how to write a legal research plan

Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

• Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

• Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

• Read anything you have been given
• Analyze the facts and frame the legal issues
• Assess what you know and need to learn
• Note the jurisdiction and any primary law you have been given
• Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

• Search Date
• Topics/Keywords/Search Strategy
• Citation to Relevant Source Found
• Save Locations
• Follow Up Needed

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Aug 9, 2024 408 views this year
• Zotero by Daniel Becker Last Updated Aug 30, 2024 27681 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

• Scope/Breadth
• Depth of Treatment
• Currentness/Reliability

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Apr 12, 2024 6646 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

• Black's Law Dictionary
• Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Here are the two major national encyclopedias:

• American Jurisprudence (AmJur) (Westlaw)
• American Jurisprudence (Lexis)
• Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Apr 12, 2024 6232 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

This resource is available in both Westlaw and Lexis:

• American Law Reports on Westlaw (includes index)
• American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

• Law Journal Library on HeinOnline
• Law Reviews & Journals on LexisNexis
• Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

• a concisely stated rule of law,
• comments to clarify the rule,
• hypothetical examples,
• explanation of purpose, and
• exceptions to the rule  

To access restatements visit:

• American Law Institute Library on HeinOnline
• Restatements & Principles of the Law on LexisNexis
• Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

• Statutes: US and State Codes by Mindy Kent Last Updated Apr 12, 2024 4982 views this year
• 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

• Legislative History Get an introduction to legislative histories in less than 5 minutes.
• Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Apr 12, 2024 835 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

• Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
• Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

• Topic Navigator (Lexis)
• Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

• in Lexis click "More Like This Headnote"
• in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

Additional Shepard's Resources

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• Shepard's Signal Indicators & Analysis Phrases
• Shepard's Citation Services User Guide
• Lexis+ Support and Training Additional online videos and handouts for Lexis+.

Additional KeyCite Resources

• How to Ensure I'm Citing Good Law (Westlaw Video)
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary
• Understanding Next Generation KeyCite
• How to Check the Status of a Case with KeyCite
• Westlaw Precision Support Additional videos and handouts to support your Westlaw research.

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

• Parallel citations
• Prior and subsequent history
• Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

• Later cases on the same point of law
• Positive treatment, explaining or expanding the law.
• Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

• Secondary sources that discuss your case or statute.
• Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

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• Last Updated: Aug 27, 2024 5:19 PM
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Legal Research Basics: A Step-By-Step Guide to Brushing Up on Your Skills

Legal research is imperative to the practice of law. Depending on where you are in your legal career, there could be multiple reasons to brush up on the basics of legal research. You could be a: 

• Law student or recent graduate preparing for your career 
• Seasoned attorney aiming to brush up on the basics amidst ever-evolving legal research technology 
• Growing law firm preparing to train new attorneys or paralegals 

Regardless of which of these categories you align with most, reviewing the basics of legal research should become regular practice. After all, the importance of legal research cannot be overstated – pinpointing the best facts and knowledge for your case can make the difference between winning and losing.  

Use this article to review the basics and set yourself (and your firm) up for success. First, we’ll define legal research and its components. Then, we’ll walk you through a step-by-step process for conducting superior legal research. Finally, we’ll close with recommendations for tools that can help you become both an accurate and efficient legal researcher – which ultimately equips you with a reputation for success in the courtroom.  

What is Legal Research?

Legal research is defined as the process of identifying and retrieving information necessary to support legal decision-making. There are multiple reasons you might conduct legal research: 

• To find “good” case law that backs up your motion or brief  
• To provide legal counsel to clients  
• To provide a memo or brief for class (law students only)  
• To identify case law that refutes an opposing argument 
• To support the over-arching narrative of your case 

What is the Importance of Legal Research?

Legal research provides support for decision-making on complex issues, by providing specific facts and legal precedent that allow you to produce complete answers for clients. Quality legal research is critical to the practice of law.

Historically, attorneys combed through books and libraries for the perfect facts, cases, and issues; now, technology has largely replaced this process. While the prominence of ever-evolving technology has made the process more efficient (and, in many ways, easier), the sheer number of products and options available can be overwhelming.  

The Legal Research Process

Understanding that the legal research process can be overwhelming and time-consuming, we’ve broken the legal research process down into three key steps: 

• Understand the facts of your case 
• Gather sources of law 
• Check your citations for “good” law 

Each of these steps is detailed below, alongside a quick-view checklist.  

Step 1: Record the Facts of Your Case and Create a Research Plan  

Handling a legal task with authority requires confidence in the process. This is true in any practice, jurisdictional setting, or level of legal expertise. A good process should start by taking time to identify and understand the facts of your case. Ask yourself the following questions: 

• What is the legal issue at hand?  
• What are the details of the case?  
• What jurisdiction is most relevant?  
• Do you need state or federal case law? 

Record your facts in a case management tool before beginning – this can help you develop a course of action and narrow down where to start your research. While it may be tempting to skip this step, a commitment to this process saves you time in the long run by helping you efficiently juggle multiple clients. Not to mention, you will likely need what you’ve recorded to file a motion or brief. 

With the facts of the case recorded, you can begin your research. Because this will help you develop a plan for gathering your sources, we will briefly discuss creating a research plan before moving on to Step 2.  

Did you know? LexisNexis boasts a collection of state case law superior to its leading competitors. Easily filter by jurisdiction before or after your search.  

Creating a Research Plan  

Review the facts you recorded to determine what information you will need to build your case. When legal research first moved online, many attorneys felt the need to start with a free service like Google to identify terms of art before conducting a search in a legal research platform. However, this is no longer necessary. Research platforms like Lexis+ allow you to start your search with a natural language search or question and equip you to quickly comb both primary and secondary sources. Litigators, specifically, can use Fact and Issue Finder – integrated directly with Lexis+ – to help quickly identify the best terms of art for their search.  

Creating your research plan is less about planning where you will search and more about planning what you will search. You know your research can be conducted on one, fully integrated platform. So, what questions will you ask to get started? What legal issues do you need more information about? What filters will you need (jurisdiction, time period, etc.)?  

Once you know what you will search for, you are ready to gather sources.  

Step 2: Gather Sources of Law  

The next step in your process is to gather relevant sources of law. Below, we detail the difference between primary law and secondary law. Importantly, when gathering sources, start with secondary law materials. This helps ensure you are up-to-speed on what experts have to say about a topic before you begin your case law search. Why does this matter? Think about it as building your knowledge base before crafting an argument – you’ll be less likely to make mistakes and more inclined to spot case-winning primary law.  

What are Secondary Sources of Law?  

Secondary legal sources are materials that describe or interpret the law. They are educational resources that provide analysis of the law. These documents are cited by attorneys to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow. Start with secondary sources to learn from legal experts that have already explored a given topic.  

Secondary sources may include: 

• Practice guides 
• Legal treatises 
• Law review articles 
• Scholarly journals 
• Legal news 
• Jury instructions 
• Legal dictionaries and encyclopedias 

What are Primary Sources of Law?  

A primary legal source is a formal document officially issued by the government that establishes the law on a particular matter, such as a case decision or legislative act. Primary sources are the law. This is the most authoritative step in the legal research process. You can support arguments with primary sources as they are not only authoritative, but precedential and controlling.  

Your primary sources may include: 

• Case law (federal and/or state) 
• Orders 
• Decisions 
• Statutes and regulations 
• Constitutions  
• Treatises 

Step 3: Check to See If You’re Using Good Law   

The final step in your research process should include a final check to ensure you have used “good” law – this means you are using case law that has been treated positively in court (as opposed to case law that has been overturned or brought into question). 

Check your case citations as you collect them, especially since legal research software can allow a quick view of how your case has been treated in court directly from your search results. However, it is best practice to review your citations once your research process is complete to check for any gaps, changes, or oversights.  

Read more about using good law and the process of " Shepardizing ."

Conduct Winning Legal Research  

Following this three-step process ensures you’re taking the right measures to find the most accurate, relevant and valuable data to achieve your objectives. Now that you’re ready to conduct winning legal research, take some time to review products and tools that can help you in your path to success.  

Getting Started with Legal Research Tools   

Legal research is key to drafting effective documents and building winning cases. Legal research solutions have evolved substantially – helping you conduct legal research with increased efficiency and accuracy . Below is a list of legal research tools to help you build a winning case:  

• Lexis +:  This is the premier LexisNexis fully integrated legal research platform. Features such as Shepard's At Risk ensures you’re citing only the most authoritative sources, with unprecedented visibility into whether a case is at risk of being overruled or undermined. Other Lexis+ features include, but aren’t limited to: 
• Brief Analysis: Get a clear picture of the contents of your legal brief to identify any missteps and bolster your arguments against opposing counsel. Simply upload and file and quickly evaluate the legal authority cited in your (or an opposing) brief in granular detail and receive recommendations for additional searches.  
• Litigation Analytics: Get the most accurate insights into judges, courts, attorneys, and law firms to ensure your success in litigation. Understand critical insights regarding caseloads, experience across case types, timing to key milestones, and damages by comparing federal districts and judges. 
• Shepard's ® Citations Service:  See if a case has been overturned, reaffirmed, questioned, or cited by later cases, or is at risk of negative treatment. Your research needs to provide precedential value. Using reversed or overruled authority doesn't qualify as "Good Law" and your research may be ineffectual or harmful to your case.  
• Practical Guidance: View professional insights on 20 different practice areas. Accomplish any task with practice notes, annotated templates, and checklists.  
• Legal News Hub: Receive up-to-the-minute, award-winning journalism and legal news from Law360 and Law360 Pulse anytime you need it — without having to leave the Lexis+ ecosystem. Stay current on critical developments across legal practice areas, with over 70 coverage areas spanning the practice and business of law. 

LexisNexis is here to support your firm in winning your next case. With Lexis+, all of your legal research needs are integrated into one platform as a true start-to-finish solution. Ready to learn more? Take a guided tour of Lexis+ today. 

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How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

Related insights

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Basic Legal Research Guide: Research Strategy

• Getting Started
• Dictionaries
• Encyclopedias
• Law Reviews
• Restatements
• Statutes and Codes
• Administrative Law
• Illinois Resources
• Research Strategy

Research Strategy for 1L Research Memo

• Research Memo Strategies Presentation - Fall 2023

This short Powerpoint presentation outlines some of the techniques and strategies that might be helpful for your Research Memo.

• The Process of Legal Research

It may be helpful to see a visual display of the research process. Attached is a general flowchart for the legal research process. This file was originally created by Sarah Glassmeyer at CALI (The Center for Computer-Assisted Legal Instruction) . 

Sloan - Basic Legal Research: Tools and Strategies, 6th ed.

On pages 304-307 of Amy Sloan's  Basic Legal Research textbook, you will find sample legal research flowcharts that show the thought process for handling certain types of research questions.

Approaching Your First Research Assignment: Introduction

The purpose of this page is to outline a basic strategy for approaching your first open-research assignment. It is most likely that this assignment will be your trial brief in the second semester of Legal Writing. The steps outlined here are intended to assist you in that endeavor. If, by chance, you are reading this page and looking for information on how to approach your first research assignment for work as a clerk or an extern, you will find the approach outlined here to be fundamentally the same because the process of legal research, regardless of the setting, will bear similar characteristics. If you are looking for more in-depth information on applying this process to assignments in the workplace, see the Summer Associate Research Guide .

In many respects, following a “legal research plan” is much like briefing cases; there are certain steps that ought to be followed and certain landmarks to look for along the way. Once you become familiar with briefing cases, you no longer need to work through the process every time you read a case, as that process occurs in the background. So it is with legal research. Working through the steps outlined below might seem tedious at first, but they will become commonplace. In the future, even though you may not work through the steps individually, you can be more confident that your research is complete, thorough, and accurate. Since you've worked through the process a number of times, you’re following the steps whether you recognize them or not. Here are the steps :

• Step 1: Preliminary Analysis
• Step 2: Formulate a Research Strategy
• Step 3: Record Your Actions, Sources, and Results
• Step 4: When Do I Stop Researching?
• Step 5: Update Your Research
• Step 6: Begin Writing Your Brief 
• Step 7: Keep Calm and Carry On

Step One: Preliminary Analysis

Before you can begin researching, it is important to spend some time analyzing the materials that you’ve been given, looking for clues to assist you in researching the question that you have been asked to answer. You need to have a plan . Very often research goes wrong because the researcher attempts to begin researching without being able to answer some very fundamental questions about the topic. Librarians call this the “shot in the dark” approach. It cannot be emphasized enough (especially with your first research projects) that you take the time to answer the following questions and extract as much information as possible, before you begin researching . Part of the reason for this is that the answers to some of these questions will guide your research process in terms of locating and studying sources.

