Clinic and Externship Success

• First, make a research plan - understand the problem (preliminary analysis)
  • Client(s), jurisdiction, facts, issue, possible sources
  • Practical factors: time allotted, final product required, limitation(s) on resources
• Identify search terms (organized brainstorming); methods to try:
  • Who, what, when, where, why
  • TARPP (Things, Actions, Remedies, People, Places)
  • This is a continuous process!
• Consult secondary sources for an overview of the legal area:
  • Secondary sources consist of writings, analysis, or commentary about the law (not the law itself)
  • They help users avoid piecemeal research, understand unfamiliar legal terms, and gain citations to useful primary authority
  • Practice aids, which are a type of secondary source, provide step-by-step guidance in handling client matters
  • You can search for secondary sources across a number of platforms:
    • OSU Libraries Catalog (search by keyword or subject heading; when you find a helpful title, use the subject headings tagged to that source to find other sources)
    • Westlaw (can search or browse by content type, state, topic, or publication series)
    • Lexis (can search or browse by content type, jurisdiction, publisher, or practice area)
    • Bloomberg (can browse lists of books and treatises, or search books by subject matter)
• Find controlling statutory authority (if any)
• Find relevant cases
• As you work, update and validate the sources (using a citator service like Shepard's on Lexis or KeyCite on Westlaw)

Employing a variety of search strategies will ensure that your ultimate work product is comprehensive and accurate. See below for some tips on how to employ Advanced Search and Boolean searching (i.e., going beyond "basic" or "natural language" searching in a given database).

• Use the "Advanced Search" screen and Terms & Connectors (i.e., Boolean searching), in addition to using "natural language" and "basic" searching
  • The advanced search screens in Lexis and Westlaw provide lists of terms & connectors (or "connectors & expanders")
  • In other databases, use the Help links (or related features) to find suggestions for crafting Boolean searches - don't try to figure it out on your own!
  • The Advanced Search options change depending on the type of source (i.e., secondary sources, cases, statutes, regulations)
• Terms & Connectors work best when you know enough about the law (and facts) to make a good guess about what language will appear in the opinion
  • Example of Terms & Connectors or Boolean search string: (whales OR dolphins) AND (legislation OR law OR statute OR regulation) AND pollut! 
  • If typing terms & connectors into Westlaw, include the abbreviation "adv." at the beginning
  • After running a search in Westlaw, use the "detail level menu" in the upper right corner to select the desired level of detail in your search results
• Narrow your search using the options in the left sidebar of the Lexis or Westlaw search screen (in Westlaw, make sure the "select multiple filters" option is turned on so that you can apply multiple filters at the same time). Filtering options include, but are not limited to:
  • Search Within Results (often requires Boolean searching)
  • Jurisdiction
  • Topic/Practice Area
  • Date
• There are many other guides that offer specific tips on case law searching/advanced searching. Here are a few:
  • University of Chicago D'Angelo Law Library: Advanced Searching for Bloomberg Law, Lexis, and Westlaw
  • Stanford Law School Robert Crown Law Library: Case Finding and Advanced Search Strategies
  • Georgetown Law Library: Case Law Research Guide: Basic Search Connectors
  • Franklin County Law Library: Lexis and Westlaw Compared page (has tabs on finding content, search connectors, segment & field searching, and search features compared)

You should stay organized in the way that best works for you. However, here are some suggestions for organizing your legal research plans:

• Lists (of search terms, of your preliminary analysis bullet points, etc.)
• Grids/spreadsheets
• Mind maps

Research folders are a specific way to organize and manage the sources you collect for a project. See the links below for instructions on how to create and use research folders in Bloomberg, Lexis, and Westlaw:

• Bloomberg Law Product Help & Walkthrough: Workspaces and Saved for Later
• Folders on Lexis+ [2:25]
• Westlaw Edge Collaboration Tools: How to Use Folders to Organize My Research [3:05]

Finally, as you begin and work through your research, keep in mind these key traits of a sound researcher:

• Uses an efficient, well-thought out strategy
• Is thorough, examining all potentially relevant issues and sources
• Is persistent when the answer does not initially present itself
• Knows when to seek guidance from colleagues or librarians
• Updates research (using citators) along the way
• Recognizes that research is an iterative, non-linear process!