Beyond Google: 5 Legal Research Steps to Make You Look Like a Pro
We’ve all been there. A partner walks over to your desk, explains a thorny legal problem, and ends with, "Can you just do a bit of research on that for me?" The first instinct for many is to open a browser and type the problem into Google.
While a quick search can sometimes help you get your bearings, relying on it for professional legal work is fraught with risk. You can find outdated case law, articles from the wrong jurisdiction (a fatal error in Australia’s state-based system), or information without the necessary nuance and authority.
To truly add value and build your supervisor's confidence, you need a systematic approach. Here are five steps that will transform you from a legal searcher into a professional legal researcher.
Step 1: Frame the Question and Brainstorm Keywords
Before you dive into any database, stop and think. What is the precise legal question you are trying to answer? A partner’s instructions are often broad; your first job is to distil them into a specific, answerable query.
Deconstruct the Problem: Break the scenario down into its core components: the parties, the cause of action, the jurisdiction, and the desired outcome.
Brainstorm Keywords: Create a list of keywords and synonyms. Think in both plain English and "legalese." If the problem involves a workplace injury, your list might include:
Plain English: "injured at work," "workplace accident," "employee safety."
Legal Terms: "negligence," "duty of care," "vicarious liability," "breach," "Workers' Compensation and Injury Management Act 1981 (WA)."
This initial planning stage prevents you from falling down irrelevant rabbit holes and focuses your entire research process.
Step 2: Begin with Secondary Sources
This is the single biggest step that separates pros from amateurs. Instead of jumping straight into case law, you start with sources that explain the law. Secondary sources are your map to a complex legal landscape.
What are they? Legal encyclopedias (like Halsbury's Laws of Australia), textbooks, legal commentary services (available on platforms like LexisNexis AU and Westlaw AU), and academic journal articles.
Why start here? These sources provide a comprehensive overview of the legal principles in a specific area. They summarise the current state of the law and, most importantly, they point you directly to the leading legislation and seminal cases you need to read. It’s like having an expert guide you to the exact section of the library you need.
Step 3: Drill Down into Primary Sources (Legislation and Cases)
With the context and signposts from your secondary research, you are now ready to engage with the primary sources of law.
Legislation:
Find the relevant Act mentioned in your secondary sources.
Crucially, check that you are using the most current version. In WA, you can use the official Western Australian Legislation website to see the in-force version and any recent amendments.
Always read the "Definitions" section at the start of the Act first. The legal definition of a word can be very different from its everyday meaning.
Case Law:
Start with the leading cases identified in your secondary sources.
Use a case citator. This is non-negotiable. Tools like CaseBase (LexisNexis) or FirstPoint (Westlaw) will tell you a case's history. Has it been appealed? Has it been followed, distinguished, or overturned by later cases? This step ensures the authorities you rely on are still "good law." A citator is your safety net against citing an irrelevant or overturned case.
Step 4: Synthesise Your Findings
You've gathered the puzzle pieces—now you have to put them together. The goal is not to present your supervisor with a long list of cases and legislative provisions, but to provide an answer.
Build an Argument: Start with the governing legal principle from the legislation.
Use Cases as Illustrations: Use the case law to show how that principle has been applied in factual scenarios similar to your client's.
Answer the Question: Constantly refer back to the specific question you framed in Step 1. Are you actually answering it? Don't get so lost in the detail that you lose sight of the objective.
Step 5: Present Your Answer in a Clear Memo
How you package your research is almost as important as the research itself. A well-structured memo makes your work easy to understand and act upon.
Follow a simple structure:
Question: Restate the question you were asked to research.
Short Answer: Provide a concise, direct answer at the very top. Your supervisor is busy; give them the conclusion first. (e.g., "Yes, the client likely has grounds to claim breach of contract.")
Analysis: Set out your reasoning in a logical flow. Explain the legislation and the relevant case law that led you to your conclusion. Use headings to guide the reader.
Recommendation / Next Steps (Optional): If appropriate, suggest the next logical step based on your findings (e.g., "I recommend we draft a letter of demand," or "Further investigation into X is required.").
By following these five steps, you move beyond simple searching. You engage in a professional, methodical process that ensures your work is thorough, accurate, and genuinely useful. This is how you build a reputation for reliability and become an indispensable member of the team.