Before you attempt to answer a legal question, you must understand it. In order to understand the question, you have to review the preliminary materials that you have been given as a starting point. It is crucially important that you read everything that you’ve been given carefully, and ask yourself the following questions:

• What is the legal issue? Sometimes the legal question at hand may be ascertained easily from preliminary materials. For example, you may be given documents that comprise an initial case file and be asked (based on the facts) whether a potential client has a cause of action for intentional infliction of emotional distress (IIED) against a co-worker. Other times, it will be less obvious. Part of your research process may involve "learning” enough about an unfamiliar subject area to determine exactly what the proper legal question is. Legal research can sometimes be frustrating because it is a recursive process. In other words, sometimes you need to conduct a significant amount of research just to determine what the question is that you are trying to answer. Only then can you do additional research--often using the same sources--to determine what the answer to the question is.
• Who are the parties involved ? When asking yourself these questions, think in terms of potential legal relationships and not necessarily labels. For example, when considering whether an employee has a potential cause of action against a co-worker, it may be important that the co-worker is the employee's supervisor. The supervisor–employee relationship might indicate that one person or party can exercise authority or control authority over another person or party.
• What is the thing in controversy ? Is there a contract involved? Is a piece of property at issue? The answer to this question may be helpful because it often leads the researcher to specific legal subject areas. Knowing that a question is a matter of tort law or contract law reduces the universe of possible resources to consult and may lead directly to certain sources like a treatise on torts as a starting point.
• What type of relief is being sought? In other words, what are the possible bases of action or defenses? Is a party seeking monetary damages for an injunction? Again, knowing the answer to this question (if ascertainable at this point) may lead the researcher to a specific legal topic, such as what standard needs to be met in order to be granted an injunction given a particular set of facts
• What jurisdiction governs the legal question at hand ? Again, at this point, it may be difficult to answer this question. Some legal topics are governed primarily by federal law (e.g., environmental, immigration, copyright) and some by state law (e.g., contracts, torts, criminal law). When you’re done with law school, you will be in a much better position to answer this question initially. If you did know the answer with some certainty, again this would restrict your universe of possible sources. If you knew, for example, that the question was governed by Illinois law, you could eliminate the federal law and forty-nine other states as potential research sources, or at least as primary authority. Doing so will allow you to focus your research much more narrowly and save a great amount of valuable research time.
• When did the events take place ? The answer to this question helps to determine whether you are researching current law or historical.
• Are there any starting points embedded in the preliminary materials ? For example, you may be pointed to a particular statute as a starting point. Or, you may have been given the name of the seminal case. If, for example, you knew that the answer involved a particular federal statute, you might begin by reading that statute and looking at annotations in an annotated federal code like U.S.C.A . or U.S.C.S .
• Is there any language that you don’t understand? If you need to look up terminology in a legal dictionary, by all means do so, and do so before you continue on. There’s no prize for assuming you know what a term means or how it is being used. If you make an assumption, and it turns out that you're wrong, you will need to start your research over again. That is a tremendously inefficient way to proceed.

Step Two: Formulate a Research Strategy

At the conclusion of the Preliminary Analysis stage of the research plan, a researcher ought to have a basic understanding of the legal question and a list of search terms based on the questions above. The researcher might also know the jurisdiction to be searched, as well as whether it is current or historical information that is sought. A researcher's level of confidence will next guide the research strategy by indicating what resources should be searched, and in what order.  So, the first question is this:

Can you state your legal issue in a sentence?

• If you are not confident that you can state your answer in a sentence, don't be dismayed. This is perfectly natural. But, before you start looking for answers when you don’t understand the question, it’s time to take a step back. You can’t find a needle in a haystack if you can’t identify the haystack you need. This is where most beginning researchers go wrong. Don’t go jumping into a rolling sea of contradictory opinions without the proper context for understanding the information that your research has gleaned. You'll just waste precious time.
• If you can’t state your legal issue in a sentence at this point--in other words, if you are not confident that you have or understand all the terms of art, what the governing jurisdiction is, or what the governing law is--it's best to begin by trying to ascertain a very broad overview of your subject area. This is the Google Maps equivalent of changing your focus so you see a broader area in less detail. One way to "learn" about unfamiliar legal topics (like IIED, employment discrimination, or injunctions) is to begin with basic secondary sources like national or state encyclopedias or hornbooks. Students are often loath to take this intermediary step because it’s not the fastest way to get research done. One important point to keep in mind here is that often preliminary research involves looking for starting points rather than necessarily looking for answers. A basic secondary source will identify the answers to some of the questions asked above: Is IIED a question of state or federal law? Is it primarily governed by statutes? Case law? Or both? Are there particular statutes or cases in the area that you must be aware of in order to answer the question asked? Are there important terms of art that you need to know to execute an effective online search?.
• After you review one or more basic secondary sources, you should at some point feel confident that you can state your legal issue in a sentence. When that happens, keep reading below.
• if you have done a thorough job with your preliminary analysis, you may at this point be able to state your legal issue in a sentence. This is an extremely important point, because if you can state your issue in a sentence, it may be possible for you to begin searching for answers or pieces of an answer using a natural language or terms and connectors search. That technique, however, is not recommended if you are exploring an unfamiliar area of law.
• Before you begin researching, take stock of what resources you have at your disposal. Don’t just go looking for cases. If you know that your question involves a state or federal statute, or section of code, retrieve that statute or section from an annotated code . Then, read it, and look at the annotations, especially references to secondary sources like law review articles or treatises that discuss and dissect the entire statute or section.
• Likewise, now would be a good time to look for more advanced secondary sources covering your topic like treatises or law review articles. If you are not familiar with the treatises in the particular subject area, don’t be afraid to ask your friendly reference librarian for input. Doing so may save a lot of time in the long run. Another trick is to look at the practice pages on Lexis ,  Westlaw , and Bloomberg  to see what major works or treatises are available through these resources.
• Finally, remember that legal research is a recursive process. As you read more and learn more, you may have to adjust your question. Again, this is perfectly natural. However, it leads to the next important point about executing a research plan.

Step Three: Record your Actions, Sources, and Results

Executing a well-thought-out legal research plan is a lot like briefing cases. It’s drudgery at first, but it becomes a natural process after you’ve done it a few times. Those who don’t do it become stuck using the same poor technique or series of sources with no understanding of whether that technique will work or not. When all you have is a hammer, every problem becomes a nail. The best lawyers still brief cases. Very good lawyers brief cases mentally--whether they know it or not. Good researchers record their actions in some manner, shape, or form. Once you become familiar with a particular area of law and its related research resources, your research process will become intuitive. Your search history and Lexis , Westlaw , and Bloomberg can aid greatly with this part, but not every source is available through those three commercial services. So, it’s important to have a log separate from the database research histories, even though there will be some overlap.

For now, here are six good reasons why you ought keep a "research log" for your first few assignments, followed by an example of what one might look like:

• It’s helpful to have a a written, recorded research log to keep track of sources consulted because, if your question changes slightly as you learn more about your legal topic, you will have a record of what has and hasn't been searched, what terms or techniques were used, and what the results were so you do not re-create the wheel and waste your own time.
• Keeping a research log will give you some assurance that you haven’t missed anything. You can compare your list of potential sources like treatises, law reviews, annotated codes, case databases etc. against what you’ve actually researched. This will give you confidence that there isn’t more information lurking out there somewhere that you ought to have found.
• If you need to consult with a partner, professor, or a librarian about your research, it would be most helpful to have a written record of what your searches have been and where you have looked. From looking at the record, an expert will be able to determine whether there are sources that you should have searched, or whether your search terms need modifying, 
• In the real world, whether you are clerking, have an externship, or you are a summer or young associate, if the answer turns out to be "I cannot find an answer," you will need to prove that result is justified. The best way to do that is by presenting the assigning attorney with your research log based on your research strategy and searching.
• If you have to set aside your research project for any length of time, a research log will help you by identifying where you have been and what you have learned. Again, don’t re-create the wheel. If every time you sit in front of a computer you start fresh, you’re going to waste a lot of precious time, and you will have no confidence that you found everything that there is to find because you have no list or record.
• Finally, as you are researching, you will probably identify sources that seem interesting, or possibly helpful, but that may be outside the scope or focus of your current research. Write those down, and keep them somewhere--perhaps in a separate folder labelled "maybe." Never look serendipity in the mouth. Often times skillful researchers end up finding very good resources or bits of information in places they never thought they’d be. Don’t lose the opportunity to take advantage of this information simply because you failed to record its existence when you had the opportunity.

What a sample research log might look like:

Derived from Robert M. Linz, Research Analysis and Planning: The Undervalued Skill in Legal Research Instruction , Legal Reference Services Quarterly, 34:1, 60–99 (2015).

You can also use PowerNotes (available from the Law Library's A-Z Databases Page ) to create a research log. This short video demonstrates how to export your research from PowerNotes into an Excel spreadsheet.

Step Four: When do I Stop Researching?

How do I know when to stop? In the real world, the answer to this question often depends on budgets and time restrictions (for more on this, see the Summer Associate Research Guide ). For purposes of your first research assignment, however, the simple answer is that you stop when you keep seeing the same information, and new information that you come across is not any more helpful than what you already have. Generally speaking, you will keep coming across the same statute or section of code, the same cases interpreting that statute or section, and the same law review articles or treatise sections that discuss the primary law. Once you have this set of information—information that has been recorded in your research log—you can begin attempting to answer the question asked.  As you begin writing, however, you may uncover loose ends that need to be further investigated. So, in a sense, your research is never really done.

Step Five: Update Your Research

No matter what your research turns up, it’s important to update all of your sources using the citators available online: Lexis (Shepard’s), Westlaw (KeyCite) and Bloomberg (BCite).

• You must always make sure that authorities that you are citing are current and reliable; i.e., have not been overruled, superseded, or subsequently distinguished out of existence.
• Beyond that, if you are working on a brief as part of litigation, you can be assured that the opposing party will read your brief, read all your sources, and find any way to discredit or weaken the authority that you are relying on. If you cannot account for these, you run the risk of having your position undermined.
• Finally, remember that a good researcher uses a citator, both to ensure the validity of authority, and to locate additional related authority.

Step Six: Begin Writing Your Memo or Brief

This step is misplaced because, for a number of reasons, you should begin writing well in advance of finishing your research. First, no matter how much research you have done, if you wait until the last minute to start writing, your written product will suffer. Second, the process of writing helps with your analysis. In other words, your brain won't let you write something that doesn’t make any sense. If you’re about to write something that doesn’t make any sense, it’s time to look back at the information that you’ve gleaned. If you wait too long to allow this natural process to occur, you lose the opportunity to fully explore the inconsistencies that your writing uncovers. Also, writing may uncover holes in your research that need to be filled. You need to allow for that possibility as well.

Step Seven: Keep Calm and Carry On

The surest way to be confident that your research is current and complete is to try several different approaches to the same problem. For example, to locate cases, you might employ a terms and connectors search, follow headnotes that are common among identified cases, and use a citator to locate additional authorities. If you were still considering more complex legal or policy issues, you might consult law review articles or a treatise. Each of these sources serves a slightly different purpose and will yield slightly different results. It's the sum of all these parts—and the realization that no matter where you look, you keep coming across the same information—that allow you to conclude that you have found all relevant materials, and you know exactly what to do with them.

Subject Guide

Helpful Free Online Legal Research Resources

Includes federal and state government Web sites, university Web sites, and organizational Web sites.

• Loyola University Chicago Law Library
• Loyola University Chicago Law Library - Research Guides Subject guides to print and online resources available to Law Library users.
• Loyola University Libraries Access to the Main Campus Library's database list, electronic journals search box, subject guides, and more.
• Loyola's Online Catalog Includes holdings of both print and online resources.
• Illinois General Assembly Illinois legislation, legislative history, and administrative law.
• Congress.gov The newly redesigned legislative information Web site of the Library of Congress provides access to Congressional bills, Public Laws, and legislative history documents.
• USA.gov The U.S. Government's official Web portal includes an A-Z listing of administrative agencies.
• GovInfo This Web site from the U.S. Government Publishing Office (GPO) includes links to official government publications such as the CFR, Federal Register, and the U.S. Code.
• United States Courts Provides links to the Web sites of all federal courts, including the U.S. Supreme Court.
• Circuit Court of Cook County General information, court calendars, and circuit court rules.
• Cook County Clerk of the Circuit Court Includes downloadable PDF court forms.
• Fastcase Legal Research via State and Local Bar Associations A listing of state and local bar associations that provide free access to Fastcase as a benefit of association membership.
• Illinois Secretary of State Portal to Secretary of State services and forms (including corporate forms) and the Illinois Register (chronological Illinois administrative law publication).
• Cornell University's Legal Information Institute Links to federal and state legal information, including the U.S. Code, as well as Wex, the collaboratively-created online legal encyclopedia/dictionary.
• FindLaw Links to various state and federal legal information resources and legal forms.
• Law Library Resource Exchange Articles on legal technology topics.
• << Previous: Illinois Resources
• Last Updated: Aug 30, 2024 1:28 PM
• URL: https://lawlibguides.luc.edu/firstyearlegalresearch

Legal Methods

• Getting Started
• Introduction to Legal Research
• Secondary Sources
• Case Law Research
• Research with Citators
• Statutory Research
• Federal Legislative History
• Federal Administrative Law Research
• Electronic Legal Research
• Developing a Research Plan
• Tip - Subject Matter Service Research
• Legal Research and Writing Titles on West Academic Digital Library
• Legal Research and Writing Titles on LexisNexis Digital Library
• Legal Research and Writing Titles on Aspen Learning Digital Library

Can't Find Anything?

