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Formulating a Research Plan

Formulating a Research Plan. Maureen Cahill and TJ Striepe January 2012. Introduction. Using tools from Legal Research & Writing Issue spotting Formulating issues for research Creating a research plan Identifying and finding resources Tracking results Finalizing research. Introduction.

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Formulating a Research Plan

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  1. Formulating a Research Plan Maureen Cahill and TJ Striepe January 2012

  2. Introduction • Using tools from Legal Research & Writing • Issue spotting • Formulating issues for research • Creating a research plan • Identifying and finding resources • Tracking results • Finalizing research

  3. Introduction • In practice, context less controlled • Facts change as you research • Questions less specific, more open ended • Your research only portion • Supervisor may not be clear or specific

  4. Understand the Assignment • The Big Issues : • What legal question is presented • In what format should research and analysis be presented • What are the time and resource limitations

  5. Understand the Assignment • Ask questions! • Nature of the task • Work product expected • Context for the task • What is representation about and how does your research fit

  6. Formulate the Legal Issue(s) • Clarify with supervisor • Frame the issue for research • Map potential resources

  7. Clarify with supervisor • Usually, obvious issue • Vague issues • Find me the law on comparative negligence in Georgia… • About 5 years ago … • The law changed recently… • Tell me the legal issues in this contract… • Testing or just bad supervision? • Talk through the issue at the beginning, check back as necessary

  8. Frame the Issue • Understand the facts • Read the File • Ask questions • Identify the legal context • If not obvious: what problem needs to be solved or what deal to be structured, what is the relationship between the parties, crime, government action; use secondary sources

  9. Frame the Issue • Phrase the legal question for research • Write it down • Be specific • May revise later • Check in with supervisor

  10. Map potential resources • Consider best place to start (not always Wexis!) • Use these questions: • Jurisdiction • Type of primary law • What secondary sources available • Is there a keyword search path • List relevant primary law

  11. Research Process • Specialized research resources • Administrative law • Substantive areas • Hornbooks • Loose-leaf services • Multi-volume treatises • Practice guides

  12. Research Process • Follow your resource map • Create a chart • Source • Location • Search terms • Results • Research Trail

  13. Research Process • Research log -- • Example – Accountant signed covenant not to compete • Use whatever works for you • Parties/Jurisdiction • Secondary Sources • Issues • Attempted Searches • Results

  14. Research Process • Research • Go back to your written issues/questions • Access and rewrite if necessary • Review the purpose of the assignment • Update • Repeat • Early on: create a rough outline of final product • Questions answered • Gaps in answers or logic

  15. Research Process • How do you know when you are done? • Easy cases: authority directly on point, only a few results, and they answer the question, results repetitive • Hard cases: keep finding relevant results, nothing directly answers your question, answer conflict

  16. Research Process • When spinning wheels—step back, reassess • Develop awareness of tangents • Touch base with assigning attorney, others involved • Recognize when your task shifts from research to analysis

  17. Research Problems • Not all legal questions have black and white answers • If the issue were clear. . . . • Legal research arises when there is no easy answer • New legal question • New factual twist • Untried form for transaction • Question your supervisor has never seen

  18. Research Problems • Too many relevant authorities (framing/focus) • Your research question • Authorities have difficulty • No direct answer • Start analysis • Break down the issue into further parts • How much of the issue can you answer • Reason from partial authority

  19. Research Problems • Conflicting authorities • Analysis • Use skills obtained in law school • Resolve conflict in authorities • Identify alternative readings • Choose a reading to advance your position • Research is not a linear process • Consult other colleagues, mentors, professors, law librarians

  20. Conclusion • Increased responsibility • Ask • Work to clarify, refine issues • Expect false starts • Keep track of where you’ve been • Consult • Reassess • Bring skills in analysis to each step

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