when an attorney is completing research what are they looking for

by Haven Lang 4 min read

When do lawyers need to conduct legal research?

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 simply provide clients with accurate legal guidance.

How can I make sure my legal research is comprehensive?

But if you want to make sure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw.

How do I know if an attorney is right for me?

An important step in evaluating whether an attorney is right for you is investigating whether he or she has ever been disciplined. All states have a disciplinary organization that closely monitors attorneys.

How does my attorney decide how to proceed with my case?

Your attorney (or a paralegal under their supervision) may review statutes, caselaw, and secondary authority before deciding how to proceed with your case. Since the law is based on precedent, caselaw with a similar fact pattern can give your attorney an idea of how things may play out in court.

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What is legal research?

Depending on who you ask, you might hear legal research described in different terms. Academic institutions like Cornell University’s Law School often focus on legal precedents, for instance. We prefer to stick to a broader legal research definition, one that encompasses all of the common scenarios a lawyer might encounter in their work.

What are the different types of legal research?

The scope of law research can vary greatly depending on the specific conditions of a case and the kind of evidentiary support that an attorney requires. We’ve touched on a few those different types of legal research above, but it’s important to understand the full scope of information and legal authorities that need to be consulted:

How to Do Legal Research: Create A Strategy

As you research the law, the plethora of information and legal precedents can take an attorney in a number of different directions. That’s why it’s important to have a plan of action and strategy in place to guide your efforts from the outset.

Using legal research solutions

Researching law can be aided by software resources to make the process less stressful. Online tools like LexisNexis are popular among legal professionals for good reason: They have access to a large repository of legal documents and reference materials to guide your discovery workflows and point you toward legal precedents that can help your case.

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 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.

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

What is legal research?

Legal research is generally the process of finding an answer to a legal question or checking for legal precedent that can be cited in a brief or at trial. Sometimes, legal research can help determine whether a legal issue is a "case of first impression" that is unregulated or lacks legal precedent. Virtually every lawsuit, appeal, criminal case, ...

Why do corporate lawyers conduct legal research?

Similarly, a corporate lawyer may conduct legal research in order to determine whether a proposed new policy would expose the company to liability.

What is legal information?

Virtually every lawsuit, appeal, criminal case, and legal process in general requires some amount of legal research. Legal information is organized into two general categories: Primary Law: Binding law that is codified in statutes, regulations, and caselaw. Secondary Sources: Not legally binding, this type of information explains primary law ...

What is an opinion in a court case?

Terms to Know. Opinion: The formal written expression by a court or judge detailing the reasons and principles of law upon which the case is decided. Parallel Citation: A citation reference to the same case printed in two or more different case reporters.

Do judges write opinions?

Judges often write opinions that aren't exactly easy for non-lawyers to follow. Lawmakers do the same with statutes. If you're researching a legal topic and you've hit a wall, it may be in your best interests to speak with an attorney.

Jim Mullenix

My Dad was a doctor, and we often had the same conversation about the relative exact nature of medicine, and science in general, versus the relative inexact nature of law.

Ben Rothman

If your attorney didn't research, he could make a big boo-boo, and you'd really end up paying.

Rixon Charles Rafter III

Laws are constantly changing, court decisions that set precedents are constantly changing, and each set of facts must be compared to the law, No two cases are alike, it's simply not sufficient to memorize and move on, in fact, to do so could be malpractice...

Bryan Robert Smith

Your doctor does charge you for time to research the procedure. He just doesn't itemize it on your bill. If you think that any competent attorney "knows the law" by carrying it all around in his or her head, I don't know what to tell you, except that your opinion of the complexities of the law aren't based on the considerations of the real world.

Kelvin P. Green

Most of us try to stay up on the law. How do you know the doctor doesn't charge you for the time to learn a procedure? If they spent time and money be assured they are figuring out how to cover the cost...have you looked at the number of laws? The number of cases that courts deal with and decisions issued.

Jay Scott Finnecy

The only thing lawyers have to sell is their time. If research must be conducted, you pay for the time.

What is a lawyer's track record?

A lawyer’s track record is a clear indicator of how good an attorney is at their job. That’s why it’s so important to look at your lawyer’s track record before you get one for the job. However, not everyone knows how to do so. Here’s how to research an attorney track record before you sign any retainer agreement and get trusted personal attorney.

Do you have to do homework to win a court case?

Your chances of winning or losing a court case majorly depend on your attorney. As such, it is imperative to do your homework on any lawyer you settle for to handle your case. We know how frustrating it can be to get the right lawyer for your case.

Does Google bring you information about a lawyer?

Google will bring you all the relevant information about the lawyer. This includes any news stories, online reviews, or publications relating to the lawyer and , most importantly , the attorney track record. The downside to Googling your lawyer is that it might take you a while before you actually find any relevant information.

Is word on the street credible?

Word on the street isn’t a very credible source of information, but there’s always some truth to it. A lawyer’s street cred will speak volumes about their credibility and attorney track record. Try to get some recommendations from family and friends for some great lawyers.

Does the state bar have disciplinary information?

The state bar association also has plenty of information on any attorney discipline. Each state bar will have a disciplinary organization, where you can find information on lawyers’ conduct. That’s because the state bar associations keep up-to-date and accurate records on any ethical violations by their lawyers.

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