• Make sure you understand the problem.  Did you note all the factual information you need and do you understand the assignment correctly?
• Rethink your search terms.  Have you expanded the breadth and depth of your search terms?  Think of other ways to approach the problem and the applicable legal theories.
• Go back to secondary sources.  The material on the topic might be scattered through many digest topics or statutory sections so that it is difficult to locate without secondary sources that compile the relevant information.   Are you looking for the wrong type of authority?  Is it a case of first impression?

What To Do If You Find an Overwhelming Amount of Material

• Make sure you understand the problem.
• Rethink search terms to narrow your approach. If you did word search, try subject search to focus on relevant authority.
• Consult secondary sources.  They will identify key authorities and limit the scope of the information.
• If you've located only secondary authority or primary persuasive authority, you might want to refocus on primary mandatory authority from the controlling jurisdiction. 
• Narrow the legal theories you are considering.

Creating a Research Plan

Creating a research plan requires three steps:

Obtaining preliminary information about the problem

• How much time do I have for the assignment?
• What final work product should I produce?  A memorandum, pleading, brief, or informal report?
• Are there any limits on the research materials I am permitted to use?  Use only authorized research tools.
• Which jurisdiction's law applies?  Federal or state?
• Should I research persuasive authority?  Understanding the scope of the assignment will help you focus your efforts.
• Do you know any of the sources that are good for researching in this area of law?  Include looseleaf or other subject-matter services.
• What background on the law or terms should I know as I begin my research?
• Should I consult any written materials or individuals before beginning my research?  Reviewing briefs or memoranda on the same or similar issue or consulting the "resident expert" can help your research efforts.

Writing out a plan

• Develop an initial issue statement and generate search terms -- a preliminary assessment of the problem that helps define the scope of your research. 
• Identifying research sources -- Determine which research sources are likely to have relevant information.  Decide which of the three categories of authority (mandatory primary authority, persuasive primary authority, and secondary authority), and then within each category which specific authorities, you should consult.  Begin with what you know, identify what you do not know, and determine the best way to fill in the blanks.  At a minimum, map out your search for primary mandatory authority.
• Print vs Electronic sources -- Some sources can be accessed more easily in one format or the other. 

Working effectively

• Keeping track: effective notetaking -- know where you have looked and where you need to look; needed for proper citations; demonstrate that you undertook comprehensive researchto try to resolve the issues.  Keep a list of the source or database, the citation (topic and key numbers), the method of locating the source, a summary of relevant information, and any updating information.
• Deciding when to stop -- you will know you have come full circle in your research when, after following a comprehensive research path through a variety of sources, the authorities you locate start to refer back to each other and the new sources you consult fail to reveal significant new information.

When to use Print Sources

• When you are searching material not available online -- such as treatises and hornbooks, or legal periodicals.
• When you need general information on a topic about which you are unfamiliar.
• When your search terms are general or the subject of your research involves broad concepts.
• When you are conducting statutory or regulatory research.
• When you need to read authorities located through other means.

When to use Electronic Sources

• When the material you need is not available in print.
• When you have unique search terms or are searching for proper names.
• When you need to update your research.
• << Previous: Electronic Legal Research
• Next: Tip - Subject Matter Service Research >>
• Last Updated: Aug 22, 2024 2:40 PM
• URL: https://libguides.law.widener.edu/legalmethodsbasiclegalresearch

• Lewis & Clark Law School
• Boley Law Library
• Legal Research Strategy

Legal Research Strategy: Start Here

• Step by Step Strategy
• Research Log FAQ

Developing a Legal Research Strategy

Constructing a research strategy is an important first step in the legal research process. If you have developed a successful research strategy in the past, you may only need to adapt it to legal research, incorporating those parts of this sample strategy that work for you. As you get more sophisticated and knowledgeable in a particular area, your strategy will evolve.

Take a look at our Step by Step Strategy and our Research Log FAQ for more information.

You may also find the Strategy Worksheet and Search Terms Worksheet helpful.

• Step by Step Legal Research Strategy Worksheet
• Search Terms Worksheet

Research Parameters

Before you begin research, take time to think about what you are being asked to do. Consider deadlines, time available, work product expected, as well as 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 the issues as needed.

Know Your Resources

Get in the habit of evaluating your sources as you go. Be aware of the scope, currency, authority and coverage of the resources. Ask your peers for recommendations, other lawyers may know of good starting points and reliable sources. Always ask your supervisor for hints on where to begin research.

Remember also that most primary law is duplicated in more than one source. Always consider alternatives in case the source you are seeking is unavailable.

Always Have a PLAN

The single most important aspect of successful legal research is the need for a PLAN. Before you begin, think about what you want to accomplish. Make yourself an outline describing what you know, and then make another outline describing how you will go about finding the information you do not know.

Know When to Ask for Help

If you get stuck, take a break, or move on to something else. If you find yourself moving in circles, ask someone for their opinion of your strategy. You will not always be able to find an answer. Much of lawyering concerns cases of first impression, so sometimes what you are looking for simply does not exist.

Keep Track of Citations

Construct a useful note taking system (spreadsheets can be useful). Take notes on your sources as you go along. Make sure you have all relevant citation information (full case and code citations, author, title, publisher, dates, library call numbers and web addresses) as you go along so you won't have to go back and check again for a cite you missed. Be aware of and write down all related terms and descriptors for your facts and issues as you proceed.

Research Help

We're here to help. Contact a research librarian for help with an assignment, project, or resource. 

Hours: Mon-Fri, 11am -4pm 503-768-6688 [email protected] Reference Hours

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Law 792-PP: Advanced Legal Research: Research Planning & Process

• Legal Research Tools
• Research Practices
• Case Law Review
• Legislative History
• Regulations
• Legal Encyclopedia
• Restatements, Uniform Laws & Model Acts
• Legal Periodicals
• American Law Reports
• Subscription Online Legal Resources
• Business & Tax Research
• Fact Investigation

UNIT 9 OVERVIEW

This page will provide you with an outline of legal research planning and process.

At the end of this lesson you should be able to:

• Understand the basic steps for tackling a legal research problem
• Break down a research problem into manageable components
• Articulate the value of legal research planning

So, How Do I Make a Plan?

If there is no right way then how does one make a legal research plan? Well, start with a self-assessment. You probably have a sense of what comes more naturaly to you, as well as where your strengths and weakness lie. Remember the best method is the one that helps you to stay on task, tracks where you have been, and guides you to the information you need. A basic research plan will break down your questions into specific research tasks, identify sources to use in your research, and begin to identify search terms.

• Checklist A legal research checklist is a list of steps and sources to be considered. The checklist format serves as a reminder of the considerations you should move through as you research. The checklist format also allows a researcher to easily assess what they have done so far--which is helpful so you do not waste time accidentally repeating your research. A checklist will, however, likely require a corollary log or some other method of note keeping.
• Legal Research Guided Template Some researchers prefer a more guided tool, especially as they are first learning. A guided template is helpful during the planning phase, but can be utilized throughout the research process. Users of a guided template should be careful, however, to maintain flexibility beyond the document. While a guided template is very useful, every research problem is different and researchers must be prepared to deviate as needed.
• Legal Research Log A legal research log is simply a record of where you have looked and what you have searched. Some researchers like to incorporate the legal research plan into their search log. After breaking the research problem apart, use the log to identify your first steps. Keep track of the results and reassess and reevaluate your path along the way.

Additional Resources

Legal Research in a Nutshell, pp. 22-28.

• Hazelton on the Process of Legal Research This article was written for legal practitioners in Washington state. This except provides a basic understanding types of legal materials and the research process.

Legal Research Process

You may have heard or read the phrase "legal research process" before. This phrase refers to the steps undertaken by a legal researcher in order to meet their research objective. While a singular phrase, legal research process, is often used to talk about research activities, there is no one process that is uniformly best every time for every problem. There are, however, certain steps every researcher should employ along the way. The order of these steps--or even the inclusion of a step--may vary depending on a variety of factors including how much you know before you start and the scope of the project.

For example, if you are an experienced personal injury attorney researching in an area of law you know well you may spend less time on the beginning steps than a novice researcher.

PLAN AND ORGANIZE YOUR RESEARCH

The first step for any researcher should be to plan out your path. This step, though often the most overlooked, is one of the most valuable. Spending just a little time on planning can be the key to efficient and effective research results.

• "Untangle" the problem:

Your research problem will often start as a cumbersome memo from a senior attorney or result from a mass of notes scribbled during a client interview. It is important to begin by reviewing what information you have and separating out the parts. Who are the players? What is the jurisdiction? Which details are superfluous? Which details are operative facts? And, most importantly, what is the issue (or issues) you need to research?

At this stage it is also important to make sure you understand the scope of what you are being asked to do, the desired work product (deliverable), and any relevant time or money limitations.

• Identify key knowledge gaps:

Once the research problem has been broken into parts and the key issues have been identified, a broader picture will emerge. At this stage a legal researcher must identify their own knowledge gaps. Take note of broad themes, key terms, and basic background areas you will need to explore.

• Draft an actual plan:

It is not enough to simply think about what you will do--you need to keep a written plan. Keeping a written plan will help you use your time efficiently. A research plan will identify where you need to go and what you need to gather, as well as keep track of where you have been. It is easy to forget a step when you do not have a guide to reference along the way. Look to the left-hand column of this page for more information about making a research plan.

• Keep notes :

As you move through the preliminary stage of your plan be sure to keep notes, and continue to take notes along the way. Some researchers like to keep a formal log. Others like to jot down comments on the sources they find. Using digital organization opportunities, such as the foldering system on WestlawNext or digital workspace platforms like Evernote, can be another way to keep track of and annotate your project. There is no right way to keep track of your research. It is important though that whatever method you use your notes are organized, detailed, and complete. It is likely you will need to refer back to them many times.

USE COMMENTARY TO DEFINE & UNDERSTAND ISSUES

When attacking a research problem, begin with building on what you already know about the problem and its area of law. Identify the gaps in your knowledge base and try to bridge them with background reading. Secondary sources can be a helpful review or a great starting place if you are unfamiliar with the subject.

Secondary authorities will help you flesh out the steps above and fill in any holes. Background reading should help you confirm the appropriate jurisdiction for your legal issue, whether state or federal law applies, and identify the types of authority involved (i.e. whether the issues are governed by case law, statutory law, administrative law or a combination.)

Secondary sources will also help you identify any “terms of art” specific to this area of law. These terms will help you refine your search queries. Additionally, secondary sources will often cite directly to governing statutes and regulations and cite to key case law. This makes them an ideal starting point for searching for primary law.

FIND RELEVANT LAW IN YOUR JURISDICTION (cases, statutes, regulations)

Secondary resources are the best place to start, but to answer your legal question you will need to find the relevant primary authority. There are two primary was to access legal materials:

• Using finding tools (intermediation)

Remember there are a whole host of tools which can assist you in your research. If you discovered a citation during your background reading you can use these tools to turn that citation into a jumping off point. Likewise, if your prior reading revealed a term of art important to your topic try using an index or the topic and key number system to get started.

• Searching and evaluating results

After working with the finding tools you may still need to conduct some traditional searching in one of the legal databases. Keep in mind the value of controlling your search results with boolean searching and search filters.

Look back on our prior lessons for a refresher on the best practices for finding legal authority.

RESTATE & REFINE

As your research progresses you will likely come across new terms, or even new issues. It is important to take time throughout the research process to assess what you have done so far. Did you miss anything after you became familiar with the area of law? Does your issue statement need to be refined? Do you have new sub-issues which you must address?

CONSIDER LAW OF OTHER JURISDICTIONS

If after your reassessment you are not finding enough primary authority to answer your question it may be time to consider law outside your jurisdiction. If you have not been tracking this all along, go back and rerun some of your searches with a broader scope in mind.

UPDATE & VERIFY

It is always important to make sure the law you are using is good law. It is considered professional incompetence to fail to accurately verify the status of a precedent.

You may have been checking this as you uncovered sources. If your research is being done in small time window, for example, a day, this is likely sufficient. If you are working on a project over several days or weeks, it is imperative that you take a moment when finished to ensure nothing has changed since you started the project.

Remember, law is a living thing and constantly changing.

WHEN TO STOP

Knowing when to stop is one of the toughest research skills to master. Unit 10: Putting it all Together will discuss this in greater detail.

