legal research in the real world

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Legal Research in the Real World Mary Whisner, UW Law Library Rita Kaiser, King County Law Library

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Legal Research in the Real World. Mary Whisner, UW Law Library Rita Kaiser, King County Law Library. On. Managing research assignments Developing research strategies Learning tips to make legal research easier. We Can’t Cover Everything Today!. Use research guides . Incl. int’l - PowerPoint PPT Presentation

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Page 1: Legal Research in the Real World

Legal Researchin the Real WorldMary Whisner, UW Law Library

Rita Kaiser, King County Law Library

Page 2: Legal Research in the Real World

On

Managing research assignments

Developing research strategies

Learning tips to make legal research easier

Page 3: Legal Research in the Real World

We Can’t Cover Everything Today!

Use research guides. Incl. int’lAsk a reference

librarian.

Develop your skills -- e.g., by taking advanced legal research classes.

Page 4: Legal Research in the Real World

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

Page 5: Legal Research in the Real World

Calendar Due dates Chunks of time for

working on projects (before their due dates!)

Meetings “Extras”

Page 7: Legal Research in the Real World

For instance…

I need you to do a legislative history of the breathalyzer statute.

Our client (a large company) is being sued for sexual harassment allegedly done by one of the supervisors. Could you research possible defenses?

Page 8: Legal Research in the Real World

Asking Questions Is Good!

Requester? Contact info? Others who know project?

When is it due? Format? Time? Billing? Background? Suggestions?

Page 9: Legal Research in the Real World

What Resources Are Available?Important to know about

your workplaceLibrarian, office manager,

summer clerk coordinator Information, policies Advice

In-house library Books, etc. Brief bank Electronic subscriptions

Page 10: Legal Research in the Real World

What e-Resources Are Available?Your workplace

LN & WL?• academic

subscriptions - externships for credit

• employer’s subs for all else

• be aware of firm policies

Page 11: Legal Research in the Real World

How Much Do LN & WL Cost?

Depends on K: Hourly Transactional Flat-rate Databases

included Usu. extra for big

databases

Page 12: Legal Research in the Real World

For example...

If you click on a Westlaw Results Plus link outside your contract

secondary source:

$55 brief or motion:

$80

Page 13: Legal Research in the Real World

“How can one get by without Westlaw or LexisNexis?”

Page 14: Legal Research in the Real World

What e-Resources Are Available?

Your workplace LN & WL? Loislaw (OK to use for work) Casemaker (all WSBA

members) Other products

Free websitesLocal libraries

Page 15: Legal Research in the Real World

A Few Internet Tips

Often efficient to search specific site rather than whole Web. (Problem of “deep Web.”)

Great links for Washington and federal law: http://lib.law.washington.edu/research/research.html

Page 16: Legal Research in the Real World

A Few Internet Tips Wide variety of sources (and authority!)

Official court and agency sites Newspapers Law reviews Firm newsletters, blogs Wikipedia

Citation Credit your source Will it be findable later?

Page 17: Legal Research in the Real World

“I have relied VERY heavily on electronic research during school and I need to get stronger at using books to keep costs down.”

Page 18: Legal Research in the Real World

Tips for Using Books Practice Materials later today Library catalogs Ask a librarian No keyword searching, BUT

• Table of Contents• Index• Table of Cases• Table of Statutes

How is this source kept up to date?

Page 19: Legal Research in the Real World

Local Law Libraries Law school libraries –

SU, UW King County Law Libr

ary Subscription plan Collection Electronic resources Reference help

KCLL RJC

Page 20: Legal Research in the Real World

KCLL Resources

Online Library Catalog (from web site)Current secondary sources and

primary law for Washington & FederalHistorical Washington & Federal

primary lawCodes for all 50 states

Page 21: Legal Research in the Real World

KCLL Resources

Legal Databases (search free, print for 15¢ a page)Westlaw – 50 states plus federal case law,

statutes, and administrative materialLexis – Wash. State & federal, plus Get a

DocumentHeinOnline – for law reviews, treaties,

Federal Register, etc.

Page 22: Legal Research in the Real World

KCLL Resources

Legal Research and Training Center Access to Internet SCOMIS & ACORDS Word processing & printing

Wireless

Page 23: Legal Research in the Real World

KCLL Research Help

Experienced reference staff Research Links on our web site Research Guides Ask a Question – from the web site

How do I Find --- ?

Page 24: Legal Research in the Real World

More Libraries Other law libraries

County law libraries U.S. Courts

What about nonlegal info?

Seattle Public Library University libraries

Page 25: Legal Research in the Real World

Notes

Keep a paper trail – including dead ends

♪ 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?

Page 26: Legal Research in the Real World

Notes

Keep a paper trail – including dead ends♪ 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?

Page 27: Legal Research in the Real World

Notes

Prepare to cite Write down the

information you’ll need now rather than waiting until you’re ready to write.

Page 28: Legal Research in the Real World

Speaking of Citation

If you want a Bluebook refresher, see: http://lib.law.washington.edu/ref/bluebook101.html

Washington practitioners also need Style Sheet from Wash. courts: http://www.courts.wa.gov/court_rules/Word/GAGR14_A1.doc

Page 29: Legal Research in the Real World

Developing Research Strategies

Page 30: Legal Research in the Real World

Think Framework

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

Page 31: Legal Research in the Real World

Preliminary Analysis Issue Jurisdiction Key facts Relevant search

terms Knowledge

assessment

Page 32: Legal Research in the Real World

For instance…

Our client was in a car accident just this side of the Idaho border. A Washington State Patrol trooper followed the ambulance that took him to a hospital in Idaho and then had the hospital do a blood alcohol test. The Idaho tech isn’t certified by Washington. Can the prosecution still use the results?

Page 33: Legal Research in the Real World

When Do I Stop?

When the costs outweigh the benefits

When you keep finding the same sources

When you find the answer

When you run out of time

Page 34: Legal Research in the Real World

Miscellaneous Tips

Page 35: Legal Research in the Real World

Indian Law Tribes are sovereign

governments 29 in Washington Guide:

http://lib.law.washington.edu/ref/indian.html

Page 36: Legal Research in the Real World

50 State Surveys M-H Law Digest National Survey of

State Laws Subject Compilations

of State Laws Uniform Laws

Annotated

Page 37: Legal Research in the Real World

Unfamiliar Topic Find a research

guide Consult a treatise Check ALR or

Causes of Action Read a law review

article

Page 38: Legal Research in the Real World

Leave It to Bieber’s

Dictionary of Legal Abbreviations

Dictionary of Legal Citations

Page 40: Legal Research in the Real World

Tricks with Full-Text Databases Bluebook puzzles? Find a

law review article that cites the source.

Obscure document? Find an article that cites it – and maybe says where it’s reprinted.

(Remember cost constraints.)

Page 41: Legal Research in the Real World

Words and Phrases Judicially defined Nationwide Annual pocket parts Westlaw: search

cases or statutes, field WP (term)

Page 42: Legal Research in the Real World

Questions?

Page 43: Legal Research in the Real World

Gallagher Law LibraryUniversity of Washington School of LawBox 353025Seattle WA 98195-3025http://lib.law.washington.edu

We are happy to have our guides used by other libraries, librarians, and legal researchers.

Before copying or adapting one of our guides, please contact Cheryl Nyberg (cnyberg at u.washington.edu) to obtain permission. Then give appropriate attribution, such as: "Adapted from a guide by Mary Whisner at the Gallagher Law Library website."