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Legal Research Basics: A Step-By-Step Guide to Brushing Up on Your Skills

Legal research is imperative to the practice of law. Depending on where you are in your legal career, there could be multiple reasons to brush up on the basics of legal research. You could be a: 

• Law student or recent graduate preparing for your career 
• Seasoned attorney aiming to brush up on the basics amidst ever-evolving legal research technology 
• Growing law firm preparing to train new attorneys or paralegals 

Regardless of which of these categories you align with most, reviewing the basics of legal research should become regular practice. After all, the importance of legal research cannot be overstated – pinpointing the best facts and knowledge for your case can make the difference between winning and losing.  

Use this article to review the basics and set yourself (and your firm) up for success. First, we’ll define legal research and its components. Then, we’ll walk you through a step-by-step process for conducting superior legal research. Finally, we’ll close with recommendations for tools that can help you become both an accurate and efficient legal researcher – which ultimately equips you with a reputation for success in the courtroom.  

What is Legal Research?

Legal research is defined as the process of identifying and retrieving information necessary to support legal decision-making. There are multiple reasons you might conduct legal research: 

• To find “good” case law that backs up your motion or brief  
• To provide legal counsel to clients  
• To provide a memo or brief for class (law students only)  
• To identify case law that refutes an opposing argument 
• To support the over-arching narrative of your case 

What is the Importance of Legal Research?

Legal research provides support for decision-making on complex issues, by providing specific facts and legal precedent that allow you to produce complete answers for clients. Quality legal research is critical to the practice of law.

Historically, attorneys combed through books and libraries for the perfect facts, cases, and issues; now, technology has largely replaced this process. While the prominence of ever-evolving technology has made the process more efficient (and, in many ways, easier), the sheer number of products and options available can be overwhelming.  

The Legal Research Process

Understanding that the legal research process can be overwhelming and time-consuming, we’ve broken the legal research process down into three key steps: 

• Understand the facts of your case 
• Gather sources of law 
• Check your citations for “good” law 

Each of these steps is detailed below, alongside a quick-view checklist.  

Step 1: Record the Facts of Your Case and Create a Research Plan  

Handling a legal task with authority requires confidence in the process. This is true in any practice, jurisdictional setting, or level of legal expertise. A good process should start by taking time to identify and understand the facts of your case. Ask yourself the following questions: 

• What is the legal issue at hand?  
• What are the details of the case?  
• What jurisdiction is most relevant?  
• Do you need state or federal case law? 

Record your facts in a case management tool before beginning – this can help you develop a course of action and narrow down where to start your research. While it may be tempting to skip this step, a commitment to this process saves you time in the long run by helping you efficiently juggle multiple clients. Not to mention, you will likely need what you’ve recorded to file a motion or brief. 

With the facts of the case recorded, you can begin your research. Because this will help you develop a plan for gathering your sources, we will briefly discuss creating a research plan before moving on to Step 2.  

Did you know? LexisNexis boasts a collection of state case law superior to its leading competitors. Easily filter by jurisdiction before or after your search.  

Creating a Research Plan  

Review the facts you recorded to determine what information you will need to build your case. When legal research first moved online, many attorneys felt the need to start with a free service like Google to identify terms of art before conducting a search in a legal research platform. However, this is no longer necessary. Research platforms like Lexis+ allow you to start your search with a natural language search or question and equip you to quickly comb both primary and secondary sources. Litigators, specifically, can use Fact and Issue Finder – integrated directly with Lexis+ – to help quickly identify the best terms of art for their search.  

Creating your research plan is less about planning where you will search and more about planning what you will search. You know your research can be conducted on one, fully integrated platform. So, what questions will you ask to get started? What legal issues do you need more information about? What filters will you need (jurisdiction, time period, etc.)?  

Once you know what you will search for, you are ready to gather sources.  

Step 2: Gather Sources of Law  

The next step in your process is to gather relevant sources of law. Below, we detail the difference between primary law and secondary law. Importantly, when gathering sources, start with secondary law materials. This helps ensure you are up-to-speed on what experts have to say about a topic before you begin your case law search. Why does this matter? Think about it as building your knowledge base before crafting an argument – you’ll be less likely to make mistakes and more inclined to spot case-winning primary law.  

What are Secondary Sources of Law?  

