2. PART I: LEGAL RESEARCH REFRESHER David McFadden Senior Reference Librarian, Leigh H. Taylor Law Library PART II: LEGAL RESEARCH: THE LAW FIRM PERSPECTIVE Professor Eric Schiffer ’95 Schiffer and Buus, APC PART III: GENERAL INTERVIEWING SKILLS Katrina Denny & Noreen Berra ‘85 Career Services Office

3. Legal Research Refresher David McFadden Senior Reference Librarian dmcfadden@swlaw.edu 213-738-6726

4. Research Strategy 1.Start with what you have and glean any hints from it. 2.Be sure to have a clear idea of the focus of your research. 3.Find a publication (print or electronic) that has done some of the work for you. Do background reading in a secondary source.

5. Research Strategy 4.Read full text of any pertinent cases and statutes cited in the secondary source. 5.Conduct your own research of the relevant primary authorities. 6.Cite check cases you plan to use to make sure they are still good law. 7.If appropriate, locate cases from other jurisdictions or additional secondary sources.

6. Primary Authority at Southwestern Library Open to Alums Print in Library Westlaw – 2 limited access terminals for alums – KeyCite also available Free Sources Available on Computers.

7. Alternatives to Lexis and Westlaw Bloomberg Law Loislaw Casemaker VersusLaw Fastcase

8. Free Comprehensive Research Sites FindLaw Legal Information Institute Justia.com OpenJurist The Public Library of Law

9. Google Scholar Articles Legal Opinions & Journals – primitive citator

10. Government Sites: Federal U.S. Supreme Court Other Courts PACER Free alternatives U.S. Code Public Laws Federal Regulations

11. Government Sites: California Courts Legislative Administrative Regulations

12. Areas Not Always Covered in Law School Regulations – Code of Federal Regulation and Federal Register – California Code of Regulations and Notice Register Municipal Codes and Ordinances – Often available at city/county websites – Also, available as collections of codes Legislative History

13. Treatises and Practice Manuals In depth Treatment of Single Subject Usually have Commentary and Analysis Cite to Primary and other Secondary Sources Tips, forms, checklists for practitioners in practice manuals

14. Treatises and Practice Manuals Rutter Group CEB Matthew Bender Practice Guides Witkin

16. Rutter Group The Rutter Group's Practice Guides give the practical, expert guidance needed in various practice areas. Authoritative – written by judges and attorneys Major Cases - not just string cites Practice Pointers Step-By-Step Guidance Examples Practice Forms Up-to-Date – loose-leaf and on Westlaw

17. Rutter Group Alternative Dispute Resolution Bankruptcy (California & National editions) Bus. & Prof. C. § 17200 Practice Civil Appeals and Writs Civil Procedure Before Trial (also Forms & Statute of Limitations volumes) Civil Trials and Evidence Corporations Employment Litigation Enforcing Judgments and Debts Family law Federal Civil Procedure Before Trial (including California and 9 th Circuit editions) Federal Civil Trials and Evidence Federal Employment Litigation, Federal Ninth Circuit Civil Appellate Practice Insurance Litigation Landlord-Tenant Personal Injury Probate Professional Responsibility Real Property Transactions

18. CEB First major continuing education provider in California Joint effort of UC and State Bar begun in 1947 Practice Guides Cover Most Major Areas of California Law Available in print and on CEB OnLAW

19. CEB Business Review Civil Litigation Criminal Law Employment Law Estate Planning Family Law Municipal Law Real Property Workers’ Compensation Bankruptcy Resources Basic Practice Client Communication Fee Agreement Forms

21. Matthew Bender Practice Guides Newest of Major Practice Sets Available on Lexis and in print Practice Guides cover many Major Areas of California Law

22. Matthew Bender Practice Guides Civil Discovery Contract Litigation Debt Collection and Enforcement of Judgments E-Discovery and Evidence Federal Pretrial Civil Procedure Landlord-Tenant Litigation Pretrial Civil Procedure Trial and Post-Trial Civil Procedure Trust Litigation Unfair Competition and Business Torts

23. Witkin The Place to Start when you don’t have another Very authoritative and well respected Treatise NOT a practice guide Available in print, on Lexis and Westlaw Major sets: – Summary of California Law – California Procedure – California Evidence – California Criminal Law

24. Other Secondary Authority Treatises (books) & Practice Sets Legal Encyclopedias California Jurisprudence (Cal Jur 3d) Legal Periodicals American Law Reports Others

25. Forms & Form Sets Practice guides often have forms or formats of forms Judicial Council Forms (some are mandatory) Re-use forms from your office. Go online but be weary. May not apply. Commercial Services California Forms of Pleading and Practice California Points and Authorities California Legal Forms California Civil Practice California Criminal Forms & Instructions California Criminal Law Forms Manual (CEB)

26. Jury Instructions California Civil Jury Instructions (CACI) California Criminal Jury Instructions (CALCRIM) California Jury Instructions – Civil (BAJI) California Jury Instructions – Criminal (CALJIC) Federal Jury Instructions – Federal Jury Practice and Instructions – Pattern/Model Jury Instructions for Circuits

27. Access to Secondary Sources Most Low-cost and Free Online Sources not great place for secondary authority. If don’t have access to secondary sources (online or in print) and citators in the office, must occasionally use law libraries. Southwestern is open to all alums. Most law school libraries in Southern California are open to members of the bar. County Law Libraries are open to all. – L.A. Law Library has Members Program with an Exclusive Room & Extra Resources

28. Availability of Practice Guides and Other Secondary Sources at Southwestern Rutter, Cal Jur and Witkin – In print on Reserve – Two Terminals Near Reference with limited access to Westlaw for Alums CEB – In print on Reserve (some titles recently discontinued in print) – CEB OnLAW on campus only Matthew Bender Practice Guides – In print on Reserve

29. Citation Two Citation Manuals Authorized by Court Rule (Cal. R. Ct. 1.200) – California Style Manual – The Bluebook Only Required to Cite to Official California Citations (Cal. R. Ct. 3.1113(c)) – The court must not require any other form of citation.