Legal Research Basics

Legal research and analysis is the process that lawyers use to determine what laws apply to the facts of their case, which facts are relevant to their claim, what type of remedy they can ask for in court, and what other cases might impact the judge’s decision.

The process of applying the law to the facts of your case and arguing for a specific outcome requires more training than any single guide can provide. So, this guide does not replace the expertise of an attorney, particularly when presenting the findings of legal research to a judge in court. How to Research a Legal Problem: A Guide for Non-Lawyers offers a more thorough explanation.

Statement of Facts

The first step in legal research is to write a statement of facts. Do this to help yourself understand everything that has happened, or is happening, in your case.

• Sit down and write out everything that has happened so far, and everything that is currently going on.
• Do include facts you consider unimportant. Sometimes facts that seem unimportant can make a big difference in the court process.
• Revise it to make sure it is accurate and reflects the facts of your case.

Timeline

• Include dates when each incident took place. Use those dates and your statement of facts to make a case timeline as well.
• In the case timeline, list dates from the time your problems started until the present day, along with the events that occurred on those dates.
• This visual reference will help you keep important dates in your case straight as you go through the legal research process.

The second step is to understand the legal problem you are dealing with and what you hope to achieve by the end of the process. Figuring out where to start your legal research can be tricky. It might help to write down the issues you are facing and what your ideal outcome would be. Think about what a fair compromise might look like.

The type of legal issue you have will determine what kind of law you need to research. For example, if you are a noncustodial parent under a court order but want to become the custodial parent, you may need to change the court order. This means you have a family law issue related to modifying a court order, so your legal research should focus on family law and modification.

Read Finding Legal Information and Reading About the Law. It describes Texas legal information resources, both online and offline, for example:

• Glossary of Legal Terms
• Finding General Legal Information
• Finding Specific Legal Information
• Treatises, Handbooks, and Practice Guides
• Offline: Law Libraries
• Online Legal Research Resources
• Form Books
• Electronic Databases
• Rule Books
• Statute Compilations

Legal analysis means applying the law to the facts of your case. Once you figure out which law applies, make sure it is current and binding. After reading and understanding the law, you can begin your legal analysis and writing.

At this stage, lawyers usually write a document called a legal memorandum. This document explains the facts, states the legal issue, applies the law, considers the opposing side’s argument, and predicts the likely outcome. A legal memorandum gives you a clear summary of the law in your case. Many legal writing books include instructions on how to write one. Writing a legal memorandum is complicated, and it can be difficult to do alone.

To understand what to do at each step of your case, consider hiring a private attorney for limited scope representation. You can also check practice guides, legal handbooks, and form books (also called practice manuals).

If you need to write your own legal memorandum or brief, you must know how to properly cite the law. If you must write your own memorandum or brief, you will need to know about how to correctly cite the law. The Indigo Book is a free online legal citation manual.

To understand what to do at each step of your case, consider hiring a private attorney for limited scope representation. You can also check practice guides, legal handbooks, and form books (also called practice manuals).

If you need to write your own legal memorandum or brief, you must know how to properly cite the law. If you must write your own memorandum or brief, you will need to know about how to correctly cite the law. The Indigo Book is a free online legal citation manual.

For a general overview of the Texas civil litigation process, read Civil Litigation in Texas: The Basics in Three Phases.

If legal aid has denied your case, you can't afford a lawyer, and you have no choice but to represent yourself, consider hiring an attorney for limited scope representation (or "unbundled legal services"). This is a more affordable way to get help from an attorney in private practice. Not all lawyers offer this service, but it may be an option for you.