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• Last Updated: Jan 12, 2024 9:55 AM
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Legal Research: An Overview: Introduction

• Introduction
• Secondary Sources
• Courts, Case Reporters & Publication of Cases
• Mandatory v. Persuasive Authority
• Caselaw Searching
• Validating Your Research
• Statutory Codes
• Searching in the Codes
• Regulations
• Search Techniques

Legal Research: Getting Started

• Before You Start
• Suggested Research Strategy
• Knowing When Your Research Is Done

Good research begins with knowing what it is you are researching. New attorneys often overlook the importance of their initial communications with those assigning them projects. In their zeal to impress their employers and to appear informed, new attorneys may draw their own assumptions about the objectives for the research, neglect to ask clarifying questions, or may even appear disinterested in the assignment. Good communication skills are vital to having a solid understanding of your assignments and that those giving you assignments know they can count on you. Keep these tips in mind when you get new assignments:

Clarify the nature and scope of the project . For assignments given to you via e-mail, read the e-mail thoroughly, and for assignments given to you during a meeting, listen carefully and take detailed notes. When you receive an assignment, ask questions to clarify the scope of the project and anything that is confusing. Your questions should include asking for recommendations for key sources to consult; clarifying the format that your work product should take (i.e. research memorandum, hard copies of relevant material, draft insert for document, etc.); and confirming the deadline for completion of the assignment.

Reiterate your understanding of the project . After you have been given an assignment, send a follow up e-mail confirming your understanding of the assignment, including the key issue(s) to be researched, the format your work product will take, and the deadline.  This provides a good roadmap for you of the project and also gives your supervisor the opportunity to clarify any additional details.

Maintain good communication throughout the process . As you work on the project, check in regularly to let your supervisor know of your progress, to confirm that you are on the right-track, and to get additional guidance. If you are unsure about the extent of communication your supervisor desires, consult with other attorneys who have successfully worked with your supervisor. 

Timely respond to e-mails . It is important to timely acknowledge e-mails that your receive, even if you cannot get to the substance of the e-mail right away. For example, if you are sent an e-mail asking for a bit of research, respond to the e-mail at your earliest opportunity to let the sender know that you received their e-mail and advise the sender of when they can expect to receive at least some preliminary work on the project.

Project confidence . As a new attorney, it is natural to feel overwhelmed and unsure of your abilities when given a new assignment. Do not let these feelings compromise your professionalism when communicating with your supervisor. Show enthusiasm for the project and ask appropriate questions about deadlines and suggestions for getting started. Should you feel confused or overwhelmed as you work on a project, identify what it is you need guidance on, such as help prioritizing research items or confirmation that you are researching in the right sources, and go to your supervisor with specific questions.

Your research strategy will vary depending on your legal issue and the nature of your project. While there is no one path that works for every research question, these steps are a useful starting point:

Determine the relevant jurisdiction . Before you begin your research, you need to determine which law is controlling for your issue. Is the issue governed by state or federal law? For state law questions, what state(s) law is at issue? For federal law questions, what are the relevant Circuit and District courts?

Identify the legal issue and determine keywords to describe the issue . It is common for those new to legal research to go directly to a search engine and start typing away, hoping to find an answer quickly. Taking some time to step back from the search engine and think through the issue to be researched will save you time in the long run, as it will make your searching more efficient and effective. Identify what area(s) of the law are implicated by your issue, what is the question to be researched, what topics are implicated by that question, are there sub-issues that should be considered? You may find it helpful to write out the question(s) that you are researching. Also, think through keywords that describe your issue that would be useful for generating good searches. For those keywords, think through synonyms that may be used in lieu of those words.

Begin your research by consulting a secondary source . Secondary sources offer guidance on legal topics and questions. They are a critical resource to help you get a "lay-of-the-land" regarding your issue and will identify statutes and leading cases to jump start your research.

Locate relevant statutes . If there is an on-point statute for your issue, look up that statute in an annotated code. Take note not just of the language of the specific statute but also review the rest of the "chapter" in which the statute appears to identify other related and relevant statutes. For each relevant statute, review the annotations for citations to cases and secondary sources.

Find relevant cases . If you have identified relevant cases by looking at secondary sources and/or annotated codes, review those cases. Use the on-point headnotes of each case to search for other relevant cases in your jurisdiction, and use the citator (Shepard's in Lexis, KeyCite in Westlaw, and BCite in Bloomberg) to identify cases that have cited to your cases. Also, do additional keyword type searches to find other relevant cases.

Confirm that your authority is still good law . Use a citator (Shepard's in Lexis, KeyCite in Westlaw, or BCite in Bloomberg) to confirm that your cases and statutes are still good law.

One of the trickiest research tasks is knowing when your research is completed. Legal analysis is nuanced, and thorough research involves looking at a number of sources and types of materials. Finding one on-point authority does not mean your research is complete. However, it also is simply not possible to run every conceivable search in every conceivable resource and review every conceivable search result. Good legal researchers find the sweet-spot between one-and-done and scorched-earth type research.

The following may signal that you have found a good spot to conclude your research:

Your searches keep turning up the same set of relevant authorities. If you are no longer finding relevant new sources, you have probably found the bulk of what is available.

You have searched in a variety of available sources (i.e. secondary sources, cases, etc.) and resources (Westlaw/Lexis/Bloomberg, government websites, other available resources).

You have searched using a variety of keywords.

You have searched using a variety of methods (using secondary sources to find primary authority, keyword searching, mining headnotes to explore Topics/Key Numbers, reviewing citing references, etc.).

For your most relevant search results, you have reviewed both the sources they cite and sources that cite to those materials.

Other Useful UCLA Legal Research Resources

Law Library Home Page . The Law Library home page provides access to a wide array of research resources and information.

Law Library Research Guides . The Law Library has prepared more than 80 research guides to assist UCLA Law students with their research needs. Guides of particular interest for law students include: Guide for First Year Law Students; Law School Study Aids; Mobile Applications for Law Students and Lawyers; and Career Planning, Job Search and More for Law Students.

How to Access UCLA Databases . This guide provides instructions for UCLA Law students on how to access UC, UCLA, and UCLA Law licensed databases remotely.

Law Library Digital Collection . The Digital Collection page provides links to commonly used legal databases.

UC Library Search . Use the Catalog to search for books and other library materials available at UCLA and the other UC libraries.

UCLA Library A-Z Databases List . The UCLA Library system provides access to non-legal databases and other research resources available at UCLA.

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• Last Updated: Feb 2, 2024 1:31 PM
• URL: https://libguides.law.ucla.edu/researchoverview

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Conducting Legal Research

• Five Step Legal Research Process
• Major Secondary Sources
• Major Primary Sources
• Using Shepard's Citator in Lexis
• Using KeyCite's Citator in Westlaw
• Using Headnotes in Westlaw
• Using Headnotes in Lexis
• Finding Aids
• Additional Research Resources
• Free Sources of Law Online
• Research Tips

Five Steps of Legal Research

This five-step research process can be applied to almost any research project, but it’s important to remember that it is not a rigid formula. Be flexible.  Sometimes you will get to step three and realize you should go back and revise your research plan. Other times you might have some preliminary knowledge, so you can start with step two or three. Sometimes, it's easier to do Steps 3 and 4(a) together.

Ultimately, the five steps provide structure for your research and can help you when you don’t know where to go next.

Here are the five steps:

1. Formulate a Research Plan 2. Consult Secondary Sources 3. Consult Primary Sources 4. (a) Expand Primary Law, and (b) Update Primary Law 5. Analyze & Organize Results

The Five Steps

Step One: Formulate a Research Plan

Consider the following preliminary questions:

• Legal question(s) that you need to answer
• Parties & the relationship between the parties
• Area(s) of law
• Jurisdiction
• Most relevant facts
• Legal terms of art

Generate search terms before you begin your research. This will help you to:

• Navigate indexes and tables of contents, and conduct keyword searches; and
• Create both natural language and terms and connectors search terms.

You may not be able to answer every preliminary question and that's okay. Part of the research process is identifying known and unknown information. Answer what you can, then move to Step 2.

Step Two: Consult Secondary Sources

Depending on your familiarity with a particular area of law, you will consult different types of secondary sources.

If you are unfamiliar with an area of law, consult General Secondary Sources such as:

• Legal Encyclopedias, either state-specific, e.g.,  Florida Jurisprudence 2d  (FlaJur); or national, e.g.,  American Jurisprudence 2d  (AmJur) or  Corpus Juris Secundum  (CJS)
• American Law Reports  (ALR)
• General law journals (e.g.,  Florida Law Review )

If you are familiar with an area of law, consult Subject-specific Secondary Sources such as:

• Treatises focused on a discrete area of law (e.g.,  Wharton’s Criminal Law )
• Restatements (e.g.,  Restatement (Second) of the Law of Torts )
• Subject-specific law journals (e.g.,  Florida Journal of International Law  or  Harvard Environmental Law Review )

As you develop your knowledge of a particular area, subject-specific secondary sources become more useful.

Step Three: Consult Primary Sources

The secondary sources you consulted in Step 2 should lead you directly to primary sources via references and footnotes.

Once you find relevant primary sources, those primary sources should lead you to other relevant primary sources:

• Annotated codes and regulations lead you to case law, other code sections, and secondary sources.
• Cases lead you to authorities they rely upon – statutes, regulations, and other cases.

Step Four: Expand & Update Primary Law

Step Four has two parts: (a) expanding your research, and (b) updating the primary law that you’ve found to ensure that the law is still good law. Both parts rely on Shepard’s and/or KeyCite.

     (a)  Expand your research by looking at the cases that a case you've found cites to or that cite to that case; by exploring relevant headnotes in the cases you’ve already found to find other cases that cite to that case for the law in that headnote; or by using the Topic or Key Number system to find additional cases indexed under the same topic as a relevant case.

     (b)  Update your research (using either Shepard’s or KeyCite) to make sure that the cases, statutes, and regulations you plan to use in your argument haven’t been overruled or otherwise treated negatively; and to determine whether there is more recent case law that discusses the same issue.

Step Five: Analyze & Organize Results

In Step 5, analyze your research and, by extension, any arguments and drafts that you have started to write. Focus on the following:

• Yes = return to research
• No = move forward
• Yes = move forward
• No = return to research

 If you need to return to research, go back to Steps One and Two.

• Try a different jurisdiction to see if there are synonyms for the terms you have used.
• Try natural language searches instead of terms and connectors (or vice versa).
• Try to find a subject-specific source (treatise, journal article).
• Use different finding methods to identify secondary sources (indexes, tables of contents, annotated codes).
• Next: Major Secondary Sources >>
• Last Updated: Apr 18, 2023 4:07 PM
• URL: https://guides.law.ufl.edu/legalresearch

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Basic Legal Research: Making a Research Plan

• Issue Spotting
• Jurisdiction
• The Hierarchy of Authority
• Making a Research Plan
• Researching in Print or Online
• Secondary Sources- Intro
• Secondary Sources- Encyclopedias, Restatements and ALR
• Secondary Sources- Treatises, Looseleafs, and Periodicals
• Updating Your Research
• Writing Your Document
• Researching with Lexis
• Researching with Westlaw
• Researching with Bloomberg BNA

Fact Situation

Darin drank a few beers, then took his skateboard down to the corner store to pick up some more. On the way back, he swerved into the path of Nadine, who was riding a bike, causing a crash in which Nadine's arm was broken. A police officer was on the scene, noticed that Darin seemed intoxicated, had him do a field sobriety test, and arrested him for operating a vehicle under the influence of alcohol (DUI).

Developing Search Terms

To research a question, you first need to outline the concepts you're dealing with, and find keywords that fit those concepts.

Darin was charged with operating a vehicle under the influence of alcohol. There are three major concepts here:

One way to come up with keywords is to look at related words for each concept.

• Operating: driving, running, controlling
• Vehicle: car, skateboard, bicycle, truck, conveyance
• Alcohol: drink, beverage, drug

These words can be narrower than the concept (car, skateboard, etc. are types of vehicles) or broader (vehicles are a type of conveyance). When you're searching, don't just stick with the words given to you, but have as many backup keywords as possible.

Boolean Searching

• Boolean Cheat Sheet

Boolean searching (named for the mathematician George Boole) is a more precise method of constructing a search than entering all your search terms together in a box. By using logical operators, such as AND, OR, or NOT, you can create a search that will yield results more on point. The below document contains the most used operators and examples of their use.

Terms and Connectors

CALI Lessons on Research Planning

• Legal Research 101: The Tools of the Trade Using a lawyer-under-construction theme, we take the law student on as an apprentice and introduce him or her to the basic tools of legal research.
• Legal Research Methodology This exercise is designed to help law students develop their abilities to handle legal research assignments.
• Introduction to Search Logic and Strategies Students will learn about keyword search formulation strategies and the mechanics of Boolean searching.
• Hold 'Em, Fold 'Em, Walk Away or Run: When To Stop the Search Knowing when to stop is important for efficient and cost effective legal research. This exercise will cover several factors which you may wish to consider.
• << Previous: The Hierarchy of Authority
• Next: Researching in Print or Online >>
• Last Updated: Aug 29, 2024 10:24 AM
• URL: https://library.famu.edu/basiclegalresearch

5 Legal Research Strategy

How you approach your research task may vary depending on your research question. However, the approach below works well with legal problem-solving methodologies such as IRAC.

What is IRAC?

IRAC is a legal problem-solving methodology commonly used in Australian law schools. Researchers using the IRAC method should identify the:

• Issue — state legal issues that are relevant
• Rule — state the legal rule found in legislation or case law
• Application — apply the rules to the facts
• Conclusion.

You can find a description of the IRAC method in A Practical Guide to Legal Research .

