ADVANCED LEGAL RESEARCHPROFESSOR LISA SMITH-BUTLER

FALL 2014

Legal Research Review

How Do You Acquire Your Information?

Newspapers, iPads, Kindles, MACs, Radio, Television, Books, Magazines, Movies, Documentaries?

How do you keep from being overwhelmed by information?

How Do You Start a Research Project?

Do you wander down a library’s aisles, looking for the right book to fall off the shelf into your hands?

Do you Google it and get 50,000+ results?

Research Skills: Are They Relevant or Necessary?

Algorithms perfect searches, making true research skills and understanding irrelevant?

ORResearch is an essential skill set needed for a

new attorney and valued by an employer?

Rebooting Legal Education

The 2007 book, Educating Lawyers, is popularly known as the Carnegie Report. In it, the authors criticized the lack of practical training provided by law schools.

The response to this was to Reboot Legal Education, the title of a 2010 CALI conference.

Firm law librarian, Steven A. Lastres, at Debevoise & Plimpton, followed up in 2012 with an article, Rebooting Legal Research in a Digital Age.

Educating Tomorrow’s Lawyers

Futurist and UK lawyer Richard Susskind has been writing about the impending changes in the legal profession since 1996.

Initially, he was thought to be a freak and was treated as a pariah. Since that time, his ideas and theories have come into their own. He is now a frequently sought out and highly paid speaker.

His recent book, Tomorrow’s Lawyers, examines the disruptive technology of algorithms and legal research.

Is Research an Essential Skill for an Attorney?

Despite algorithms, new systems, and an overwhelming amount of information, both Canadians and Americans agree: legal research is an essential skill for attorneys.

Algorithms and new digital research systems are a disruptive technology.

Despite their disruption, they don’t end the need for legal research skills.

Cost of Legal Information

How do you determine the cost?How do you bill it back to clients?Should you instead factor it into your

overhead?

Format of Legal Information: Irrelevant or Important?

Paper or print: does it matter?Yes & No.Information is organized by the three

branches of government: Executive, Legislative & Judicial.

Evaluating A Research Resource

What factors should I consider? Author Publisher Currency Accuracy Objectivity

Approaching a Research Query

What happened between the two parties, i.e. the facts?

What is the issue between the two parties that cannot be resolved by the parties?

What research terms should I use?Where will I look for the information?

Primary Sources Secondary Sources Non Legal Sources

Did I find anything when I updated the information?

Research Strategies Worksheet

Charleston School of Law, Sol Blatt Jr. Law Library

Client & Client Case Number: _______________________

Supervising Attorney: _______________________

Date Project Due: _______________________

Cost Constraints: __________ Time Constraints: _______

Westlaw/Lexis/LoisLaw/Casemaker/Fastcase Permitted:_______________________________

End Product: ( ) Opinion Letter ( ) Memo ( ) Brief ( ) Other

Background facts:

Issues to be researched:

Research terms to be used:

Type of information required:

Federal or state or a combination

Cases, statutes or regulations or a combination

Secondary Sources

Non-legal Sources

Primary sources utilized:

Secondary sources utilized:

Updated via:

Prepared by Lisa Smith-Butler, Updated 7/11/13

Legal Research Resources: Print

Cases National Reporter System Digests American Law Reports

Statutes USC/USCA/USCS Statutes at Large/USCCAN State Codes Session Laws

Regulations Federal Register Code of Federal Regulations State Regulations

CALI (Computer Assisted Legal Research)

Fee based computer assisted legal research resources include: Bloomberg Law Casemaker Fastcase Lexis Advance LoisLaw WestlawNext VersusLaw

Reputable Free Internet Sites

FEDERAL Legislative

US Constitution @ FDsys or Legal Information Institute FDsys @ http://www.gpo.gov/fdsys/ Cornell’s Legal Information Institute @ http://www.law.cornell.edu/

Pending Federal Bills Congress @ http://congress.gov or

Federal Laws Enacted During a Legislative Session (Statutes at Large) @ FDsys @ http://www.gpo.gov/fdsys/

Federal Laws Currently in Force (United States Code/USC) @ FDsys @ http://www.gpo.gov/fdsys/ Cornell’s Legal Information Institute @ http://www.law.cornell.edu/

US Treaties (Current) @ United States Department of State Treaty Affairs/United States Department of State @

http://www.state.gov/s/l/treaty/

Reputable Free Internet Sites

Federal Executive

Presidential Actions Daily Compilation of Presidential Documents @ FDsys FDsys @ http://www.gpo.gov/fdsys/

Executive Orders & Proclamations @ Whitehouse.gov, Federal Register, or Title 3 of the Code of Federal Regulations

Whitehouse @ http://www.whitehouse.gov/ Federal Register & Code of Federal Regulations @ Fdsys @ http://www.gpo.gov/fdsys/

Federal Agencies Portal to US Government @ http://www.usa.gov/ Acting like a Legislature when promulgating agency rules

• Proposed Rules, Final Rules, Meeting Notices & Executive Orders @ Federal Register• Subject Arrangement of Final Agency Rules Currently in Force @ Code of Federal Regulations (C.F.R.)

