Asking Others to Do Legal Research
Great posting from an Illinois site discussing legal research assignments that is just as relevant here.
Considering the advice is so sensible, this news needs to get wider circulation:
Here is the information that should be transferred, and so often isn't:
* The name of the case, the identity of the party we represent, and how to bill the time;
* The issue that needs to be answered;
* The facts of the case I think are most pertinent to the issue;
* The procedural posture of the case and how the work product will be used–for a motion to compel, for a response to a motion for summary judgment, for an evaluation letter to the client, etc.
* Whether I think the issue has been researched at any other time in the office, and how to find the old research;
* The result I want to reach, i.e., what I'd like the answer to be, if possible.
* The approximate amount of time I think the project should take, and the form it should take when it's returned to me–an informal memo, a formal memo, a legal brief, a draft letter, etc.
My form also includes:
- deadline (and whether it's a firm deadline)
- what the research will be used in: pleadings (and what kind), speech, law review article, just general curiosity (yes, sometimes I get those too)
- the general area of law (e.g. 'debtor/credtor') and specific area if possible ('guarantees'; 'sureties') – if you think this is spoon-feeding with articling students you are sorely mistaken
- leading case and/or essential statute/reg or leading article (why sabotage the researcher by saying "but why didn't you find the 'insert leading case here' this is all garbage?!") This is worth the extra time to do considering all the time it will save the researcher and the product will be what you are looking for anyways.
I actually use this form, so the student (or I) can sit in front of the lawyer and tick it all off so they take the time to assign the project properly. – John Lawford