Analyse and plan

Analysing your research question involves identifying the appropriate area of law and any relevant legal issues at play. If you are researching a problem-based scenario, you should pay careful attention to:

• jurisdiction
• dates and timeline of events
• persons involved.

These facts will affect how you formulate your research question , as well as the sources of legal information you will need to consult.

Research the law

At this stage, you should focus on identifying the legal rules found in legislation and case law, because this is what you will need to restate in your writing.

Secondary to primary

When you are new to legal research or unfamiliar with an area of law, proceeding from general information (secondary sources) to more specific, authoritative information (primary sources) is a good approach. Secondary sources are written by subject-matter experts who can efficiently lead you to the key authorities you will need to use.

Alternatively, if you feel like you have a good grasp of the area of law and legal principles, you may wish to move straight to primary sources to answer your legal question.

Keeping up to date with the law

Once you have found your authorities, you need to make sure that they are up-to-date . Has the case you are relying on been reversed on appeal? Has the Act and provision you wish to cite been amended recently?

Apply the law

Apply the law to the facts. Use plain English to express your thoughts and to indicate the best course of action as well as the likely outcome of taking that course. It is important to:

• deal separately with each specific issue raised by the facts
• refer to the points of law extracted from the various cases, legislation, or texts
• have clarity of reasoning
• list authorities for and against the argument
• provide a conclusion.

Statements setting out principles of law should be supported by authoritative resources, preferably primary sources.

This chapter is adapted from Legal Research Strategy in Legal Research Skills: An Australian Law Guide by The University of Queensland Library, James Cook University Library, University of Southern Queensland Library, Charles Darwin University Library, Southern Cross University Library, Queensland University of Technology Library, and Deakin University Library.

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Legal Research Essentials Copyright © 2023 by The University of Queensland is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License , except where otherwise noted.

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Introduction to Legal Research

• Introduction

How to Start

• Regulations
• Constitutions
• Legal Dictionaries
• Legal Encyclopedias
• Antitrust Laws

Before you Begin

Good research, especially legal research, begins with knowing what it is you are researching. Never feel embarrassed to ask questions during any point of the legal research process. Relying on assumptions, rather than asking questions, may lead to errors in your research.

Understand the scope of the research project . Ensure you have a full understanding of the legal issue under research by taking thorough notes on the assignment. Carefully read, and reread, any materials related to the research project your professor provided.

Initial communications . Confirm your research project meets the expectations of the assignment by emailing or speaking to your professor. In addition, ask your professor if there are ways to improve your research project. Finally, do not forget to confirm the due date of the project.

Create and adhere to a timeline . You will want to create and adhere to a timeline to ensure adequate time is available for you to research a legal issue and to write your analysis. Performing at lease a little research each day is an easy way to adhere to a timeline. 

Continuing communications . Make certain to respond promptly to any communications from your professor. And if you have questions during your research, reach out to your professor to ask for assistance.

Suggested Research Strategy

Ask relevant questions .  Any research into legal matters should begin with a review of the facts of the case.  To make certain you have a thorough understanding of the details at hand, ask yourself the 5Ws: who, what, where, when, why.

Determine the jurisdiction . After you have established the necessary details of the legal issue, you will need to determine what jurisdiction is involved. Is the matter under research governed by federal or state law? For legal questions arising from the states, which state or states issued the law? For federal legal questions, you will need to determine the relevant Circuit and District courts .

Consult secondary sources .  Secondary sources are sources which analyze, critique, or discuss legal issues. In other words, these are resources about the law, not the law itself. Common forms of secondary sources include articles published within legal periodicals, legal dictionaries, and legal treatises.

Consult primary law . Primary law is the actual text of the law as issued by official government bodies. These laws include  statutes , cases , and  regulations . Constitutions , such as the U.S. Constitution , are also considered primary law.

Confirm your authority is still good law . Use a citator, such as Shepard's , in Nexis Uni , to confirm your case remains good law.

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• Last Updated: Jun 28, 2024 10:29 AM
• URL: https://libguides.utdallas.edu/legal_research

Legal Research Basics: Guide outline

Legal research basics, guide outline.

• Step 1: What is your research need?
• Step 2: Map out your research strategy
• Step 3: Undertake preliminary research
• Step 4: Do the research and evaluate the results
• Step 5: Finalise your research outcomes
• General legal writing skills
• I can just Google, right?
• Study guides
• Finding treaties
• Citing treaties
• Current awareness
• The Willem C. Vis International Commercial Arbitration Moot
• International taxation
• MLL444 - CyberLaw

Related Guides

• Legal Referencing
• Legal Abbreviations
• Researching Secondary Law
• Researching Case Law
• Researching Legislation
• Law and Legal Research Hub

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Getting started with legal research

This introductory legal research guide will help you to get started with legal research. Read through the outlines below to learn what is covered in each section of this guide. You can navigate to these sections via the menu on the left.

Key books: A list of useful legal research textbooks which can be used in addition to your prescribed resources.

Your first steps in legal research: This section is the first place you should start. It maps out the difference between primary and secondary sources of law. There are also some useful videos on developing key research skills.

Legal writing skills: Contains links to useful books and resources on legal writing skills.

Study guides: Links to commercial legal publishers short topical guides, including case notes and Q & A exam study guides.

International treaties: This section contains some useful resources on the Australian treaty making process, links to important treaties and examples of referencing styles.

Current awareness: How to keep up to date with new developments in the law, as well as a list of recent acquisitions.

Unit Help: Customised Library Resource Guides for specific unit codes.

Need help accessing library databases?

How to login.

Always access the legal subscription databases from the Library's A-Z databases page, Catalogue or a Resource Guide. You should only need to enter your Deakin Single Sign On credentials.

Recommended browser

If you experience any browser issues, Deakin University IT recommends the Microsoft Edge browser. More information is available on the Recommended Browser & Settings webpage.

Enable cookies

Some databases use cookies and/or have popup messages. Ensure that you enable popups for these databases in your internet browser. More information is available on the Recommended Browser & Settings webpage.

Avoid using Google to access a subscription database, as you are likely to encounter paywalls.

What is FIND IT @ DEAKIN?

You will sometimes see a FIND IT @ DEAKIN link when you are searching for journal articles, and the full text is not immediately available.

FIND IT @ DEAKIN will provide you with possible options for locating the full text of the article if it is not available in full text from the database you are using.

Clicking on the FIND IT @ DEAKIN link will provide a link to other databases, to the library website, and other possible sources.  

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• Last Updated: Aug 20, 2024 1:02 PM
• URL: https://deakin.libguides.com/legal-research-basics

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Master the Legal Memo Format

September 20, 2022

[Bloomberg Law’s Essential Career Toolkit can help you excel in class and jump-start your legal career to successfully transition from law student to lawyer.]

What is the legal memo assignment?

The legal memo is an objective memorandum that provides you the opportunity to review and research relevant case law, investigate relevant facts using available resources, analyze those facts under that law, and impartially assess the potential outcome of a matter. The legal memo is an assignment that law firm associates are frequently asked to provide to senior attorneys.

Far too often, however, the assigning attorney takes one look at the result and replies, “I knew this already.” To prevent this outcome, it’s important to write a legal memo with sufficient understanding of audience, scope, purpose, and format. With proper planning, law firm associates can maximize the odds of favorable reception at the outset.

Bloomberg Law can help you understand and apply legal issues to your legal memo assignment, so your final product addresses all relevant points right out of the gate.

What’s the difference between a closed legal memo and an open legal memo?

A closed legal memo is an assignment where you are given the case law or other primary law to be used in your writing. Far more challenging is an open legal memo, where you will need to research and identify the relevant law, investigate and analyze the most legally significant facts involving a particular client, and provide a critical assessment of how the court may apply the law to the matter.

By extension, unlike a court brief, the legal memo is not the place to wager a legal opinion or argue facts. The legal memorandum serves as an objective standalone document and identifies the risks and any unknown facts that need investigation. It should maintain an impartial tone, with no implied preference for one side or the other.

What’s the standard legal memo format?

Generally, a legal memorandum comprises six sections, with the following information:

1. Heading or caption

A section, titled, “Memorandum,” identifies the recipient (To: _______), the author (From: ____), the assignment submission date (typically in MMMM DD YYYY format), and subject of the memo (Re: __________).

2. Question presented

A brief one-sentence statement that defines how the law applies to the legal question at hand, and the jurisdiction where the matter will be decided. The question presented is specific and impartial and doesn’t assume a legal conclusion.

3. Brief answer

A quick-hit legal prediction to the question presented, based on a short (four to five sentences) explanation that references relevant law and facts.

4. Statement of facts

A concise, impartial statement of the facts that captures the heart of the legal matter, as well as current and past legal proceedings related to the issue. The facts can be chronological or grouped thematically, whichever format presents the facts in the clearest manner.

5. Discussion

Restates the main facts and delineates the overarching legal rule. Several paragraphs outline the various legal topics to be addressed in the case and provide an analysis of the legal issues, usually ordered in subsections.

6. Conclusion

The assigning attorney will likely read this section first. It predicts how the court will apply the law, and how confident you are in your prediction based on the data. With an impartial advisory tone, you identify next steps and propose a legal strategy to proceed.

How to write a legal memo

Legal research memos can come in many forms—from broad 50-state surveys to more nuanced research on a particular point of law—but whatever the format, it’s important that you fully understand the task entrusted to you before you start typing.

If you tackle your assignment by following the recommended approaches in the legal memo example below, you’ll be more likely to find an appreciative supervising attorney, deliver better work product, cut down on the number of drafts required to arrive at a final product, and, most importantly, please the client.

Learn the essentials of litigation writing, research, and document review with our Core Litigation Skills Practical Guidance Toolkit , available to Bloomberg Law subscribers.

Legal memorandum sample assignment

Assignment:  Prepare an open legal memo on whether, under the Fourteenth Amendment’s Due Process Clause, there is personal jurisdiction over a foreign car manufacturer involving a products liability case.

Step 1: Understand the legal issues

Review legal memo assignment materials.

In an open legal memo, you will be tasked with researching relevant primary and secondary resources, such as from national, single, or multiple state entities, as well as appeals circuits, to include in your analysis.

Locate secondary sources

Secondary sources, such as books, treatises, law reviews, legal analysis publications, and Practical Guidance are a great starting point to assist with your legal memo research. Although secondary sources are not binding on courts, meaning courts are not required to follow these sources, they are still helpful tools to use when you know little about a topic.

However, remember that while you may know little about a topic, the same may not hold true for your audience. Readers like law partners and assigning attorneys will already know general law. Identify your audience’s presumed level of knowledge, then the most mission-critical questions to address. These identified gaps will inform your fact-finding and research.

Use secondary resources to better fill in the main legal topics and issues as they relate to the facts in the legal memo assignment. Your legal research should help frame the issue and lead to other relevant materials, including cases and statutes.

Throughout, utilize legal memo space wisely. Remember, legal memo length varies by subject. Some topics require only a short summary, while others compel long-form treatment. For guidance, search your firm’s office document management system for previous legal memos.

Sample assignment – Step 1

Understand the legal issues:  Legal research depends on the right search terms. In the case, for example, you can use the keywords: (“personal jurisdiction” and manufacture!)) to locate relevant resources on the Bloomberg Law platform.

More broadly, while your search into secondary sources may span books and treatises, law review articles, and other legal analysis publications, make sure to vet all legal authorities for relevance.

[Research tip: It can be challenging to know all relevant keywords. Bloomberg Law provides a convenient search results page, where relevant article blurbs showcase additional keywords to explore. Based on targeted keywords, you can better gather the most relevant background information to assist with your analysis.]

Step 2: Develop a research plan

Identify primary law.

Primary sources can often be identified with research tools, such as court opinions searches for relevant case law. However, primary sources are not always apparent. In such cases, work your way backward. Reviewing secondary sources can help you identify a list of relevant primary law resources, like case law and related statutes. Keep your research organized and create a research plan to identify key resources. The research plan will list the relevant primary law and how the case or statute relates to your comprehensive legal analysis.

Stay organized

Save the relevant cases and statutes to a designated workspace. Bloomberg Law provides a streamlined and secure digital working area where you can add your notes as well as upload and store your drafts to keep organized.

Sample assignment – Step 2

Develop a research plan:  In the  assignment, some legal research may mention cases on what contacts a foreign defendant must have for the court to have personal jurisdiction over it, such as Ford Motor Co. v. Montana Eighth Judicial District Court .  Read through these articles to reveal additional relevant cases and statutes to support your analysis.

Step 3: Confirm your legal memo research

Once you have your research plan, you want to verify all your research to make sure you’re relying on the most current case law available. Bloomberg Law’s litigation tools like the BCite citator tool help you work smarter and faster to validate your case law research—specifically, to determine whether a citation still represents good law and can be relied upon—and helps you to conduct additional research to find more cases and resources that support your legal memo’s findings and conclusions.