Secondary legal sources are materials that describe or interpret the law. They are educational resources that provide analysis of the law. These documents are cited by attorneys to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow. Start with secondary sources to learn from legal experts that have already explored a given topic.  

Secondary sources may include: 

• Practice guides 
• Legal treatises 
• Law review articles 
• Scholarly journals 
• Legal news 
• Jury instructions 
• Legal dictionaries and encyclopedias 

What are Primary Sources of Law?  

A primary legal source is a formal document officially issued by the government that establishes the law on a particular matter, such as a case decision or legislative act. Primary sources are the law. This is the most authoritative step in the legal research process. You can support arguments with primary sources as they are not only authoritative, but precedential and controlling.  

Your primary sources may include: 

• Case law (federal and/or state) 
• Orders 
• Decisions 
• Statutes and regulations 
• Constitutions  
• Treatises 

Step 3: Check to See If You’re Using Good Law   

The final step in your research process should include a final check to ensure you have used “good” law – this means you are using case law that has been treated positively in court (as opposed to case law that has been overturned or brought into question). 

Check your case citations as you collect them, especially since legal research software can allow a quick view of how your case has been treated in court directly from your search results. However, it is best practice to review your citations once your research process is complete to check for any gaps, changes, or oversights.  

Read more about using good law and the process of " Shepardizing ."

Conduct Winning Legal Research  

Following this three-step process ensures you’re taking the right measures to find the most accurate, relevant and valuable data to achieve your objectives. Now that you’re ready to conduct winning legal research, take some time to review products and tools that can help you in your path to success.  

Getting Started with Legal Research Tools   

Legal research is key to drafting effective documents and building winning cases. Legal research solutions have evolved substantially – helping you conduct legal research with increased efficiency and accuracy . Below is a list of legal research tools to help you build a winning case:  

• Lexis +:  This is the premier LexisNexis fully integrated legal research platform. Features such as Shepard's At Risk ensures you’re citing only the most authoritative sources, with unprecedented visibility into whether a case is at risk of being overruled or undermined. Other Lexis+ features include, but aren’t limited to: 
• Brief Analysis: Get a clear picture of the contents of your legal brief to identify any missteps and bolster your arguments against opposing counsel. Simply upload and file and quickly evaluate the legal authority cited in your (or an opposing) brief in granular detail and receive recommendations for additional searches.  
• Litigation Analytics: Get the most accurate insights into judges, courts, attorneys, and law firms to ensure your success in litigation. Understand critical insights regarding caseloads, experience across case types, timing to key milestones, and damages by comparing federal districts and judges. 
• Shepard's ® Citations Service:  See if a case has been overturned, reaffirmed, questioned, or cited by later cases, or is at risk of negative treatment. Your research needs to provide precedential value. Using reversed or overruled authority doesn't qualify as "Good Law" and your research may be ineffectual or harmful to your case.  
• Practical Guidance: View professional insights on 20 different practice areas. Accomplish any task with practice notes, annotated templates, and checklists.  
• Legal News Hub: Receive up-to-the-minute, award-winning journalism and legal news from Law360 and Law360 Pulse anytime you need it — without having to leave the Lexis+ ecosystem. Stay current on critical developments across legal practice areas, with over 70 coverage areas spanning the practice and business of law. 

LexisNexis is here to support your firm in winning your next case. With Lexis+, all of your legal research needs are integrated into one platform as a true start-to-finish solution. Ready to learn more? Take a guided tour of Lexis+ today. 

Buy Now    Free Lexis+ Access

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Legal Research and Writing (219): Legal Research and Writing is a two-unit course taught as a simulation. Students work on a legal problem starting with an initial interview, and they conduct fact investigation and legal research related to that problem. Students receive rigorous training in reading and analyzing legal authority, and in using persuasive strategies--legal analysis, narrative, rhetoric, legal theory, and public policy--to frame and develop legal arguments. Students write predictive memos and persuasive briefs, and are introduced to the professional norms of ethics, timeliness, and courtesy. This course is part of the required first-year JD curriculum.

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How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

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.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

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Legal Writing at Duke Law School

Learning to write like a lawyer is perhaps the greatest challenge of legal education. The writing faculty support Duke Law students in all of their writing endeavors, helping them to develop and perfect the skills necessary to produce top-quality legal writing.

