Introduction

Precision and thoroughness are paramount. In this guide, we will delve into the intricate process of conducting legal research, equipping you with the knowledge and strategies necessary to navigate through statutes, regulations, and case law effectively.

Understanding the Basics | What is Legal Research?

It can be an abstract question.

No, there is no process taught or applied universally. It depends from practice to practice and more often, from lawyer to lawyer.

Legal research involves the systematic exploration of legal principles, statutes, case law, and other sources to find answers to legal questions or support legal arguments.

Now after defining what legal research is, I will also point out that knowing what legal research means and how to define it, does not necessarily mean that you know how to do it. However, in this guide I will provide a vague approach with some simple tools you can use. Having this approach as a foundation will atleast aid in the process of developing your own research process.

Importance of Legal Research

Effective legal research is fundamental for attorneys, paralegals, law students, and anyone dealing with legal matters. It ensures accuracy, informs decision-making, and strengthens legal arguments.

Steps

1. Reading the Contract or Understanding the Circumstances

   The first step in legal research is understanding the scope and context of the issue at hand. If a contract is involved, carefully read through its terms and clauses to identify relevant clauses and obligations relating to the legal dispute.

   Even in the absence of a written contract or agreement between parties, it is still important to get down to the core of what the dispute is about. Ask yourself, what does my client want?

2. Identifying Applicable Legislation

   

   Once you comprehend the contractual obligations, determine the relevant laws and regulations governing the subject matter.

   This may involve legislation, common law, textbooks.

   If we are completely honest, you will in all likelihood end up doing a google search first especially when the issue at hand is fairly new to you.

   My personal first step when needing to identify relevant legislation pertaining to a specific matter, is the University of Pretoria's Current Legislation page. This is a source, which categorizes South Africa’s legislation quite well.

3. Dive into Legislation

   1. Analyzing Legislative Texts

      Thoroughly examine the relevant statutes and regulations, paying close attention to key provisions, definitions, and exceptions. Highlight any ambiguous terms or legal concepts requiring further clarification.

   2. Identifying Legal Jargon

      Legal documents such as contracts, pleadings, legislation or even case law, often contain specialized terminology or jargon unique to the field. Identify these terms and phrases, as they serve as crucial keywords for conducting effective searches.

4. Leveraging Legal Databases

   1. Utilizing Platforms like LexisNexis, Jutastat, HeinOnline or Westlaw

      Harness the power of online legal databases such as LexisNexis, Westlaw, and Juta to conduct comprehensive searches. These platforms offer vast repositories of legal resources, including cases, statutes, regulations, and secondary sources.

   2. Crafting Search Queries

      Formulate precise search queries using the identified legal jargon and relevant keywords. Employ advanced search operators and filters to refine results and locate authoritative sources that directly address your research objectives.

      For this you should be able to use search terms found within the contract or relevant section numbers found in applicable legislation.

      Of importance here is to realise that every new case you read should be expanding your vocabulary on the legal issue at hand, which should make every subsequent search more accurate.

5. Evaluating Search Results

   1. Cross-Referencing Sources

      Cross-reference information from multiple sources to verify accuracy and consistency. Compare interpretations of the law from different jurisdictions or legal experts to gain a comprehensive understanding of the issue.

      You will be pleased to know that you are grasping a new concept when you can pick up mistakes in some sources by cross referencing them with other sources.

6. Formulating Courses of Action

   1. Synthesizing Research Findings

      Synthesize your research findings into a coherent analysis of the legal landscape surrounding the issue. Identify potential legal arguments, precedents, and avenues for resolution based on your interpretation of the law.

   2. Providing Strategic Counsel

      Based on your analysis, offer strategic counsel to your client, presenting them with at least two viable courses of action. Advise on the potential risks, benefits, and implications of each option, empowering them to make informed decisions.

Conclusion

Mastering the art of legal research requires experience, diligence, critical thinking, and a deep understanding of legal principles. But even further it takes a solid grip on language and objective interpretation of various sources. By following the systematic approach outlined in this guide, you can navigate through complex legal issues with confidence and competence. You will start to find your own shortcuts, and start building a system which works for your unique needs.