Comments on Research
“Ignorance is the curse of God,
Knowledge the wing wherewith we fly to heaven.”
- 2 Henry VI, IV, 7; Lord Say, attempting to defend himself against an ignorant and violent mob
Skill at legal research develops over time. Each individual practitioner will collect their own specific bag of tools to best wield that skill. Here are some specific research considerations that I have found useful over the years.
Rely on secondary sources – Don’t overlook their efficiencies and advantages. Finding secondary authorities such as law review and bar journal articles on a particular subject matter can help you hone in on the special needs of the case at hand. Don’t be afraid to use treatises and other general resources for basic legal principles too. This will save you time, and time is…well, you know the rest.
Use the Appellate Advocacy Handbook ,available for free from the Nashville Bar Association -- I have spent the last 25 years as Editor in Chief on that darn thing and have had dozens of really smart people helping me make it the best source for law and procedure for appeals in Tennessee.
Know your judges – Determine which judges in the relevant jurisdiction are known for writing thoughtful, detailed opinions and include their name in search queries. Certain judges may have written about the issues you need to raise in your appeal. In that sense, those judges may have done a chunk of your research for you.
Be obsessive about citation form – This needs to be a habit, even when you don’t think it matters (such as in your personal notes). Always cite according to the rules. Keep that Bluebook handy and know how to navigate it. Find someone on your team who is skilled at citation work and put them to work.
Pay attention to procedural rules – The Rules of Appellate Procedure, the Rules for the Court of Appeals, Supreme Court Rules, local rules of courts: read them. At bedtime. On the beach. Wherever you need, so that they will sink in. Know them. This tip might seem like a no-brainer, but think about it anyway. Courts notice when you do not comply with their rules.
Hope you found these items from my tool bag helpful. Maybe you have some of your own. If you do, I would love to hear about them. When it comes to research (and our law practices as a whole), we can never collect too many tools.