First-year Legal Analysis, Research, and Writing Program

Duke Law School's first-year Legal Analysis, Research, and Writing Program evidences the Law School's strong commitment to writing and research excellence. The Program, supplemented by the Legal Writing Resources website, emphasizes the integration of legal analysis, writing, and research, and helps students to understand and consider the legal audience for whom they are writing. The research and writing faculty are paired for each section of students, providing opportunities for team-teaching and specialized instruction throughout the year-long course. (The writing faculty for the first-year course are listed below.) In writing assignments, which range from short office memos to trial and appellate briefs, students master sophisticated research skills, complex analysis, careful construction of legal arguments, and the special requirements of legal prose. The intertwined research and writing tasks additionally enhance the retention of research skills and promote more effective research strategies.

The Legal Analysis, Research and Writing Program is also distinguished by its use of writing faculty with substantial past law practice who have moved into the teaching of writing as their primary professional commitment and research faculty who are part of the Law School's professional reference librarians, all of whom are also lawyers. Duke was one of the first top-tier law schools to employ writing faculty whose first professional commitment is teaching; at a number of other top-tier schools, these courses are still taught by upperclass law students, recent law graduates, or practitioners who serve as adjunct professors. The blend of academic strength and first-rate practical experience in the Duke Law Program results in a rigorous and richly rewarding experience.

Upper-Level, Advanced Legal Writing Courses

Duke Law School's upper-level advanced legal writing courses provide students with opportunities to hone further the legal writing skills taught in the first year. These courses are geared to specific subject-matter or legal writing settings, taught by the writing faculty in small seminars, and include substantial feedback to students on their written products. Some of these courses also involve continued instruction in legal research.

Contract Drafting

Prof. Diane Dimond has taught this course which teaches basic practical skills in contract drafting through written drafting exercises. While the skills taught are basic, they are readily translatable to more sophisticated contracts, such as those that Duke Law students can expect to see and draft in practice. » more info

Legal Writing In Civil Practice

This course helps prepare students for the rigors of legal analysis and writing in general civil practice by providing a variety of writing experiences including opinion and demand letters, pleadings, motions, and trial briefs. It culminates in oral arguments on motions before members of the bench and bar. » more info

This two-credit course introduces the components of contracts, a formal vocabulary for discussing them, and the skill of translating business deals to the page. Contract Drafting features writing exercises that will be done both in and outside of class. In addition, extensive peer and instructor editing will be used. While the skills taught will be basic, they will also apply to more sophisticated contracts, including those that Duke Law students can expect to see and draft in practice. While this writing-intensive course fulfills the upper-level professional skills requirement, because performing significant independent legal research is not a part of it, it does not fulfill the substantial research and writing project requirement. » more info

Writing: Drafting Legislation

Professor William Blais teaches this course in which students will follow a topic of their own interest and produce a substantive proposal for legislation, along with supporting research and technical reports. The course will appeal to students who are interested in public policy, public interest law, or advocacy through the legislative process. The class will emphasize the development of writing skills that enable the execution of policies through the creation of rules, procedures, duties, rights, and sanctions. In addition to substantive writing, the students will participate in interactive oral defense and advocacy of their proposed legislation. » more info

Writing: Federal Litigation

Professor Allison Kort teaches this advanced writing course, which helps prepare students for the writing challenges specific to litigating large federal cases. Students will be required to complete various writing assignments surrounding one hypothetical federal problem, including a client letter; a complaint or answer, a discovery request, and a motion for summary judgment. Coursework will involve research, preparation of initial drafts and final revisions of documents, instructor feedback, and peer review of written materials. The course will culminate in oral argument on cross-motions for summary judgment. » more info

Scholarly Writing Workshop

In this course, students will produce an original analytic paper of substantial length. Papers must involve significant and thorough independent research, be well-written, and provide appropriate sourcing. Participants are free to choose any topic that may be addressed seriously in an article-length piece and that may be written during one semester. » more info

Judicial Writing

This two-credit course is intended to appeal to any student who is interested in or who’s already been hired for a judicial clerkship. The course offers each student the opportunity to focus on and assess the writing style practiced by the judge for whom each will be clerking (or another whose opinions she or he admires). In addition, the students will practice forms of legal writing that they, as clerks, will be drafting for their judges—a bench memorandum, a majority opinion, and a concurrence or dissent. The focus here is on organized, clear, effective formal writing, which is the focal point of both. » more info

