Research is the most important weapon for lawyers. It’s like the Minutemen’s sharpshooting in the American Revolution, it helps level the playing field. Even with the computer, traditional research is still essential. I used to be a criminal lawyer, but when I switched to business litigation, I had to learn a lot of new things. For example, I had to write a motion using a rule I didn’t know about. But with good research, I was able to write and serve the motion correctly, leading to a successful outcome for my client. Research in law is crucial for achieving success and avoiding embarrassing losses. Here are some tips:
1) Donât rely on shortcuts like “Boolean searches” when researching cases. Make sure that the cases you cite actually support the position you are arguing for. For example, selective enforcement is not a defense in a criminal case, but it can be a defense in a condo action. So make sure the cases you cite are relevant to your specific situation. If you were a lawyer in a condo case, itâs important to know the difference between criminal âselective enforcementâ cases and your case. Donât rely on irrelevant information, as it can hurt your clientâs case and make you look bad in front of the judge.
Also, read about Florida laws and cases in the Florida Jurisprudence encyclopedia. It will help you understand what you need to prove in your case and what your opponent may be missing.
Finally, make sure you understand the rules that apply to your case and double-check them. Donât let yourself be caught off guard by outdated rules or amendments. Always start your legal research with the pocket part of the Florida Statutes Annotated for the latest case law. If you have a case but don’t know where to go next, check the digest to see what other courts have said about similar cases. Use a combination of research tools to make sure you don’t miss any important new cases. Don’t rely only on Boolean searches, as they may limit your results. 1) Always check the current status of a law before using it, as it may have changed.
2) Even if the other side has a good reputation, don’t assume they’ve done thorough research.
3) Be open-minded and think outside the box when doing research.
4) Sometimes clients know their cases better than you do, so listen to their suggestions. 1) Learn from your opponents. Save good examples of legal documents from other lawyers to use as models. Also save your own good work for future reference.
2) Do research as needed. Donât worry about keeping up with every court opinion, but keep up with important legal news in local papers and online.
3) Donât get mad at the person who gives you a research assignment. Itâs important to do thorough and honest research, even if it doesnât support what the boss originally thought. Itâs better to be truthful and thorough than to blindly follow someone else’s opinion. Get the latest books on law for your law firm. Different types of lawyers need different books, like the ones on practice and procedure, admiralty law, family law, federal court rules, appellate practice, and criminal law. It’s important to have the most up-to-date information to do good research and be confident in court. Research is really important for lawyers! This information is from a lawyer who specializes in appeals and litigation support.
Source: https://www.floridabar.org/the-florida-bar-journal/guerilla-research/
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