’s debts and liabilities.
• Corporation : The different types of corporations include C corp , S corp , B corp , closed corporation , and nonprofit .

Getting a Tax ID Number

A tax ID number is the equivalent of a Social Security number for a business. Whether or not a state and/or federal tax ID number is required will depend on the nature of the business and the location in which it’s registered.

A federal tax ID, also known as an employer identification number (EIN) , is required if a business:

• Operates as a corporation or partnership
• Pays federal taxes
• Has employees
• Files employment, excise, alcohol, tobacco, or firearms tax returns
• Has a Keogh plan
• Withholds taxes on non-wage income to nonresident aliens
• Is involved with certain types of organizations, including trusts, estates, real estate mortgage investment conduits, nonprofits, farmers’ cooperatives, and plan administrators

An EIN can also be useful if you want to open a business bank account, offer an employer-sponsored retirement plan, or apply for federal business licenses and permits. You can get one online from the Internal Revenue Service (IRS) . State websites will do the same for a state tax ID.

Registering a Business

How you register a business will depend on its location, nature, size, and business structure.  For example, a small business may not require any steps beyond registering its business name with local and state governments, and business owners whose business name is their own legal name might not need to register at all.

That said, registration can provide personal liability protection, tax-exempt status, and trademark protection, so it can be beneficial even if it’s not strictly required. Overall registration requirements, costs, and documentation will vary depending on the governing jurisdictions and business structure.  

Most LLCs, corporations, partnerships, and nonprofits are required to register at the state level and will need a registered agent to file on their behalf. Determining which state to register with can depend on factors such as:

• Whether the business has a physical presence in the state
• If the business often conducts in-person client meetings in the state
• If a large portion of business revenue comes from the state
• Whether the business has employees working in the state

If a business operates in more than one state, it may need to file for foreign qualification in other states in which it conducts business. In this case the business would register in the state in which it was formed (this would be considered the domestic state) and file for foreign qualification in any additional states.

Obtaining Permits

Filing for the applicable government licenses and permits will depend on the industry and nature of the business and might include submitting an application to a federal agency, state, county, and/or city. The SBA lists federally regulated business activities alongside the corresponding license-issuing agency, while state, county, and city regulations can be found on the official government websites for each region.

Every business should have a marketing plan that outlines an overall strategy and the day-to-day tactics used to execute it. A successful marketing plan will lay out tactics for how to connect with customers and convince them to buy what the company is selling. 

Marketing plans will vary according to the specifics of the industry, target market, and business, but they should aim to include descriptions of and strategies for the following:

• A target customer : Including market size, demographics, traits, and relevant trends
• Value propositions or business differentiators : An overview of the company’s competitive advantage with regard to employees, certifications, and offerings
• A sales and marketing plan : Including methods, channels, and a customer’s journey through interacting with the business
• Goals : Should cover different aspects of the marketing and sales strategy, such as social media follower growth, public relations opportunities, and sales targets
• An execution plan : Should detail tactics and break down higher-level goals into specific actions
• A budget : Detailing how much different marketing projects and activities will cost

How Much Does It Cost to Start a Business?

Business start-up costs will vary depending on the industry, business activity, and product or service offered. Home-based online businesses will usually cost less than those that require an office setting to meet with customers. The estimated cost can be calculated by first identifying a list of expenses and then researching and requesting quotes for each one. Use the SBA’s start-up costs calculator for common types of expenses associated with starting a small business.

What Should I Do Before Starting a Business?

Entrepreneurs seeking to start their own business should fully research and understand all the legal and funding considerations involved, conduct market research, and create marketing and business plans. They will also need to secure any necessary permits, licenses, funding, and business bank accounts.

What Types of Funding Are Available to Start a Business?

Start-up capital can come in the form of loans, grants, crowdfunding, venture capital, or self-funding. Note that the federal government does not provide grant funding for the purposes of starting a business, although some private sources do.

Do You Need to Write a Business Plan?

Business plans are comprehensive documents that lay out the most important information about a business. They reference its growth, development, and decision-making processes, and financial institutions and potential investors and partners generally request to review them in advance of agreeing to provide funding or to collaborate.

Starting a business is no easy feat, but research and preparation can help smooth the way. Having a firm understanding of your target market, competition, industry, goals, company structure, funding requirements, legal regulations, and marketing strategy, as well as conducting research and consulting experts where necessary, are all things that entrepreneurs can do to set themselves up for success.

U.S. Small Business Administration. “ Market Research and Competitive Analysis .”

U.S. Small Business Administration. “ Write Your Business Plan .”

U.S. Small Business Administration. " Calculate Your Startup Costs ."

U.S. Small Business Administration. “ Fund Your Business .”

U.S. Small Business Administration. “ Grants .”

U.S. Small Business Administration. “ Loans .”

U.S. Small Business Administration. “ Pick Your Business Location .”

U.S. Small Business Administration. “ Choose a Business Structure .”

Internal Revenue Service. “ Do You Need an EIN? ”

U.S. Small Business Administration. “ Get Federal and State Tax ID Numbers .”

U.S. Small Business Administration. “ Register Your Business .”

U.S. Small Business Administration. “ Apply for Licenses and Permits .”

U.S. Small Business Administration. “ Marketing and Sales .”

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What You Need to Know About Marijuana Rescheduling

by Victoria Litman, M.Div., J.D., LL.M.