This course is an introduction to several different types of persuasive writing used in federal litigation. The simulated writing exercises will focus on one hypothetical matter involving federal law. » more info

Mediation Advocacy

In this advanced experiential seminar, students explore the fundamentals of mediation theory and practice from the perspective of the mediator, the attorney, and the client.  Students have the opportunity to practice persuasive writing as they draft pre-mediation statements, and will learn the essential elements of drafting agreements memorializing your settlements.  By engaging in all phases of the mediation process, students not only improve their social and emotional competence, they will develop skills that will be useful in client interviewing and counseling, fact development and legal analysis, and a variety of other contexts beyond mediation.  » more info

Ethics In Action: Large Firm Practice

This two-credit course offers an opportunity to hone critical practice skills while gaining a background in the law governing lawyers. Students analyze and resolve simulated ethical quandaries that might be encountered in the general counsel’s office of a large firm, presenting their proposed resolution in class or in written form. The course builds upon research and writing concepts from LARW while adding skills often used in practice but seldom encountered in law school—making collaborative presentations, writing as a team, and re-writing in response to feedback.  » more info

Federal Indigent Defense in Practice

This skills-based simulation course focuses on writing as an advocate for the accused and developing foundational practical skills and substantive legal knowledge needed to prepare a strong defense. The course focuses on the real cases of several indigent defendants convicted of federal crimes and is structured around preparing a direct appeal from the viewpoint of a solo practicing attorney appointed at the direct appeal stage. Each student will work on preparing one defendant’s case throughout the semester.   » more info

Legal Writing for Non-Legal Audiences

Not all legal communications are directed at judges and lawyers.  This advanced seminar focuses on communicating legal ideas to non-legal audiences with different goals, values, and knowledge bases.  Students will explore how to counsel clients, engage with industry, manage media relations, and leverage platforms such as social media to communicate legal concepts in a broadly understandable manner.  The course combines communication theory with practical workshops, role-playing exercises, guest speakers, and case studies.  By the end of the course, students should feel equipped with the comprehensive communication toolkit needed for a modern, dynamic legal practice.  » more info

Writing: Electronic Discovery

This advanced writing seminar helps to prepare students for the types of writing that are common to all civil litigation, while introducing them to electronic discovery. Writing assignments will all surround one hypothetical federal lawsuit that raises electronic discovery issues that arise in most civil litigation. Students will be associates in a hypothetical law firm and will handle the electronic discovery aspects of the firm’s defense of the lawsuit. » more info

Student Scholarship Workshop

This workshop provides students the opportunity to share their scholarship with other students. Students present their writings and receive feedback from peers and guidance from faculty advisors. » more info

Legal Writing for LLM Students

Legal analysis, research, and writing for international students.

Duke Law School recognizes that LLM students will be writing in English for US lawyers and clients during their careers. It therefore requires as part of the LLM curriculum a one-semester legal analysis, research, and writing course. The course trains students in US-style reasoning and analysis, preparing them for law school exams. It teaches them how to locate US law in hard copy and electronic resources. It challenges them to write in the direct, succinct style preferred by US lawyers and business people. Students improve their written English through numerous opportunities to review and revise their work. Taught in small sections by faculty who have practiced law and have extensive experience with international lawyers, the course prepares international LLM students for a transnational career.

Advanced Legal Writing Workshop for LLM Students

In their second semester, LLM students may attend the Advanced Legal Writing Workshop for LLM Students. The Workshop gives international students additional instruction on US-style writing. Topics of the workshop include standards for academic research papers, letters, and contracts.