Robust verification should ensure you know the following information:

• Composite analysis – the overall treatment of the cited case by other courts.
• Direct history – How a cited case has moved through the court system.
• Case analysis – Cases that have subsequently cited to the case.
• Authorities – Cases relied on by the court in the main case.
• Citing documents – Legal materials, such as court opinions, administrative decisions, and secondary sources that reference your case by citation.

Sample assignment – Step 3

Confirm your research:  To see whether  Ford Motor Co. v. Montana Eighth Judicial District Court  is still good law, you will of course need to pull up and review the case status. As part of this verification, you should review how other courts have treated the case. Once you have verified case status, you can better find additional secondary cases and other sources that cite to your case.

[Research tip: Carefully review whether case law citation can be relied on in your legal memo. While a legal memo is written for internal stakeholders like the assigning attorney, and not for the court system, it may nonetheless serve as a primer for future material.]

Attorneys may later incorporate any case law citations within the legal memo into court filings in support of their arguments. Given this broad potential reach, it’s imperative to verify all case law within your legal memo. Any unverified case law that later makes its way into public documents will result in an admonition from the court.

It is also important not to cherry-pick case citations. Remember the legal memo’s purpose is to inform, not to argue the facts. The legal memo must therefore provide an objective summary of all relevant case law and how it applies to the facts at hand. The omission of negative case law only compromises future legal strategy and heightens client legal exposure.

Step 4: Write an objective analysis

The legal memo showcases your critical legal thinking skills. Use your research plan and research materials to help organize your analysis. Remember to clearly state the law and the facts, in the active voice, and present your analysis in a logical manner.

Even with the IRAC legal memo format (Issue, Rule, Application, and Conclusion), it can be a challenge to write with precision. For example, it may not be clear which details to include in the statement of facts. Skilled legal memo writers often begin with the discussion. With complementary considerations of legal authority and factual criteria, this section clarifies the most legally significant facts and informs other earlier sections like the question presented and brief answer.

Across all stages, Bloomberg Law provides a vast trove of articles and resources to assist you in preparing your legal memo. Whether this is your first or fiftieth legal memo assignment, you can showcase clear and impartial legal analysis in your legal memo and other writing assignments in ways that establish you as a strong legal mind.

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How to write a research plan: Step-by-step guide

Last updated

30 January 2024

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Today’s businesses and institutions rely on data and analytics to inform their product and service decisions. These metrics influence how organizations stay competitive and inspire innovation. However, gathering data and insights requires carefully constructed research, and every research project needs a roadmap. This is where a research plan comes into play.

Read this step-by-step guide for writing a detailed research plan that can apply to any project, whether it’s scientific, educational, or business-related.

• What is a research plan?

A research plan is a documented overview of a project in its entirety, from end to end. It details the research efforts, participants, and methods needed, along with any anticipated results. It also outlines the project’s goals and mission, creating layers of steps to achieve those goals within a specified timeline.

Without a research plan, you and your team are flying blind, potentially wasting time and resources to pursue research without structured guidance.

The principal investigator, or PI, is responsible for facilitating the research oversight. They will create the research plan and inform team members and stakeholders of every detail relating to the project. The PI will also use the research plan to inform decision-making throughout the project.

• Why do you need a research plan?

Create a research plan before starting any official research to maximize every effort in pursuing and collecting the research data. Crucially, the plan will model the activities needed at each phase of the research project .

Like any roadmap, a research plan serves as a valuable tool providing direction for those involved in the project—both internally and externally. It will keep you and your immediate team organized and task-focused while also providing necessary definitions and timelines so you can execute your project initiatives with full understanding and transparency.

External stakeholders appreciate a working research plan because it’s a great communication tool, documenting progress and changing dynamics as they arise. Any participants of your planned research sessions will be informed about the purpose of your study, while the exercises will be based on the key messaging outlined in the official plan.

Here are some of the benefits of creating a research plan document for every project:

Project organization and structure

Well-informed participants

All stakeholders and teams align in support of the project

Clearly defined project definitions and purposes

Distractions are eliminated, prioritizing task focus

Timely management of individual task schedules and roles

Costly reworks are avoided

• What should a research plan include?

The different aspects of your research plan will depend on the nature of the project. However, most official research plan documents will include the core elements below. Each aims to define the problem statement , devising an official plan for seeking a solution.

Specific project goals and individual objectives

Ideal strategies or methods for reaching those goals

Required resources

Descriptions of the target audience, sample sizes , demographics, and scopes

Key performance indicators (KPIs)

Project background

Research and testing support

Preliminary studies and progress reporting mechanisms

Cost estimates and change order processes

Depending on the research project’s size and scope, your research plan could be brief—perhaps only a few pages of documented plans. Alternatively, it could be a fully comprehensive report. Either way, it’s an essential first step in dictating your project’s facilitation in the most efficient and effective way.

• How to write a research plan for your project

When you start writing your research plan, aim to be detailed about each step, requirement, and idea. The more time you spend curating your research plan, the more precise your research execution efforts will be.

Account for every potential scenario, and be sure to address each and every aspect of the research.

Consider following this flow to develop a great research plan for your project:

Define your project’s purpose

Start by defining your project’s purpose. Identify what your project aims to accomplish and what you are researching. Remember to use clear language.

Thinking about the project’s purpose will help you set realistic goals and inform how you divide tasks and assign responsibilities. These individual tasks will be your stepping stones to reach your overarching goal.

Additionally, you’ll want to identify the specific problem, the usability metrics needed, and the intended solutions.

Know the following three things about your project’s purpose before you outline anything else:

What you’re doing

Why you’re doing it

What you expect from it

Identify individual objectives

With your overarching project objectives in place, you can identify any individual goals or steps needed to reach those objectives. Break them down into phases or steps. You can work backward from the project goal and identify every process required to facilitate it.

Be mindful to identify each unique task so that you can assign responsibilities to various team members. At this point in your research plan development, you’ll also want to assign priority to those smaller, more manageable steps and phases that require more immediate or dedicated attention.

Select research methods

Once you have outlined your goals, objectives, steps, and tasks, it’s time to drill down on selecting research methods . You’ll want to leverage specific research strategies and processes. When you know what methods will help you reach your goals, you and your teams will have direction to perform and execute your assigned tasks.

Research methods might include any of the following:

User interviews : this is a qualitative research method where researchers engage with participants in one-on-one or group conversations. The aim is to gather insights into their experiences, preferences, and opinions to uncover patterns, trends, and data.

Field studies : this approach allows for a contextual understanding of behaviors, interactions, and processes in real-world settings. It involves the researcher immersing themselves in the field, conducting observations, interviews, or experiments to gather in-depth insights.

Card sorting : participants categorize information by sorting content cards into groups based on their perceived similarities. You might use this process to gain insights into participants’ mental models and preferences when navigating or organizing information on websites, apps, or other systems.

Focus groups : use organized discussions among select groups of participants to provide relevant views and experiences about a particular topic.

Diary studies : ask participants to record their experiences, thoughts, and activities in a diary over a specified period. This method provides a deeper understanding of user experiences, uncovers patterns, and identifies areas for improvement.

Five-second testing: participants are shown a design, such as a web page or interface, for just five seconds. They then answer questions about their initial impressions and recall, allowing you to evaluate the design’s effectiveness.

Surveys : get feedback from participant groups with structured surveys. You can use online forms, telephone interviews, or paper questionnaires to reveal trends, patterns, and correlations.

Tree testing : tree testing involves researching web assets through the lens of findability and navigability. Participants are given a textual representation of the site’s hierarchy (the “tree”) and asked to locate specific information or complete tasks by selecting paths.

Usability testing : ask participants to interact with a product, website, or application to evaluate its ease of use. This method enables you to uncover areas for improvement in digital key feature functionality by observing participants using the product.

Live website testing: research and collect analytics that outlines the design, usability, and performance efficiencies of a website in real time.

There are no limits to the number of research methods you could use within your project. Just make sure your research methods help you determine the following:

What do you plan to do with the research findings?

What decisions will this research inform? How can your stakeholders leverage the research data and results?

Recruit participants and allocate tasks

Next, identify the participants needed to complete the research and the resources required to complete the tasks. Different people will be proficient at different tasks, and having a task allocation plan will allow everything to run smoothly.

Prepare a thorough project summary

Every well-designed research plan will feature a project summary. This official summary will guide your research alongside its communications or messaging. You’ll use the summary while recruiting participants and during stakeholder meetings. It can also be useful when conducting field studies.

Ensure this summary includes all the elements of your research project . Separate the steps into an easily explainable piece of text that includes the following:

An introduction: the message you’ll deliver to participants about the interview, pre-planned questioning, and testing tasks.

Interview questions: prepare questions you intend to ask participants as part of your research study, guiding the sessions from start to finish.

An exit message: draft messaging your teams will use to conclude testing or survey sessions. These should include the next steps and express gratitude for the participant’s time.

Create a realistic timeline

While your project might already have a deadline or a results timeline in place, you’ll need to consider the time needed to execute it effectively.

Realistically outline the time needed to properly execute each supporting phase of research and implementation. And, as you evaluate the necessary schedules, be sure to include additional time for achieving each milestone in case any changes or unexpected delays arise.

For this part of your research plan, you might find it helpful to create visuals to ensure your research team and stakeholders fully understand the information.

Determine how to present your results

A research plan must also describe how you intend to present your results. Depending on the nature of your project and its goals, you might dedicate one team member (the PI) or assume responsibility for communicating the findings yourself.

In this part of the research plan, you’ll articulate how you’ll share the results. Detail any materials you’ll use, such as:

Presentations and slides

A project report booklet

A project findings pamphlet

Documents with key takeaways and statistics

Graphic visuals to support your findings

• Format your research plan

As you create your research plan, you can enjoy a little creative freedom. A plan can assume many forms, so format it how you see fit. Determine the best layout based on your specific project, intended communications, and the preferences of your teams and stakeholders.

Find format inspiration among the following layouts:

Written outlines

Narrative storytelling

Visual mapping

Graphic timelines

Remember, the research plan format you choose will be subject to change and adaptation as your research and findings unfold. However, your final format should ideally outline questions, problems, opportunities, and expectations.

• Research plan example

Imagine you’ve been tasked with finding out how to get more customers to order takeout from an online food delivery platform. The goal is to improve satisfaction and retain existing customers. You set out to discover why more people aren’t ordering and what it is they do want to order or experience. 

You identify the need for a research project that helps you understand what drives customer loyalty . But before you jump in and start calling past customers, you need to develop a research plan—the roadmap that provides focus, clarity, and realistic details to the project.

Here’s an example outline of a research plan you might put together:

Project title

Project members involved in the research plan

Purpose of the project (provide a summary of the research plan’s intent)

Objective 1 (provide a short description for each objective)

Objective 2

Objective 3

Proposed timeline

Audience (detail the group you want to research, such as customers or non-customers)

Budget (how much you think it might cost to do the research)

Risk factors/contingencies (any potential risk factors that may impact the project’s success)

Remember, your research plan doesn’t have to reinvent the wheel—it just needs to fit your project’s unique needs and aims.

Customizing a research plan template

Some companies offer research plan templates to help get you started. However, it may make more sense to develop your own customized plan template. Be sure to include the core elements of a great research plan with your template layout, including the following:

Introductions to participants and stakeholders

Background problems and needs statement

Significance, ethics, and purpose

Research methods, questions, and designs

Preliminary beliefs and expectations

Implications and intended outcomes

Realistic timelines for each phase

Conclusion and presentations

How many pages should a research plan be?

Generally, a research plan can vary in length between 500 to 1,500 words. This is roughly three pages of content. More substantial projects will be 2,000 to 3,500 words, taking up four to seven pages of planning documents.

What is the difference between a research plan and a research proposal?

A research plan is a roadmap to success for research teams. A research proposal, on the other hand, is a dissertation aimed at convincing or earning the support of others. Both are relevant in creating a guide to follow to complete a project goal.

What are the seven steps to developing a research plan?

While each research project is different, it’s best to follow these seven general steps to create your research plan:

Defining the problem

Identifying goals

Choosing research methods

Recruiting participants

Preparing the brief or summary

Establishing task timelines

Defining how you will present the findings

Should you be using a customer insights hub?

Do you want to discover previous research faster?

Do you share your research findings with others?

Do you analyze research data?

Start for free today, add your research, and get to key insights faster

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Action Initiated? Action initiation under Australia's Consumer Data Right becomes law

What you need to know

• Australia has new laws to bring action initiation or "write access" to the Consumer Data Right (CDR). After almost three years before Parliament, the new laws were passed unamended and with bipartisan support.
• The move follows a range of announcements to reset Australia's Consumer Data Right – reducing cost and complexity, with a focus on high value use cases to drive consumer benefits. Read more on Resetting Australia’s Consumer Data Right .
• Action initiation brings to life some of the foreshadowed opportunities of the CDR, with use cases ranging from the automation of payments to insight-driven service provider switching.
• The new laws set out the framework for action initiation, but not the specific actions – Treasury will consult on which actions are introduced when, and for what sectors.
• Energy switching may be an early target – the Government's "high priority" use cases are borrowing decisions, energy switching and accounting services to small business. The Data Standards Body is already exploring experimental standards , with the Government drawing attention to energy switching and real estate application experiments.
• The regime brings two new roles to the CDR, the Accredited Action Initiator or AAI (who will receive action requests from consumers) and the Action Service Provider or ASP (who will perform the action request from an AAI as if it came from the consumer directly).
• Various sectors have stressed the need for extensive consultation to address industry-specific challenges and called out that the CDR needs time to mature to build customer trust.

