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Law research is performed by anyone with a need for legal information, including lawyers, law librarians, and paralegals. Sources of legal information range from printed books, to free legal research websites and information portals to fee database vendors. Law libraries around the world provide research services to help their patrons find the legal information they need in law schools, law firms and other research environments. Many law libraries and institutions provide free access to legal information on the web, either individually or via collective action, such as with the Free Access to Law Movement. One of the most important steps in any law research project is determining whether the statutes, regulations, and cases that you want to cite are still "good law." This process goes by a number of terms: updating, cite checking, verifying, or validating. You may also hear it called Shepardizing or KeyCiting, after the two big citators. These terms always include, at a minimum, determining whether the authorities you cite are still applicable and current. Whether something is good law, and how you make that determination, depends on the type of authority that you want to cite. We will cover how to determine if an authority is still good law when we cover each different type of authority, but here is an overview. A statute cannot be good law if it has been repealed or declared unconstitutional. A regulation cannot be good law if it exceeds the statutory delegation of authority or is inconsistent with the authorizing statue. A case cannot be good law if it has been reversed or overruled, or if the statute on which it was based has been changed.


To determine whether a statute is still good law, you need to check when the statutory code you are using was last updated, and then check the session laws for statutes enacted since that update. For statutory codes in print, check the pocket part or supplemental pamphlets shelved with the code. You must also check to see if any cases have held the statute to be unconstitutional. The process for determining whether a regulation is still good law is similar to the process for statutes. Although publishing schedules and arrangements vary from state to state, generally you must check when the regulatory code was last updated, and then check the register for regulations adopted since that update. You must also check the authorizing statute, as described in the previous paragraph. To make sure that a case is still good law, you must check to see if any subsequent cases have reversed or overruled it. You must also check the statutory code to see if any statutes enacted since the case was decided have changed the common law or statute on which your case was based. Law resources on the web can be at least as out-of-date as print resources, and it can be difficult to tell when they were last updated. Check carefully to be sure you know when the law on a website was last updated, not just when some feature of the site was updated. Making sure that the statutes, regulations, and cases are good law is a lot of work, but it is much better than relying on research that may no longer be current or applicable.


Writing in the field of law is a skill that can benefit from effective coaching but, in the end, comes down to practice and repetition. Hopefully, the tips that follow can help you avoid some of the major obstacles encountered by new legal writers. I. Start Early: This is the most obvious yet most often ignored piece of advice given. Giving yourself the largest amount of time possible makes the entire process less stressful and allows for adequate proofing and revising. Especially when you are new to law research and citation, giving yourself the extra time to Shepardize or Key Cite and check citation form can make the difference between a C and an A. II. Distill the Concepts Down to the Simplest Components: The best writing is capable of conveying even the most complex issues in a simple, easy to understand way. Try to state concepts as simply as possible while still communicating the necessary information. Remember that writing in the field of law is about communicating with a “practitioner who will ultimately use [your] writing to make important decisions.” Not every lawyer or judge will be an expert on the particular area of law you are writing about. You need to educate them and convince them of the merits of your case. Think of your “legal writing supervisor [as] simply a stand-in for the legal reader.” A good question to ask yourself when writing is whether a lay person would be able to follow your arguments. Someone who knows nothing about the law, probably won’t understand every nuance of the legal doctrine discussed, but they should be able to follow the argument through to the conclusion. III. Avoid Lawyerisms: Legalese is epidemic among new law writers. Every pop-culture reference to attorneys instills the idea that writing in the field of law is complicated, verbose, and obfuscatory. Good writing in the field of law, however, is clear, simple, and written in plain English. Examples of Lawyersisms to avoid include: aforementioned, whereas, res gestae, hereinafter, arguendo, said (as an adjective), aforesaid, beseech, inter alia. There is almost always a plain English alternative to a lawyerism. IV. “Murder Your Darlings”: Also known as the Stephen King rule and typically associated with creative writing, this general rule suggests cutting ten percent out of your first draft when making your first round of revisions. This rule is equally as applicable to writing in the field of law, especially if you are a law student up against a tight word limit on writing in the field of law. Setting a somewhat arbitrary goal of cutting ten percent is a great way to force yourself to catch passive voice, legalese, verbose language, and redundant language. Following this rule results in more clear, concise, and polished prose. V. Proofread: This is another obvious but ignored piece of advice and it goes hand-in-hand with number one above. Be sure to set enough time aside before the deadline to read through your document. Developing a custom checklist can help you revise in a systematic way that eliminates as many errors as possible. VI. Avoid Over Use of Acronyms: In an effort to save space and be concise it is easy to fall into the trap of over using acronyms. By all means shorten lengthy party names or titles but, put some thought into the short form you choose. Will the reader know what you are discussing three pages later, or will she need to refer back to decipher it? VII. Identify Parties with Specific Descriptors: Use terms that place the parties into context, or just use names. Try to avoid calling everyone Plaintiff or Defendant. Doing so can make your writing very dull and confusing, particularly if you are discussing multiple cases in close proximity to each other. VIII. Try not to Over-Sell your Case with Adverbs: It can be tempting to argue that your case clearly satisfies a legal test or that the court will obviously decide in your favor, but doing so can irritate your reader and add unnecessary bulk to your writing. The adverb adds nothing of significance and can make your writing come across as desperate or sound as if you are attempting to over compensate for a weak case. IX. Avoid Beginning Every Sentence with “In [Case Name], . . .”: This pattern is easy to fall into when you are new to law analysis. There are several problems with this sentence structure that make it very undesirable. First, it gets monotonous very quickly; second, it requires using an embedded citation that makes writing harder to read; and finally, it wastes an incredible amount of space. By getting straight to the point saves space and improves readability. X. Take Note of Good Law Writing when Reading: When you are reading for classes, pay attention to the writing in your casebooks. Once you begin to pay attention, you will notice a lot of horrifically bad writing in the field of law, but also some very good writing. By actively analyzing the legal writing of the many judges and professors you will encounter, you will begin to get a feel for the tone, sentence structure, and word choice of great writing in the field of law.


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