legal guidance when researching as an attorney

No matter where they work, research attorneys need excellent legal analysis skills and strong writing skills to effectively summarize their findings. Like all other attorneys, research attorneys must be licensed as attorneys by their state. That means that they need to have a bachelor's degree, a Juris Doctorate, and then have passed the bar.

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When do lawyers need to conduct legal research?

The NEA Attorney Referral Program provides members with legal advice on personal matters. Each eligible member is entitled to two 30-minute consultation sessions free during each membership year. And if you need additional legal help, the NEA Attorney Referral program lets you get that help at rates below participating attorneys' usual fees ...

How to do legal research and practical guidance?

Legal research may provide only legal information or, as noted above, it may be legal advice where the research includes analysis or applies the law to specific facts. Legal research must be reviewed by the active lawyer and that lawyer is responsible …

How can I make sure my legal research is comprehensive?

Mar 10, 2022 · What to Look for in a Lawyer Before looking for an attorney, decide what kind you need. Common fields include: Criminal law Family law Landlords and Tenants Labor and Employment You can often talk to a lawyer for free for at least the first conversation. Ask questions about their experience and fees. Find Free and Low-Cost Legal Help

Why is it important to do thorough legal research?

Aug 18, 2021 · Like all other attorneys, research attorneys must be licensed as attorneys by their state. That means that they need to have a bachelor's degree, a Juris Doctorate, and then have passed the bar. They usually need a few years of work experience as well. However, those long years of hard work certainly paid off.

Why do attorneys need to do legal research?

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.

Can lawyers be researchers?

A research lawyer, also known as a legal researcher, reviews and conducts extensive research on various legal cases to find key details that support the arguments for a client.Jun 3, 2021

What is a legal research guide?

Research guides provide a starting point for researching legal topics and recommend relevant materials in the Law Library's collections and online. The Law Library creates research guides that range from animal and landlord-tenant law to instructions for compiling a federal legislative history.

What are the 5 stages of legal research?

Five Steps of Legal ResearchFormulate a Research Plan.Consult Secondary Sources.Consult Primary Sources. ( a) Expand Primary Law, and (b) Update Primary Law.Analyze & Organize Results.Apr 27, 2021

What are researchers for lawyers called?

Legal researchers support attorneys and legal executives in the pre-trial process by researching and analyzing case law and relevant information necessary to attorneys' casework. They are typically legal assistants and paralegals who work under a practicing attorney's supervision.Mar 8, 2021

What is the first step in legal research?

Legal Research BasicsIntroduction.Step 1: Preliminary Analysis.Step 2: Create a Research Plan.Step 3: Consult Secondary Sources.Step 4: Search for Authority – Statutes, Regulations, and Cases.Step 5: Evaluate Your Search Strategy and Results As You Go.Step 6: Update & Final Check.5 days ago

What is IRAC method?

The IRAC method is a framework for organizing your answer to a business law essay question. The basic structure is: Issue, Rule, Analysis, and Conclusion. Using this simple framework for structuring your answer will ensure that you have written a complete answer.

What are the major steps involved in doing legal research?

Steps in Legal ResearchBeginning of a Research Project.Selection of a Research Topic.Justification, Purpose, and Relevance of Research.Designing Research Question.Formulation of Hypothesis.Literature Review.Outline of Research.Conceptual and Theoretical Framework of Research.More items...

How do you undertake legal research?

Quick guide to Legal ResearchIdentify the scope of the legal question. ... Begin your research by consulting a secondary source. ... Identify relevant statutes. ... Identify the cases that are on-point for your specific facts. ... Use digests and databases to find more cases. ... Confirm that your authority is still good law.More items...•Nov 26, 2021

Why is legal research so arduous?

In the past, the legal research process was arduous, partly because it tied the researcher to a physical location—whether that was a law library or a law office computer—to access legal databases.

What is legal research?

Legal research—that is, identifying, finding, and cite-checking the information and applicable laws needed to support your legal decision-making— empowers your arguments and gives substance to your legal work.

What are the primary sources of legal research?

Primary legal sources are key to legal research because they establish the current law on whatever legal issue you’re working with. Primary sources, which you can find by searching legal research databases like Fastcase or Casetext, include: Federal and state constitutions.

What is the key step in legal research?

Another key step to legal research is verifying that any cases you come across in your legal research are still “good” law—that is, that any legal decision you’re looking to is still valid and relevant. Using an overruled or unconstitutional statute won’t help you win your case.

Why use a citator?