Summer Institute for Law, Language and Culture

The Summer Institute for Law, Language and Culture is a four-week intensive course introducing students to legal English, the U.S. legal system, and the law school experience. Through small-group class interaction, encounters with lawyers, judges, and teachers, visits to courtrooms and law firms, and interaction with popular media, students will learn to read and produce good legal writing, to study and understand U.S. law, and to make the best possible use of their U.S. law school experiences. Because the study of law is a language-intensive task, SILLC is designed to increase proficiency in reading and hearing English, to develop confidence and skill in speaking and writing, and to facilitate personal adjustment to the culture of U.S. legal education. Small class size and individual attention from the instructors give students a concentrated and tailored teaching experience. » more info

In this section

• Legal Writing Resources
• Student Scholarship
• Bar Application

Legal Writing Faculty and Courses

• Director of Legal Writing Jeremy Mullem
• Assistant Director of Legal Writing Rebecca Rich
• Required First Year Writing Course Sarah Baker , Kendall Gray, Melissa Hanson,   Catherine Lawson ,  Jeremy Mullem , Greg Pawlowski ,  Rebecca Rich , Casey Thomson
• Legal Analysis, Research and Writing for International Students Rima Idzelis , Phyllis Lile-King , James Stuart
• Legal Writing in Civil Practice Catherine Lawson ,  Greg Pawlowski
• Contract Drafting Jeremy Mullem , Sarah Baker ,  Sarah Powell
• Scholarly Writing Workshop Jeremy Mullem , Rebecca Rich ,  Sarah Baker
• Judicial Writing Joan Magat
• Legal Writing: Craft & Style Joan Magat
• Writing: Federal Litigation Sarah Baker , Melissa Hanson
• Mediation Advocacy Casey Thomson
• Ethics In Action: Large Firm Practice Kendall Gray
• Federal Indigent Defense in Practice Sarah Powell
• Legal Writing for Non-Legal Audiences Catherine Lawson
• Writing: Electronic Discovery Rebecca Rich ,  Sarah Powell
• Advanced Legal Writing Workshop for LLM students Rima Idzelis
• Summer Institute for Law, Language and Culture Marily Nixon ,  Melissa Hanson

J.D. Curriculum: Legal Research & Writing

• Costs & Financial Aid
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Legal Research & Writing Program

Each Vanderbilt Law School first-year J.D. student must complete a graded, two-semester Legal Research and Writing course. Each Vanderbilt Law School L.L.M. student must complete a graded, one-semester Legal Research and Writing course. The course primarily teaches students to plan, research, organize, and write legal analysis and advocacy. The second semester for J.D. students also introduces oral advocacy.

Course Structure

The J.D. course is taught in sections (usually 9) of about 20 students each. The L.L.M. course is taught in sections (usually 4) of about 15 students each. Under the leadership of the Director of Legal Research and Writing, each section is taught by a team that consists of one writing instructor, one reference librarian, and one teaching assistant. Writing instruction typically occurs in 50-minute sessions.

The program's pedagogical philosophy can concisely be expressed in the following proverb: "I hear and forget. I see and remember. I do and understand." We challenge students to learn responsibly and actively. First, we assign readings or foster classroom discussions, or do both, to critically review their work with their writing instructors and with fellow students. Next, they use lessons learned from this review as they complete the task again, for example by rewriting a document. Moreover, assignments gradually grow more complex and demanding. The result is a repeated, progressive cycle:

• Reading or discussion, which leads to
• Practice, which in turn leads to
• Collaborative, constructive feedback followed by
• Further practice on gradually more challenging assignments.

To help students understand this process and their role, students are given a detailed syllabus. The syllabus describes the course's goals and schedule. It also provides an in-depth overview of the course's student-centered, active learning process.

Vanderbilt Law School is fortunate to have experienced and dedicated teachers guiding students through this process. The writing instructors have outstanding qualifications and over two dozen years of experience teaching in the program.

The Legal Research and Writing course complements the remaining first-year and L.L.M. curriculum. Students frequently research and write about concepts that are familiar to them from their other courses, challenging them to practice, in written form, the analytical skills they are developing. The courses also challenge students to explore new doctrinal territory.

The courses are graded in conformity with the Law School's curve. Writing performance primarily determines the grade. Instructors, however, heavily emphasize individualized, constructive criticism rather than grades. They comment in detail on each paper, addressing its strengths, weaknesses, and potential for improvement. In doing so, they evaluate both the form and substance (analysis and underlying research) of students' writing.

The fall semester's writing instruction typically focuses on analytical legal memoranda for fellow attorneys. The students immediately begin writing and, within days, are reviewing what they and their peers have written. Soon, the students have written and edited the core of a simple analytical memorandum. They then begin their first graded writing assignment. This process challenges them to analyze a carefully selected set of legal authorities and to write a complete discussion section of a memorandum analyzing, for example, whether a fictional client acted tortuously. Students analyze collaboratively with one another but write individually, often meeting or corresponding with their instructor as they progress. The instructor then reviews the submitted paper and offers detailed, constructive comments on each student's writing. Students discuss this commentary in class and in individual meetings with the instructor.

