Legal Research, Writing, and Ethics
Sources and Method
Legal research starts with primary authority - constitutions, statutes, regulations, and cases - and uses secondary sources (encyclopedias, treatises, restatements, law review articles) only as finding aids and persuasive support. Citators such as Shepard's and KeyCite check subsequent history and treatment; a case with negative treatment may no longer be good law. Statutory research uses annotated codes for legislative history and notes of decisions. Writing should follow IRAC or CREAC and use accurate citations. Ethics rules govern confidentiality, conflicts, competence, communication, candor, fees, and trust accounts. Paralegals must avoid unauthorized practice of law and must be supervised.
Traps
Secondary authority is never binding. A citator check is mandatory even for a case that appears on point. Confidentiality survives the representation. Conflicts may be imputed to the firm. Trust funds must be kept separately. Avoid advising clients or setting fees if not permitted.
Worked Example
IRAC: Issue - whether the statute of limitations bars the claim. Rule - the statutory period and accrual rule. Application - dates and discovery. Conclusion - barred or not. Rule of thumb: research primary law, citator-check it, then write with IRAC.