What you need to do

• Service providers (especially in the banking, finance, and energy sectors) should consider how their internal systems and processes are placed to facilitate action initiation. CDR action initiation is only the "instruction layer" that triggers the action – the "action layer" will be performed by existing processes.
• Treasury will consult on which actions should be designated in each sector. Actively engage to ensure that sector-specific challenges, regulation, and practices are taken into account. The CDR reset includes better alignment between CDR, Digital ID and privacy reforms – keep across developments in Digital ID and privacy reforms to understand the likely future of action initiation.
• Service providers in all sectors should consider how action initiation might impact their product roadmaps and strategies – including, for example, whether to become accredited to initiate actions, such as triggering payments or account switching.

"Write access" coming to the Consumer Data Right

After almost three years before Parliament, the Treasury Laws Amendment (Consumer Data Right) Act 2024 to bring long-awaited action initiation to the CDR is now law. The bill was passed unamended and with bipartisan support on 15 August 2024, receiving assent on 26 August 2024.

Action initiation (also referred to as "write access" for some use cases) allows a consumer to permit a service provider to initiate actions on their behalf.

Examples include initiating payments, switching service providers, opening or closing accounts, automating the processes for undertaking loan or mortgage applications or 'one stop shop' budgeting applications.

CDR action initiation regulates the "instruction layer", allowing actions to be initiated or triggered using CDR systems. It does not regulate the "action layer" – actions initiated using the CDR are performed using existing industry processes.

Data sharing was the foundation of the CDR regime, but action initiation is the next step in helping consumers overcome barriers to participation and decision-making in a data-driven economy. The new action initiation framework is intended to drive competitive benefits from the CDR – by allowing consumers and service providers to not only make better decisions, but to take meaningful action with reduced friction, driving new types of services.

A new framework to initiate action using the CDR

The framework for action initiation is similar to existing processes under the Consumer Data Right, with three key building blocks:

• Declaration – Types of actions that can be initiated using the CDR, and the classes of CDR Data Holders that are to be Action Service Providers, are added by ministerial declaration.
• Rules – Following a declaration, the Minister would make rules for the action type.
• Data standards and guidelines – The rules would work alongside the data standards prepared by the Data Standards Body. The Office of the Australian Information Commissioner would also prepare and publish guidelines relating to the privacy safeguards.

Accredited Action Initiators and Action Service Providers

The bill introduces new roles to the CDR regime:

• The Accredited Action Initiator or AAI can give instructions on behalf of a consumer. The AAI must be accredited for particular actions under the rules. The Government expects rules will be made to require an AAI to first be accredited to receive data under the CDR (as an Accredited Data Recipient), even if it doesn't receive data under the CDR.
• An Action Service Provider or ASP is required to undertake actions in accordance with those instructions. An ASP is typically a Data Holder under the CDR specified in the declaration for an action, but the rules may also allow other entities to be voluntary Action Service Providers – for example, if an action to update a consumer's address details is made mandatory for certain data holders, the rules might allow other entities to voluntarily take advantage of the capability.

ASPs cannot treat valid instructions from an AAI any differently to how they would treat direct instructions from consumers. However, the ASP is not required to perform an action if it would not ordinarily perform that action according to its standard business practices.

This ensures that action initiation can be used to provide a process that is as frictionless as possible.

Action initiation is the "instruction layer"

Action initiation under the CDR affects what is known as the "instruction layer". It does not affect the usual ways that ASPs perform those actions in their business (the "action layer") and does not require an ASP to take any actions which it would not otherwise perform.

The action initiation process contemplates the following detail for these layers:

• Instruction Layer – A standardised framework under the CDR enabling a consumer to give instructions about actions to an Accredited Action Initiator. The Accredited Action Initiator sends an action request to the Action Service Provider, who authenticates the consumer requesting that the relevant action be carried out.
• Action Layer – The process of undertaking an action itself. Once an instruction is given, the Action Service Provider is then required to carry out the request as if the request as if it had come from the consumer directly.

What kinds of CDR actions could we see?

Treasury will consult on which actions are introduced when, and for what sectors, but we expect a focus at least in the short term on "low hanging fruit" – use cases with lower cost, complexity and risk to implement, and clear consumer benefits – consistent with the Assistant Treasurer's recent approach to Resetting Australia's Consumer Data Right .

In a letter to the Data Standards Chair , the Assistant Treasurer identified as high priority use cases:

• those relating to borrowing decisions;
• energy switching; and
• accounting services to small businesses.

He also supported continued use of experiments, mentioning in particular those involving energy switching and real estate applications.

Actions could make use of either payment initiation (authorisation to make payments on behalf of consumers) or other "general" initiation processes (authorisation to undertake other actions, such as updating personal details or pre-filling application forms, on behalf of consumers).

Potential use cases in the longer term could include:

CDR use cases will mature over time from more transactional, active, user triggered activity to passive and even predictive services that are trusted to take actions on a user's behalf – for example, automatically switching between products, plans or service providers to make sure the consumer is always getting the best deal.

In its responses to Treasury's consultation on the draft bill in late 2022, the ACCC made a number of suggestions regarding liability allocation that have not appeared in this form of the bill. The ACCC also proposed that the first "actions" to be designated could be an area other than payments, such as the initiation of switching in the energy sector. We expect that the intended use cases and the liability allocation for action initiation will continue to be high priority issues for the Government and regulators to resolve as part of the action initiation design and rollout.

International insights

While most jurisdictions have started their open data journey with open banking and a focus on payment functionality, Australia envisaged a consistent "whole-of-economy" approach, with an initial focus on data sharing. Australia has the opportunity to look at overseas experiences – not only to understand high value action use cases, but also to consider if internationally standardised approaches might help control implementation costs by reducing the need for customised software systems.

The United Kingdom is looking to expand on the success of open banking to other sectors of the economy through a new Digital Information and Smart Data Bill (announced in the 17 July 2024 King's Speech ).

Third party payment initiation was part of the initial scope of the UK's Open Banking initiative and has expanded rapidly since the Payment Services Directive (PSD2) began entering into force from 13 January 2018. The penetration and adoption of open banking data sharing and payments continue to grow in the UK – with payments penetration overtaking data sharing for the first time in August 2023.

In the UK, holding a Payment Initiation Service Provider (PISP) licence to initiate payments ("write" access) carries a greater regulatory burden than an Account Information Service Provider (AISP) licence ("read only" access). Australia's action initiation framework similarly allows for additional accreditation requirements for Accredited Action Initiators, and we expect requirements to be more onerous for higher risk actions (such as payment initiation). Some actions (such as password resets) will be too high risk to be part of the Consumer Data Right.

In the UK, most customer-facing open banking solutions focus on personal payments. As at January 2022, the use of Open Banking in the UK to facilitate direct payments has accounted for over £2.4 billion of funds transferred since its rollout in 2018. A frictionless user experience, together with robust security safeguards, has been key to this success.

Australia will also be watching what other jurisdictions are doing:

• New Zealand is currently looking to expand its open banking framework to introduce consumer data rights which will incorporate action initiation from the outset. Government consultations have emphasised that the new laws would make it easier for customers to switch providers for services such as banking, electricity, and telecommunications. A Senate Committee report on the proposed Consumer and Product Data Bill is due 22 January 2025.
• In its April 2024 budget , Canada announced its plans to implement its "Consumer-Driven Banking" framework by 2025 – with plans to make sure the regime is interoperable with Personal Finance Data Rights rules recently finalised in the United States.

Successful adoption of action initiation in Australia will depend on a well-integrated payment ecosystem, with the "instruction layer" and the "action layer" interacting seamlessly.

Success will also require trustworthy identification and authentication and increases in consumer confidence – particularly in the face of recent high profile cyber-attacks. In Australia, the Assistant Treasurer has mentioned that integration between Digital ID mechanisms and action initiation will be critical for ensuring consumer safety. Consumers expect strong data protections at minimum, but willingness to share data is also integrally linked to the value of the service to the consumer – consumers are more likely to be comfortable sharing data where new services bring extra value or extra convenience.

Challenges and Opportunities

Cyber, privacy and fraud risks

The Government argues that CDR brings a safe and secure set of protocols and frameworks for enabling consumers to do things that they might be doing today in an unsafe way (for example, through screen scraping and password sharing).

As any CDR participant can attest, the CDR regime already takes security very seriously. But could the ability for intermediaries to initiate actions such as payments or opening accounts create a new vector for fraud threats, or get in the way of current protections against fraud?

The action initiation regime imposes various obligations with the aim to protect against the risk of fraud, for example:

• accredited persons are subject to a new obligation to act efficiently, honestly and fairly when initiating actions, and civil penalties apply to misleading a person into believing a person is accredited when they are not;
• existing privacy safeguards will be updated to apply to CDR data that flows in the instruction layer. The privacy safeguards would also apply to AAIs, and some privacy safeguards would apply to ASPs; and
• the consumer data rules may include rules that apply to AAIs or ASPs, that regulate the security, storage or deletion of certain data that is disclosed to the AAI or ASP under the action initiation regime.

The existing consent and authentication processes that exist under the CDR will continue to apply, as will the security standards that must be met for accreditation.

The Government has emphasised that the action initiation regime will not prevent service providers from applying security or other checks, or refusing to perform an action consistent with existing practices.

However, the banking sector has noted that by adding an intermediary, CDR action initiation will mean the loss of some visibility of the customer, such as data about the device used, the IP address and the time and date of the customer's instruction. This behavioural data and other markers can be used to reduce fraud and cyber risks.

If the data used to combat fraud and cyber risks is different when actions are triggered by third parties under the CDR, new security or verification solutions specific to action initiation may need to be developed.

Implementation and existing systems

Service providers will need to consider how they will implement action initiation in their existing systems, for example to enable switching or payment initiation via an instruction that is delivered through an API call.

Service providers should be considering what limitations might be in place for these use cases, and what additional information might be needed from consumers to ensure that they can initiate actions on request.

Accreditation as an opportunity

The action initiation regime could also offer new opportunities for existing and new service providers and FinTechs to trigger actions as an Accredited Action Initiator.

On top of the data sharing benefits available as an Accredited Data Recipient under the current CDR, service providers or FinTechs who gain accreditation as an Accredited Action Initiator could be able to initiate payments, help consumers switch products (including as an incoming channel, to a service provider's own products) or provide multi-product management services for disparate brands and service providers.

The Government previously signalled that it expects future consumer data rules to require a prospective Accredited Action Initiator to first be accredited to receive data under the CDR (as an Accredited Data Recipient), even if it doesn't receive data under the CDR. Having a good understanding of the various pathways to accreditation and the associated administrative and regulatory burdens and costs, will help organisations make strategic choices about when and how to prepare to become a Consumer Data Right participant.

While the action initiation framework has now been legislated, it does not identify or allow any specific types of actions under the CDR. Further work is required to identify high value actions, and to undertake the consultation necessary to declare an action and prepare the rules and data standards that would give effect to the action mechanisms.

Industry has signalled that consumer trust is key to the success of action initiation, and that allowing the CDR framework to mature is critical to earning that trust. Industry has previously called for meaningful sector consultation and assessment, robust cost-benefit analysis, and a measured approach to introducing actions (for example, adopting a staggered approach). If recent announcements on resetting Australia's CDR are a guide, those calls have been heard, although at this early stage the impacts of the “reset” remain to be seen.

One lesson that we have learned in assisting with CDR implementation is the level of interlinking complexity arises from overlaying a new regime on existing systems.

Action initiation brings great opportunities – but will not be a simple "bolt on" to existing systems and processes.

Want to know more?

• Resetting Australia's Consumer Data Right - 12 August 2024 (Publication)
• The Consumer Data Right being rolled out to non-bank lenders and by now pay later products as part of Open Finance - 28 September 2023 (Webinar)
• Consumer data right news for non-bank lenders and buy now pay later, screen scraping and energy rollout - 22 September 2023 (Publication)
• Action Initiation under the Consumer Data Right is coming - 20 February 2023 (Publication)

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Money blog: House prices hit two-year high - see the average cost in your region

House prices have hit a two-year high after jumping 0.3% in August, the latest data from Halifax has shown. Scroll through the Money blog for this plus more personal finance and consumer posts - and leave your comments below.

Friday 6 September 2024 19:36, UK

• Liam Gallagher jokes about Oasis ticket prices
• Reality star tells Sky News she didn't have pension in her 40s 
• Sharp rise in price of first class stamp
• House prices hit two-year high - see how they vary by region
• Supermarket's tea beats more expensive brands in taste test  

Essential reads

• Who's to blame for concert prices going through roof - and who gets money?
• Fake voucher trend sees supermarket call in police
• How data roaming charges compare by network
• How your pension could be taxed

Tips and advice

• Weekly mortgage guide
• Free school meals guide
• Cheapest holidays dates before Xmas
• Money Problem : 'My dog died but insurance still wants a year's payment'

Ask a question or make a comment

By Jimmy Rice , Money blog editor

Away from Oasis ticket prices, the news agenda in Money this week was dominated by pensions.