Specifically, use a citator to check that you don’t miss a case that invalidates your argument—which could undermine your credibility. Major legal databases all have their own citator tools. For example, Casetext offers SmartCite, which “uses a system of flags to indicate the treatment of cases.”.

What is secondary legal source?

Secondary sources. Secondary legal sources explain or interpret legal principles in detail, or summarize the current state of the law—giving a better understanding of a particular area of law . Secondary sources are also useful for identifying primary sources for your case (more on that later). Examples include:

What is the definition of a statute?

Statutes or legislation ( such as laws enacted by legislative bodies like Congress and state legislatures) Treaties. Regulations (such as rules or regulations made by either federal or state agencies) Annotations. Case law (such as court opinions or decisions issued by federal or state courts)

What is a NEA attorney referral?

The NEA Attorney Referral Program provides members with legal advice on personal matters. Each eligible member is entitled to two 30-minute consultation sessions free during each membership year. And if you need additional legal help, the NEA Attorney Referral program lets you get that help at rates below participating attorneys' usual fees. Contact your state association legal services program office or your local UniServ office for more information.

What is the NEA's office of general counsel?

NEA's Office of General Counsel is here to provide advice and assistance in regard to labor relations, individual rights, education reform, political activity, and other matters with legal implications.

Who reviews legal research?

Legal research must be reviewed by the active lawyer and that lawyer is responsible for providing legal advice directly to the client. For further information, contact the Law Society’s Practice Advisors.

What is legal advice?

Legal advice includes any of the following services provided to a client or member of the public: Research of legislation and case law, including court and administrative rules and decisions, as they relate to a specific set of facts.

What are the obligations of an inactive lawyer?

Inactive lawyers, as members of the Law Society, must comply with all obligations contained in the Legal Profession Act, the Rules of the Law Society of Alberta and the Code of Conduct. The provisions related to conflicts, confidentiality and privilege will apply when an inactive lawyer is offering legal research services.

What are the rules for inactive lawyers?

Inactive lawyers must advise active lawyers of their obligations under the Code of Conduct, Rules 6.1-1 and 6.1-3, and that the active lawyer will be assuming responsibility for the final work product. Any legal advice resulting from research may only be provided to the active lawyer for review and the active lawyer must understand ...

What does "inactive lawyer" mean?

This article provides guidance to inactive lawyers, who are members of the Law Society, wanting to provide legal research services to active lawyers. To be clear, inactive lawyers must not provide legal research services directly to a client or member of the public. For further clarity, “inactive lawyer” does not include a suspended lawyer.

What is an active lawyer?

The Legal Profession Act (Act) defines an “active lawyer” as “a member other than an inactive member or a member whose membership is under suspension”. It goes on to state, in paragraph 106 (1) (a), that. No person shall, unless the person is an active member of the Society, (a) practise as a barrister or as a solicitor.

What is legal analysis?

Legal analysis of legislation and case law, as it applies to the facts, including opinions regarding the outcome of a case or course of action. Preparing pleadings for use in a proceeding, including names of parties, causes of action and damages.

What is an individual lawyer?

Individual lawyers (also called attorneys) are experts in different areas of the law. Some attorneys specialize in a certain field of law, such as business, civil, criminal, or juvenile law. You will need to determine which type of attorney is right for your legal situation.

How long does bankruptcy stay on your credit report?

Keep in mind, Chapter 7 bankruptcy information stays on your credit report for 10 years. This can make it hard to get credit, buy a home, receive life insurance, or get a job. Learn more about bankruptcy, and other options for dealing with debt .

What are the best states to work as a research attorney?

The best states for people in this position are New York, California, New Jersey, and Massachusetts. Research attorneys make the most in New York with an average salary of $118,452. Whereas in California and New Jersey, they would average $113,046 and $101,478, respectively. While research attorneys would only make an average of $100,417 in Massachusetts , you would still make more there than in the rest of the country. We determined these as the best states based on job availability and pay. By finding the median salary, cost of living, and using the Bureau of Labor Statistics' Location Quotient, we narrowed down our list of states to these four.

How much do research attorneys make?

Research Attorneys in America make an average salary of $88,466 per year or $43 per hour. The top 10 percent makes over $137,000 per year, while the bottom 10 percent under $56,000 per year.

What is location quotient?

Location Quotient is a measure used by the Bureau of Labor Statistics (BLS) to determine how concentrated a certain industry is in a single state compared to the nation as a whole. You can read more about how BLS calculates location quotients here