Legal Research in the Real World Mary Whisner Helane Davis Cheryl Nyberg

On Managing research assignments Developing research strategies Learning tips to make legal research easier

Project Log Date assigned Supervisor Project Due When you’ll work on it Done!

Calendar Due dates Chunks of time for working on projects (before their due dates!) Meetings “Extras”

Getting the Assignment School assignments –What topic –How long (pages, margins, font size) –What sources to use –When due Work assignments –????

Asking Questions Is Good! Requester? –Contact info? –Others who know project? When is it due? Format? Time? Billing? Background? Suggestions?

Notes Prepare to cite –Write down the information you’ll need now rather than waiting until you’re ready to write.

Notes ♪What’s the question? ♪Where’d you look? ♪How’d you look? ♪What’d you find? ♪What’s the date? ♪Why’d you copy that?

Developing Research Strategies

Think Framework Rombauer Preliminary analysis Search for statutes Mandatory precedent Persuasive precedent Refine, double-check & update

Preliminary Analysis Issue Jurisdiction Key facts Relevant search terms Knowledge assessment

Search for Statutes If there’s an applicable statute, you want to see it first Don’t forget to look for applicable regulations

Search for Cases - Mandatory Cases that matter for your issue and jurisdiction How to find: –Have an applicable statute? –Digest –Secondary sources are your friend

Search for Cases - Persuasive When there’s no mandatory precedent Choose your jurisdiction Here, secondary sources can be your favorite finding tool

Refine, Double-check & Update All along or at the end: just make sure you do it! Shepardize/Keycite cases and statutes

So…Scenarios The Wild Goose Chase "We think our matter is a case of first impression." source: Callinan, Ellen, How to Survive Summer Associate Research... and Thrive!--Advice from the Law Firm, 7 Perspectives: Teaching Legal Research and Writing (Spring 1999) (1999), reprinted in Best of Perspectives: Teaching Legal Research & Writing at

So…Scenarios The Survey "For a large national client, we need to know how all 50 states handle a particular legal issue.“ source: Callinan, Ellen, How to Survive Summer Associate Research... and Thrive!--Advice from the Law Firm, 7 Perspectives: Teaching Legal Research and Writing (Spring 1999) (1999), reprinted in Best of Perspectives: Teaching Legal Research & Writing at

So…Scenarios Update My... “Course materials, seminars, articles or books.” source: Callinan, Ellen, How to Survive Summer Associate Research... and Thrive!--Advice from the Law Firm, 7 Perspectives: Teaching Legal Research and Writing (Spring 1999) (1999), reprinted in Best of Perspectives: Teaching Legal Research & Writing at

When Do I Stop? Lots of factors and no easy answers...but... When the costs outweigh the benefits When you keep finding the same sources When you find the answer When you run out of time

Missile - any Tips

Effective Dates WA: 90 days after adjournment –Laws of Wash. –RCWA tables & pocket parts US: Presidential signature OR as stated in the act –Statutes at Large –USC, USCA & USCS

50 State Surveys M-H Law Digest National Survey of State Laws Subject Compilations of State Laws Uniform Laws Annotated

Fact Pattern American Law Reports Causes of Action (tort- based)

Leave It to Bieber’s Dictionary of Legal Abbreviations Dictionary of Legal Citations

The Bluebook Blue pages Tables & abbreviations Jurisdiction- specific Courts, documents, states, periodicals, services

Words and Phrases Judicially defined Nationwide Annual pocket parts Westlaw: search cases or statutes, field WP (term)

Unfamiliar Topic Find a research guide Consult a treatise Check ALR or Causes of Action Read a law review article

Treat-ises ►Scholarly ► Comprehensive ► Authoritative Corbin on Contracts Nimmer on Copyright LaFave on Search & Seizure

Forms Formbook collections LexisNexis & Westlaw databases Office boilerplate

Facts Public libraries –Seattle Public –Internet Public Library Almanacs

Bag ‘O Tricks How to use a new source Smaller, targeted databases System as a citator

Paper Trail CALR searches Internet finds Citator checks Dead ends

Kindness of Strangers