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The Legal Research Process

An 8-step iterative methodology for effective legal research.

Learning Objectives

After completing this section, you will be able to:

  1. Describe the three phases of legal research and the steps within each phase
  2. Apply the iterative research cycle to a new legal question
  3. Identify when your research is sufficiently complete to stop

Overview

Legal research is a cyclical, recursive process—not a linear one. You will move back and forth between steps as your understanding of the legal issues develops. Finding one relevant case often reveals new search terms, which leads to additional authorities, which may reshape your entire analysis.

This process is organized into three phases:

  1. Orient & Frame — Frame the issues, identify the jurisdiction, and get an overview of the relevant law
  2. Research & Collect — Consult secondary sources, gather primary authorities, and find related cases
  3. Validate & Organize — Update citations, stay organized, and confirm when you're finished

Key Insight

If a general web search is taking more than 10-15 minutes without yielding useful results, move on to secondary sources. They will provide the legal vocabulary and framework you need to search more effectively.

Where Does AI Fit in This Process?

Legal-specific AI tools (Westlaw's Deep Research AI, Lexis+ AI—not general-purpose tools like ChatGPT or Claude) can assist at several points in this workflow, but they do not replace any step. If permitted by your supervisor, AI can help you get an initial overview (Step 3), generate search terms, or surface authorities you might otherwise miss (Steps 4-5). However, every authority found via AI must be independently verified, and you must be able to explain how you could have found that authority through conventional methods. See AI Legal Research for verification requirements and the provenance documentation requirement.

Phase A: Orient & Frame

1

Frame the Legal Issues

Before you begin searching, clearly articulate the legal questions you need to answer. Consider:

  • What are the legally significant facts?
  • What legal claims or defenses are potentially at issue?
  • What terms of art might apply?
  • What outcome does your client seek?

Write out your research question in a complete sentence. This forces clarity and helps you evaluate whether sources are actually relevant.

2

Identify the Jurisdiction

Determine which jurisdiction's law controls your issue:

  • Federal vs. State — Does this involve a federal question, or is it governed by state law?
  • Which State — If state law applies, which state's law governs?
  • Choice of Law — In multi-state situations, which state's law applies?

This determination affects which courts' decisions are binding and where to focus your research.

3

Get an Overview

Before diving into primary sources, get a general understanding of the legal landscape. Use:

  • Legal encyclopedias (Am. Jur. 2d, C.J.S.) for broad overviews
  • Practice guides for practical context
  • Treatises for in-depth analysis
  • Law review articles for scholarly perspectives on unsettled areas

These sources explain the law in narrative form and cite key primary authorities, giving you a roadmap for the next phase.

AI option: If permitted, legal-specific AI tools like Westlaw's Deep Research AI or Lexis+ AI can provide an initial overview and suggest relevant areas of law. Treat any AI-generated overview as a hypothesis—verify the legal framework against secondary sources before relying on it.

Phase B: Research & Collect

4

Consult Secondary Sources

Secondary sources do the heavy lifting of legal research. They synthesize the law, explain its development, and identify the key authorities. Depending on your question, consult:

  • Treatises — Authoritative, in-depth analysis of specific areas
  • Practice Guides — Practical guidance including forms and checklists
  • ALR Annotations — Comprehensive collection of cases on specific narrow issues
  • Restatements — Influential summaries of common law principles
  • Law Reviews — Scholarly analysis, especially for novel or unsettled issues

See the Secondary Sources page for detailed guidance on each type.

5

Gather Primary Authority

Now gather the primary sources—cases, statutes, and regulations—that will form the backbone of your analysis:

  • Cases — Use digests, key numbers, or natural language searching
  • Statutes — Start with annotated codes, which include cross-references and case annotations
  • Regulations — Check the C.F.R. and agency guidance documents

Record the citations of relevant authorities as you find them. Note which authorities are binding versus merely persuasive in your jurisdiction.

AI option: Legal-specific AI tools can suggest cases you might otherwise miss. However, for any authority first located through AI: (1) verify it exists and says what the AI claims using the original source, (2) KeyCite or Shepardize it, and (3) document how you could have found it through conventional methods—see the provenance requirement. Going back to conventional methods after AI often reveals additional relevant authorities.

6

Use the "One Good Case" Method

Once you find a highly relevant case, use it to find more. This technique leverages the interconnected nature of legal authority:

  • Headnotes & Key Numbers — Find other cases classified under the same topics (Westlaw only)
  • Citing References — See which later cases cited your case using KeyCite or Shepard's
  • Cases Cited — Review the authorities your case relied upon
  • Related Searches — Extract useful search terms from the opinion's language

This method often uncovers authorities that keyword searching alone would miss.

Phase C: Validate & Organize

7

Update the Law

Before relying on any authority, verify it remains good law. This is non-negotiable.

  • Cases — Check KeyCite (Westlaw) or Shepard's (Lexis) to ensure the case hasn't been overruled, distinguished, or criticized on the point for which you're citing it
  • Statutes — Verify the statute hasn't been amended or repealed
  • Regulations — Confirm the regulation is still in effect

See the Citators page for detailed instruction on using these tools.

8

Stay Organized

Effective organization saves time and prevents errors. Develop a system that works for you:

  • Track your searches — Record what databases you searched, what terms you used, and what you found
  • Organize by issue — Group authorities by the legal issues they address
  • Note relevance — Annotate why each source matters
  • Use folders — Westlaw Folders, Lexis Folders, and Zotero can help manage sources

Your future self will thank you when you need to retrace your steps or update your research.

When to Stop

Knowing when research is complete is a skill that develops with experience. Look for these indicators:

  • You're seeing the same cases repeatedly — When multiple secondary sources and searches all point to the same authorities, you've likely found the key cases
  • You can predict search results — When you know what a search will return before running it, you understand the landscape
  • You have controlling authority — If you've found a binding case directly on point, your core research may be complete (though you should still verify and check for subsequent developments)
  • The law is settled — When authorities consistently reach the same conclusion without criticism or conflicting holdings

Warning

Missing a single contrary authority can undermine your entire analysis. Before concluding your research, specifically search for authorities that oppose your position. Consciously look for cases that were distinguished, overruled, or decided differently.

Next Steps

Now that you understand the research process, learn about the specific sources you'll use:

Check Your Understanding

  1. A partner asks you to research whether a non-compete agreement is enforceable in your state. What is your first step, and why?
  2. You have found three cases that seem on point. What should you do before relying on them in a memo?
  3. Describe two signs that your research is complete.