The Process of Legal Research

What is Legal Research? Part of Problem-solving Finding the law in order to solve a legal problem for a client

Legal Research Process 1) Gathering Facts 2) Identifying Issues 1) Finding the Law 3) Applying Relevant Facts and Relevant Laws 4) Reporting Findings 5) Using Findings

STEP ONE: GATHER FACTS a) Through your lawyer b) Through client interview c) Through investigation 1) Witnesses 2) Reports (e.g., police, insurance, medical) 3) Physical evidence

STEP TWO: IDENTIFYING ISSUES a) What is the legal Issue? b) Finding the law relating to the issue 1) Primary Law (the law) 2) Secondary Sources of Law (explanation of the law)

STEP THREE: APPLICATION: FACTS & LAW a) Once you have found that facts and the law, you need to apply legal analysis 1) The interweaving of the law and the facts 2) If you are missing facts, a) you can go back to the gathering of the facts to get more facts; or b) The facts don’t exist

STEP FOUR: REPORTING YOUR FINDINGS a) Once you have completed your legal analysis, you need to report for findings to your lawyer b) This will be done either though: 1) An oral report; or 2) A written memo of law

STEP FIVE: USING THE FINDINGS 1) Letter to the client 2) Action on behalf of the client. Examples: a) Letter to person who harmed client (e.g., cease and desist letter) b) Commencement of civil action or pleading c) Contract d) Patent or trademark application