Lawyering Program - Law School - Lewis & Clark

Legal Research Strategies

Develop a Strategy that Works for You

The strategy set out below will not fulfill everyone’s needs. If you already have developed a successful research strategy, you may only need to adapt it to legal research, incorporating those parts of this sample strategy that work for you.

Think About Your Research

Always take time before beginning your research to think about what you are being asked for. Consider due dates, time available, work product expected, and dollar, time, and resource limitations. Do you have all the information you need to get started? Try to clarify and break complex issues into manageable parts. Reevaluate as you go. Sometimes starting with a research template is easier than starting with a blank page.

Keep Track of Your Research

Always take notes on your sources as you go along. Get all available bibliographic information (author, title, publisher, dates, call numbers/urls). Be aware of and write down all related terms and descriptors for your facts and issues as you go along. Create charts or tabs to organize your research.

Know Your Resources

Get in the habit of evaluating as you go. Be aware of scope, currency, authority and coverage. Ask your peers for recommendations. The L&C law school reference librarians will often be the best place to start to find out on what sources to rely.  Remember to use the library’s database subscriptions in addition to Westlaw and Lexis.

If You Get Stuck

Research is not linear. If you get stuck, take a break, or move on to something else for a while. There may often not be “an answer” to your question. Much of lawyering concerns cases of first impression, so sometimes what you are looking for simply does not exist. If you find yourself moving in circles, talk it out with others (friends, professors, librarians) for new suggestions.  Remember also that much of the law is found in more than one source. Always consider alternatives. An online source may not work where a print will, and vice-versa.

Sample Legal Research Strategy

Step One: Factual Analysis

Carefully and thoroughly go over the facts of your situation. Answer: who, what, where, when, how?

  •  Persons or parties involved?
  • Group, class or status of persons involved?
  • What is their relationship to each other?
  • Item, location, date, time, subject matter?
  • Cause of action or legal theory? Is this a tort? Breach of contract? Is there a defense?
  • Relief sought? Money damages? Injunction? Criminal penalties?
Step Two: Generate a Research Vocabulary

Think of terms and phrases that might be applied to your facts and issues. Be sure to come up with as many synonyms, antonyms, broad, narrow and related terms as possible. Try using law dictionaries, legal thesauri, or Words and Phrases.

Step Three: Research Your Topic

Use your research vocabulary as index and search terms for both online and manual sources.  If you have questions about where to find these sources, remember to consult the reference desk, the library website, and your legal writing faculty.

A. Secondary Sources

  • Legal Encyclopedia, Annotated Reports (ALR)
  •  Legal Periodicals (Law Reviews and Journals)
  •  Treatises, Texts and Hornbooks
  •  Looseleaf Services
  •  Practice Materials
  • Oregon BarBooks or Oregon State Bar CLEs

B. Primary Authority (Look for primary authority first. If none, find persuasive authority.)

  • Statutes and Legislative History
  • Administrative Regulations and Decisions
  • Cases: Find and Update

C. For more help, there are CALI Lessons to help you with your legal research.

Step Four: Update and Verify Authority & Acquire Current Information

Update your cases, statutes and rules to be sure you have the latest authority. Verify using citators (Shepard’s, Keycite) that your authority remains “good law.” Check for new laws or pending legislation.