The students then write a full memorandum analyzing authorities provided to them. They again receive detailed comments, discuss these in class, and meet with the instructor prior to rewriting this assignment for a grade. For their final assignment of the fall semester, they research and write a full memorandum on another legal topic. After receiving feedback on their research and their draft, they rewrite this assignment for a grade.

In the spring semester, first-year J.D. students shift their focus to advocacy. They typically write a motion memorandum, typically supporting or opposing a motion to dismiss a complaint. They receive comments, meet with their instructor regarding their work, and write an appellate brief. After submitting an appellate brief, students conduct a mock oral argument before a panel composed of a writing instructor, teaching assistant, and other Legal Research and Writing program personnel.

The reference librarians provide research instruction. Students read about, discuss, and work with a variety of print-based and computerized tools. Students then promptly engage in exercises that challenge them to implement what they have learned.

Research exercises are coordinated with the writing curriculum. The research instructors teach students to use specific research tools and develop effective strategies. Students also complete research reports in connection with their first open research assignment.

Students learn legal citation under the guidance of student teaching assistants. The teaching assistants are carefully selected fellow students who previously excelled in the program and can serve as mentors for first-year students. The assistants' chief goal is to help students learn to use efficiently The Bluebook: A Uniform System of Citation (19th ed. 2010). The teaching assistants also review and comment on the citation and formatting in the students' writing assignments.

Legal Writing I & II: Legal Research and Writing & Introduction to Litigation Practice

(0 reviews)

Ben Fernandez

Copyright Year: 2020

ISBN 13: 9798746520340

Publisher: Ben Fernandez

Language: English

Formats Available

Conditions of use.

Table of Contents

• Introduction
• Part I: Objective Writing
• 1. Sources of Law
• 2. Legal Research 
• 3. Briefing Cases
• 4. Applying Cases and Analogical Reasoning
• 5. Analyzing Statues and Marshaling Facts
• 6. Citation
• 8. Objective Legal Memoranda
• 9. Other Examples of Legal Writing
• 10. Improving Your Writing
• Part II: Persuasive Essay
• 11. Credibility
• 13. Ethical Rules for Advocacy
• 14. Civil and Appellate Procedure
• 15. Requirements for Civil Motions and Standards for Appeals
• 16. Persuasive Writing
• 17. Memoranda in Support of MOtions
• 18. Motion Session
• 19. Appellate Briefs
• 20. Oral Argument
• Case Briefing Exercise
• Clampitt v. Spencer
• Eppler v. Tarmac
• Sample Case Briefs
• Clampitt v. Spencer Brief
• Eppler v. Tarmac Brief
• Case Analogy Exercise
• Malczewski v. Florida
• Sample Case Analogy
• IRAC Exercise
• Young v. Kirsch
• State Farm V. Mosharaf
• Southland v. Thousand Oaks
• Sample IRAC
• Legal Memorandum Exercise 
• Sample Legal Memorandum
• About the Author

Ancillary Material

About the book.

Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice contains a brief discussion of all of the topics covered in a law school courses on legal writing, including a typical first semester course on legal research, analysis and writing an objective memorandum, as well as a second semester course on persuasion and writing an appellate brief, motion to dismiss or motion for summary judgment. The discussion focuses on the basics of analogical reasoning and persuasion and leaves out the minutiae. Each topic is taken one step at a time, with each step building on the step before it. The sources of law are presented first, then legal research, and reading and analyzing cases and statutes. The book covers analogizing a case to a fact pattern and marshaling the relevant facts to the elements of a statutory rule next. And then first section of the book concludes with legal citation, CRAC and CREAC, and writing a legal research memorandum. The text also includes a lot of samples and examples of how the author would write a case brief, a legal memoranda and an appellate brief, as well as an appendix with charts, outlines and exercises students can use to practice these skills. Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice covers all the skills students need to know to work at a law firm, and everything students have to learn to begin practicing in litigation department of a firm.

About the Contributors

Ben Fernandez,  University of Florida Levin College of Law

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