On May 21, 2024, the Drug Enforcement Administration (DEA) published a Notice of Proposed Rulemaking (NPRM) signed by Attorney General Merrick Garland in the Federal Register. This publication kicks off a 62-day comment period on a rule that would move marijuana to Schedule 3 of the Controlled Substances Act (CSA), classifying it as a substance with “a moderate to low potential for physical and psychological dependence.” The process of rescheduling may be long and is unlikely to create a pathway to federal compliance for state-legal marijuana businesses without further federal legislation. Ultimately, Congress likely will need to clarify the division of federal and state regulatory powers over cannabis.

The CSA is a federal law that classifies substances into schedules based on their potential for medical use and risk of abuse. The cannabis plant has been in the most restrictive category, Schedule 1, since the CSA was enacted in 1970. In the 2018 Farm Bill , cannabis plants with less than .3% concentration of the major psychoactive component of marijuana, delta-9-tetrahydrocannabinol (THC), were removed from the CSA and legally defined as hemp. All other cannabis remains Schedule 1 , defined as a substance with no currently accepted medical use (CAMU), lack of safety for use under medical supervision, and a high potential for abuse.

Despite ongoing cannabis restrictions on the federal level, since 1996 many states have enacted legislation regulating and taxing medical and recreational marijuana and creating dispensaries for patients and consumers to access it. For several decades, these state-regulated businesses have existed under the shadow of federal illegality. Marijuana’s Schedule 1 status has impacted the economic feasibility of these businesses due to punitive federal taxes , significant burdens on banks willing to work with cannabis businesses, and no legal interstate commerce.

Since 2014, Congress has passed spending amendments that limit the use of federal funds for enforcement against state-compliant medical marijuana programs. From 2009-2018, several U.S. Attorneys General issued memos directing federal prosecutors to limit enforcement against all state-compliant marijuana businesses, medical and recreational. In 2018 Attorney General Jeff Sessions technically rescinded prior memos and encouraged prosecution of federally illegal marijuana activity; however, in practice there has been limited federal enforcement.

In the fall of 2022, President Biden issued a statement on marijuana reform, announcing federal pardons for some federal crimes involving marijuana and urging state governors to pardon state-level cannabis possession charges. Biden also asked the Secretary of the U.S. Department of Health and Human Services (HHS) and the Attorney General to initiate the administrative process to review the scheduling of cannabis under the CSA.

In August 2023,  HHS sent an official recommendation to the DEA that it categorize marijuana under the less restrictive Schedule 3 category. The recommendation became public in early 2024 as a result of a lawsuit . Notably, the recommendation was the first statement from a federal government agency that marijuana has a currently accepted medical use and a low potential for abuse. An April 11, 2024 opinion from the Office of Legal Counsel (OLC) asserted that DEA must “accord significant deference” to HHS’ recommendation until the beginning of formal rulemaking. However, the NPRM notes that DEA has not decided how marijuana should be scheduled.

Now that the NPRM has been published, individuals and businesses may submit comments on the proposal until July 22nd. Interested persons (defined in regulations ) may request an administrative law hearing before June 20th in accordance with the requirements of the Administrative Procedure Act.

Once comments are received and after any hearing, the DEA will review all evidence and generally respond to comments when publishing the final rule. There is no set statutory time for this process but in other situations, for example telemedicine , it has taken over a year.

Once published, the DEA’s final rule will not go into effect for 30 days, during which time aggrieved parties who submitted comments and can demonstrate they have standing can challenge the final rule in court. At least one major opposition group is already fundraising for the legal effort.

The two main issues likely to be challenged are the impact of rescheduling on adherence to United Nations treaty obligations and the way HHS determined that marijuana has a CAMU. For the first time, HHS considered the existing widespread use of medical marijuana under the supervision of health care practitioners within state medical marijuana programs. The OLC’s opinion addresses these issues directly.

A letter from Democratic senators opposing rescheduling and supporting removal of marijuana from the CSA entirely explains that although rescheduling likely provides tax relief, it does not impact criminal justice and immigration issues related to cannabis criminalization. Rescheduling would not be a panacea for the challenges faced by state legal marijuana businesses and would not necessarily make marijuana easier to research .

Schedule 3 drugs must be approved by the Food and Drug Administration (FDA,) prescribed by a doctor, and distributed by a pharmacy. Thus, none of the existing state-regulated marijuana dispensaries would be able to comply without extreme cost or further regulation or legislation. Another Attorney General’s memo is expected to clarify enforcement priorities against marijuana-related businesses that are legal in the state, but federally non-compliant.

I have previously written that no matter what happens with rescheduling, Congress will need to clarify the division of federal and state regulatory powers over cannabis. Congress must specify that FDA’s jurisdiction over cannabis should be no more than that over alcohol and designate cannabis in food as “generally recognized as safe.” These, and other FDA-related fixes, already drafted as part of proposed legislation, the States Reform Act , would create legal pathways for existing state-licensed marijuana operators to be in compliance with the Federal Food, Drug, and Cosmetic Act . By doing so, Congress could reduce unnecessary spending on unfeasible federal enforcement and preserve limited federal resources to evaluate clinical research on cannabis-derived drugs . Thus, even if marijuana is moved to Schedule 3, federal legislation is necessary. The only question is how long it will take Congress to act.

Victoria Litman M.Div, J.D., LL.M. is a nonprofit tax lawyer focused on the emerging cannabis and psychedelic tax exempt sectors and an adjunct law professor. She is also an Affiliated Researcher of the Project on Psychedelics Law and Regulation (POPLAR) at the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School.

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