Federal Register and Code of Federal Regulations available on FDsys @ http://www.gpo.gov/fdsys/ .

Acting like a Court when issuing agency decisions• Administrative Decisions by Subject @ University of Virginia Government Information Resource @

http://guides.lib.virginia.edu/administrative_decisions

Reputable Free Internet Sites

Federal Judicial

Decisions of the United States Supreme Court Supreme Court’s Official Site – decisions from 1991 – present @

http://www.supremecourtus.gov/ Justia’s US Supreme Court Center – decisions from 1759 – present @

http://law.justia.com/ Findlaw’s Supreme Court Center (Links to Docket Sheets, Briefs & Opinions) @

http://www.findlaw.com/ Oyez (Listen to oral arguments of the U.S. Supreme Court) @ http://www.oyez.org/

Decisions of the U.S. Circuit Courts of Appeal & Map U.S. Courts @ http://www.uscourts.gov/

Decisions of U.S. District Courts @ Cornell’s Legal Information Institute @ http://www.law.cornell.edu/ Findlaw @ http://www.findlaw.com/ Google Scholar @ http://scholar.google.com/

Reputable Free Internet Sites

State Information Access to official links for cases, statutes, and

regulations of all 50 states Findlaw State Resources @

http://www.findlaw.com/11stategov/index.html National Conference of Commissioners on Uniform

State Laws @ http://www.uniformlaws.org/ State & Local Government on the Web @

http://www.statelocalgov.net/ Washlaw State Resources @ http://www.washlaw.edu/

Reputable Free Internet Sites

South Carolina State Government Portal to South Carolina Government @

http://sc.gov/Pages/default.aspx South Carolina Bar Admissions @

http://www.judicial.state.sc.us/bar/ South Carolina Bar Association @ http://www.scbar.org/ South Carolina Governor’s Office @

http://governor.sc.gov/Pages/default.aspx South Carolina Judicial Department @

http://www.judicial.state.sc.us/ (Includes access to South Carolina Supreme Court, Court of Appeals & trial courts)

South Carolina Legislature Online @ http://www.scstatehouse.gov/ (Includes access to Code, Constitution, Session Laws, Pending Bills & Regulations)

Reputable Free Internet Sites

Charleston Charleston County Bar @

http://www.charlestonbar.org/ Charleston County Code of Ordinances @

http://www.municode.com/ Charleston County Government @

http://www.charlestoncounty.org/ Charleston School of Law Sol Blatt Jr. Law

Library Internet Portal @ http://www.charlestonlaw.edu/Library/Library-Resources/Free-Internet-Legal-Resources-Portal.aspx

Reputable Free Internet Sites

Specialized Legal Research Sites Blawg Directory @ http://www.blawg.com/ (Subject arrangement of available law web logs) Casemaker @ http://www.casemakerx.com/ European Union @ http://europa.eu/index_en.htm Federal Reserve Board @ http://www.federalreserve.gov/ GlobaLex @ http://www.nyulawglobal.org/globalex/ (How to research International Law) Hoovers @ http://www.hoovers.com/ Internal Revenue Service @ http://www.irs.gov/ Introduction to Basic Legal Citation (Cornell/Peter Martin) @

http://www.law.cornell.edu/citation/ Justia @ http://www.justia.com/ Law Librarians Resource Exchange @ http://www.llrx.com/ Law Library of Congress Guide to Law Online @ http://www.loc.gov/law/help/guide.php Office of the Comptroller of the Currency @ http://www.occ.treas.gov/ Pipl @ http://www.pipl.com/ SEC Filings @ http://www.sec.gov/ Social Science Research Network @ http://www.ssrn.com/ South Carolina Secretary of State @ http://www.scsos.com/ United Nations @ http://www.un.org/en/ World Law at Legal Information Institute @ http://www.law.cornell.edu/world/

What Will We Learn?

How to: understand American primary sources of law, be able

to identify these sources and locate them in print and electronic formats;

understand specialized subject sources of law, be able to identify these special sources and locate them in print and electronic formats; and

understand how to cost effectively approach a legal research problem, using a combination of print and electronic resources as well as planning a research strategy.

The End!