We learned on Wednesday that the state pension looks set to rise by just below 4% next April - equalling around £400 extra per year for those on the full state pension.

Pre-2016 retirees who may be eligible for the secondary state pension could see a £300 per year increase.

Because of the triple lock, each year the state pension rises by whatever is highest from inflation, average wage growth or 2.5%.

Officials did nothing to downplay a BBC report, apparently based on internal Treasury figures, that average wage growth would be the highest of these this year.

The figures that would be used to set next April's rise are released next week but the OBR forecast is for 3.7% - which would take the full state pension to around £12,000.

Whether or not pensioners would view this as good news is up for debate (see our last post), but there was definite bad news for older Britons earlier in the week, as Chancellor Rachel Reeves refused to rule out heavier taxation on pensions in the October budget.

How could pensions be taxed further? We had a look here...

Ms Reeves also confirmed on Tuesday that she'd impose a cap on corporation tax.

She said the tax would be capped at its current level of 25% to "give business the confidence to grow".

A final piece of news from Money this week that could have consequences for your bank balance was confirmation that the Household Support Fund would be extended until April.

Councils decide how to dish out their share of the fund but it's often via cash grants or vouchers. Many councils also use the cash to work with local charities and community groups to provide residents with key appliances, school uniforms, cookery classes and items to improve energy efficiency in the home.

People should contact their local council for details on how to apply for the Household Support Fund - they can find their council here .

On the Oasis ticket price story, which continued to make headlines through the week including today, a post in Money appeared to help prompt a U-turn from official reseller Twickets.

The company told us it would be lowering its fees after criticism online...

Unofficial resellers were also in the spotlight and, on an episode of the Daily podcast, Niall Paterson spoke to Viagogo - eliciting an admission that things need to change...

Here in Money, we published a few explainers that are well worth checking out...

We'll be back with live updates on Monday - but do check out our Money blog spin-off tomorrow, a student finance special.

Have a good weekend.

We start this week's round up of your comments with Virgin Media O2's decision to axe its weekly free Greggs perk...

Customers on social media claimed they'd review whether they remained with O2 - while one Money blog reader asked what his rights were if he wanted to cancel...

I signed a new O2 contract on 16 August based largely on the advertised promise of the Greggs priority offer. I'm angry that I have been mis-sold my new contract and I will not be able to enjoy the benefit that I signed it for. I want to end it early, what are my rights? Phil

We looked at O2 Priority's T&Cs - and they clearly set out that they can make any change to the terms of the agreement and service without giving you a right to cancel.

Therefore, if you want to cancel you'll have to pay an early termination charge.

There is one exception - but only if you're in the first two weeks of your contract.

Consumer champion Scott Dixon says: "When you enter into a phone contract with a mobile phone provider online, it is classed as a distance sale and is covered by legislation.

"This legislation binds traders to provide key information at the point of sale including right to cancel information. This gives you a 14-day cooling-off period to leave without paying any termination fees, although you would have to pay for what you have used such as calls, texts and data.

"If you entered into the contract in-store, this would not apply." 

This probably isn't what Phil wants to hear - but we did look at other ways he and others might be able to get free or discount Greggs...

This post, which we hoped would be helpful, didn't go down well with everyone...

How to eat Greggs on the cheap?! Give me strength... Pork Pie Percy

Another topic that elicited a strong response from readers was a campaign group's call for the chancellor to impose a pay-per-mile tax on electric vehicles.

EV drivers obviously don't pay fuel duty - and the pay-per-mile proposal would make up for lost revenue to the Treasury as more people ditch petrol and diesel cars.

The Campaign for Better Transport group proposing the tax says the public would be on board - but our LinkedIn poll suggests this isn't the case...

Readers said...

I wonder how many people realise that an introduction of pay per mile, I guess by means of a tracker type of device, will actually allow big brother to watch your every move when travelling in your car, your speed on any given road, accident data etc... our freedom is diminishing. Big Ian

EVs need electricity to work, the cost of electricity in the UK is mad. I pay higher electricity bills because I don't have a diesel anymore. Why should I be charged pence per mile just by having an EV? It's money and NOT pollution targets the government are looking at. A Grant

The proposed introduction of pay per mile for ZEV will clearly by necessary to compensate for the taxes lost from the sale of petroleum based fuels. This was always going to happen. EU4ME

Only a matter of time before they came for the electric clan. I wonder if sales of electric will now suffer?  Chappers2013

Read more on this story here...

Pension stories always attract a lot of feedback - and this week's suggestion that the state pension will rise in line with average earnings growth next year was no different.

A rise of 3.7% would equal another £400 a year...

Wow how generous, suggested £400 rise to state pension would equate to a rise of £7.69 a week to a pensioner. But in reality, take away winter fuel and the rise is £100, that's £1.92 a week - will be rolling in the money. SueP

Without raising the personal allowance any pension increases will be eaten up with tax. This country is unbelievable in the way it treats its old folk. Monkee knows best

A potential £400 rise in state pension is hardly a headline, it's still a long way off from the minimum living wage. Prendy

An Oasis fan who spent more than £350 on a single ticket says she was left "fuming" after extra show dates were announced. 

Diane Green, from Middlesbrough, was close to buying a ticket costing £158 but said she was kicked out of an online queue. 

She then had to wait four hours to pay £357.95 for one ticket.

The 60-year-old wanted to buy a total of four tickets to take herself, her son and two friends to see the band at Heaton Park in Manchester, but said "there's just no way I could have got more".

"I would never have done it (purchased the ticket)," she said.

"If I had known they were putting more dates on, I would have just thought 'no, I'll chance it again', but it was really frustrating."

"I paid double. I could have got two tickets when I paid and now only one person can go. In our household, it's like, who goes?"

Ms Green said she bought the ticket thinking it was her only chance to see the band and was "absolutely fuming" when they announced more dates.

"It's disgraceful," she added. "For me to purchase a ticket for £358, it's a lot of money. I regret doing it in a way."

Oasis announced two new Wembley Stadium dates due to "phenomenal public demand" earlier this week.

It comes after controversy over the sale of tickets for their reunion tour, with 17 shows across Cardiff, Manchester, Wembley, Edinburgh and Dublin selling out.

Fans were beset with problems getting on to ticket websites, from being labelled bots and being kicked out of queuing to some ending up paying more than the advertised price of £148 as costs surged past £355. 

Liam Gallagher appeared to brush off the controversy earlier as he joked about ticket prices on social media, telling one person to "shut up" after Oasis were accused of ripping off fans.

Nationwide's £2.9bn takeover of rival Virgin Money is expected to complete next month after the deal was approved by the UK's financial regulators.

The deal will still need to be sanctioned in court, with a hearing set to take place on 27 September, but it is due to be formally complete on 1 October. 

It comes after Nationwide agreed to the takeover of its London-listed rival in March.

The building society struck the deal with a 220p-a-share offer for Virgin Money, including a planned 2p-per-share dividend payout.

It will bring together Britain's fifth and sixth-largest retail lenders, creating a combined group with around 24.5 million customers and more than 25,000 staff. 

The new owners of The Body Shop are lining up tens of millions of pounds in new financing as they finalise a deal to buy the chain out of administration.

Sky News has learnt that Aurea, an investment company led by cosmetics entrepreneur Mike Jatania, is in advanced talks to secure more than £30m in working capital from Hilco Capital, a prolific investor in and lender to the retail industry.

Banking sources said that the deal between Aurea and FRP Advisory, The Body Shop's administrators, was likely to be finalised within days.

If confirmed, the new debt from Hilco would be used to help place the cosmetics chain back on a growth footing, the bankers said.

The UK economy would need investment of £1trn over a decade for an annual growth rate of 3% to be achieved, according to a business lobby group.

The Capital Markets Industry Taskforce (CMIT), which represents leaders in the financial services sphere, said £100bn a year must be found to help the country catch up after trailing its peers for many years.

It urged a focus on energy, housing and venture capital, arguing the money could be unlocked from the £6trn in long-term capital within the pensions and insurance sector.

The government has made growing the economy its top priority.

Prime Minister Sir Keir Starmer let it be known during the election campaign that he was seeking to achieve a growth rate of 2.5% - a level the economy has struggled to reach since the financial crisis of 2008.

You've waved your magic wand, and your "happily ever after" home appears... 

It sounds like a buyer's dream - and one property has come to market that could be a dream come true for a Disney fan. 

A semi-detached house in Rhyl, Wales, looks ordinary from the outside, but its interior has been decorated as an homage to Disney and other cartoon characters. 

The cast of Aladdin, Maleficent from Sleeping Beauty and Tinkerbell from Peter Pan are just some of the characters displayed around this three-bed house. 

It's been put on the market for £179,950 - more than £44,400 less than the average price of a property in Wales (you can read more about this in our 8.54 post). 

On Zoopla, it is listed as being close to public transport and within walking distance to the town centre. 

It also has two reception areas, a shed and a garden. 

According to the online estate agent, it is "ideal for first time buyers". 

Daniel Copley, consumer expert at Zoopla, told the Money blog: "It goes without saying that this property would make the perfect home for a Disney fan with its spectacular murals showcasing a whole new world.

"Aside from this, the property is conveniently located near the local leisure centre and schools, while Rhyl’s beautiful beaches are also within walking distance." 

Visa says it is planning a new service which offers more control and better protection to people paying bills by bank transfer.

The dedicated service for account-to-account (A2A) payments will launch early in the UK next year, it said - with an "easy to use" resolution service that could make it easier for customers to claw their money back if something goes wrong.

Visa said consumers using the service will be able to monitor their payments more easily and raise any issues by clicking a button in their banking app, giving them a similar level of protection to when they use their cards.

Biometrics will also be incorporated to offer a new level of security, it added.

Royal Mail is hiking the price of first class stamps again - this time by 30p. 

From 7 October, they will increase to £1.65, while second class stamps will remain at 85p.

In April, first class stamp prices increased by 10p to £1.35, and by 10p to 85p for second class.

Royal Mail said it had sought to keep price increases as low as possible in the face of declining letter volumes, inflationary pressures and the costs of maintaining the Universal Service Obligation, under which deliveries have to be made six days a week.

It added that letter volumes have fallen from 20 billion in 2004/5 to around 6.7 billion a year in 2023/4. 

This means the average household now receives four letters a week, compared to 14 a decade ago.

In the same period, the number of addresses Royal Mail must deliver to has risen by four million, meaning the cost of each delivery has also risen. 

Nick Landon, Royal Mail's chief commercial officer, said: "We always consider price increases very carefully. 

"However, when letter volumes have declined by two-thirds since their peak, the cost of delivering each letter inevitably increases."

He called for the universal service to be adapted to reflect changing customer preferences, saying the financial cost to meet the current demands are "significant". 

"The universal service must adapt to reflect changing customer preferences and increasing costs so that we can protect the one-price-goes anywhere service, now and in the future," he added. 

Postal regulator Ofcom said this week that Royal Mail could be allowed to drop Saturday deliveries for second class letters under an overhaul of the service.

Up to 60 new Wagamama restaurants could be coming to the UK. 

The Asian food chain's owner, The Restaurant Group (TRG), said it wanted to operate between 200 and 220 premises across the country as part of a long-term plan. 

It's currently on track to open 10 new sites this year, which would create around 500 jobs, according to The Caterer. 

It comes as TRG posted its financial results for the year ending December 2023. 

It said Wagamama saw its dine-in like-for-like sales increase by 11%. 

It's other brand, Brunning and Price Pubs, saw sales go up by 10%. 

TRG's chief executive Andy Hornby said 2023 was a "genuinely transformational" year for the company. 

"We traded strongly throughout the year thanks to the phenomenal efforts of our restaurant and pub teams," he said. 

"We are on track to open 10 more Wagamama sites in the UK during 2024 and we have acquired 100% ownership of our Wagamama business in the USA." 

He added that he was "confident" that the company would continue to grow in the years ahead, despite the "challenging" consumer backdrop. 

Amazon has announced it will boost pay for tens of thousands of its UK workers by nearly 10%.

The online retail giant said the minimum hourly wage for frontline staff would rise to between £13.50 to £14.50, depending on their location. For those with 36 months' service, the increase will be to between £13.75 and £14.75 an hour.

Amazon said the pay rise was worth at least 9.8% and will come into effect on 29 September.

However, GMB, the union representing Amazon workers, said the move was "too little too late" from bosses who have been "forced to act by workers' industrial action".

Amazon workers in the UK have staged a series of strikes recently, including a walkout of hundreds of staff at the site in Coventry in March.

The company said it has invested £550m in increased pay for UK operations employees since 2022, representing a 35% increase in the hourly rate over the period.

Amazon UK's country manager John Boumphrey said: "Our frontline employees across the UK Operations network are a huge part of the success of our business and we appreciate everything they do to deliver for our customers."

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