Legal Research

I became enchanted by the legal system when I accepted my first position in a law firm in 1978. I was possessed with a drive to learn more and more about the legal system and to do more and more as my knowledge grew. I was fortunate to have a generous boss who was patient and loved nothing more than to sit around his office after 5:00 and talk about all of our cases, the outcome we hoped for, and how we could arrive at that outcome.

After six months in the legal field, I was determined to become a paralegal. I researched various programs, chose one, and 9 months later was awarded my certificate. As with all paralegal programs, the one I chose emphasized legal research skills. We spent countless hours in the Supreme Court Library with various instructors, writing briefs and researching legal questions. It was fascinating and many of the students excelled in their endeavors.

Briefs and memoranda were returned to students marked:

“Great! Excellent Work! Perhaps you should consider legal research when you enter the job market.”

Unfortunately, the students (including me) realized early on that jobs for paralegals doing substantive legal research were few and far between. I was working in a law office performing many paralegal tasks while I attended school at night. I was allowed the opportunity to use my research skills on a somewhat limited basis because my attorneys knew me and knew my work. Had I been fresh off the street, that opportunity would not have been afforded me.

Over the years I have had very few occasions to “go to the books” and “find the answer.” However, the skills I learned in my first legal research class, along with the CLE classes I have taken over the years regarding legal research, have been utilized over and over again. Legal Research, in my opinion, includes learning how to research a matter, whether it is a question of law to be answered in the law library (or online) or simply a question of fact or logic that needs to be clarified for your attorney or client. Clarity, organization, and attention to detail are important tools that once learned can be utilized in the every day performance of your paralegal duties.

New paralegals fresh out of school often tell me that they want to work in a law firm where they can concentrate on legal research. They seem surprised and often disappointed when I tell them that the responsibility for researching and drafting a brief will in all likelihood not fall with their job description. That does not mean, however, that they will not be using the skills they learned in Legal Research 101 and 102.

I spoke with several experienced (5+ years) paralegals during the drafting of this article and found each to be very accomplished in their area of law. None of the paralegals interviewed indicated that they currently do any type of legal research with regard to preparing briefs or legal memoranda. They all do, however, assist in this process within their firm(s) and their opinions are valued and sought after. Also, they are utilizing their research skills and their trained legal deductive reasoning in numerous other areas. For example:

Fact Gathering

Many will say that fact gathering does not require highly developed legal research skills, but I disagree. In order to determine what the next step is or where to turn when it appears you have reached a dead end, you must be able to determine where your attorney would like you to go. What end result is the desired end result and how can you get there. If a witness interview produces names, dates and other locations that are important to your case, it is the paralegal’s responsibility to follow-up and determine what those additional leads produce.

Financial Records Review

The paralegal who reviews financial records has to have an analytical mind. He/she must understand the intricate way that financial records should be kept and the many different ways they ARE kept. Again, the final goal in this instance is not a polished brief or a legal treatise. The goal is to find the information – the truth. Working with financial records might also include the use of specialized software and/or accounting skills. You could be called upon to review various company records regarding the officers, their terms of office, shares given as compensation, or new and CREATIVE accounting methods. In light of the recent developments in the corporate world over the past 2-3 years, a paralegal working with financial and corporate records will be highly valued for his/her expertise.

Employment Records Review and Analysis

Another “hot” area in recent years has become employment litigation. Paralegals involved in this area of the law get to utilize their skills while perusing file after file of personnel information. It takes an organized and detail oriented person to pick up minute differences in treatment or compensation.

These are only a few examples, but you will notice that each category references review and analysis. It is the paralegal’s task to determine which documents warrant further inspection by the attorney(s). If you have worked with your attorney(s) for quite some time, they probably depend upon you more than they know. They may not realize that you are weeding out the insignificant and unimportant documents and giving them the cream of the crop.

The tools to be effective and thorough were learned in that first legal research class. Your fingers may not be thumbing through volumes of case law or treatises, but they were trained to do that. They were trained to understand how legal research is never really over. On some matters or questions you can keep going on and on and on like the Energizer Bunny. There has to be a stopping point because the client cannot afford for you to continue indefinitely and because in law there simply may not be an agreed upon definitive answer.

Years ago an instructor told me that legal research (and the related tasks) is like doing cartwheels. Once you have finished your first cartwheel, you have landed in a new position. You must then survey your surroundings and determine what is different and what has stayed the same. You then decide which direction you are going to “cartwheel.” If you are careful and methodical about your "cart-wheeling," you will know your case inside and out and you will have confidence in the work you have produced and supplied to your attorney(s).

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