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Legal Research and Writing (From Working With Legal Assistants - A Team Approach for Lawyers and Legal Assistants, Volume 2, P 341-375, 1981, Paul G Ulrich and Robert S Mucklestone, ed.)

NCJ Number
83124
Author(s)
P G Ulrich; S P Clarke
Date Published
1981
Length
35 pages
Annotation
This paper explains the use of legal assistants in legal research and writing and provides guidelines on research methods and principles of effective writing.
Abstract
Legal reference work involves the knowledge of reference materials and the ability to gather sources for more critical evaluation. Legal reference and fact gathering as well as legal research provide the foundation for briefs, motions, and memoranda in litigation and appellate practice. Lawyers should delegate as much legal reference work as possible to qualified assistants. A researcher does not need to have prior education in the particular subject matter or research method, but must have intelligence, motivation, and aptitude as well as careful instruction, supervision, and review by the lawyer. The lawyer should inform the assistant of the relevant facts, the issues involved, the desired result, the anticipated time required for the project, and the deadline for completion. In addition, the lawyer should provide guidance on sources and instruction in basic legal reasoning. Research assistants must understand the assignment, identify the issues, consult primary and secondary authorities, reexamine the issues presented, find the law, and read the relevant cases. Researchers should use clear and orderly writing and should base all conclusions on authorities. A bibliography lists seven sources. Supplementary papers explain the nature and content of various categories of legal reference materials, present guidelines for conducting legal research, and the basic principles of effective writing.