To prepare a client’s case, a lawyer must be able to identify all
necessary information and retrieve it in a timely manner. A logical plan
of action begins with a critical review of the facts of the situation
and ends with an application of that information to achieve the desired
results. A successful strategy is simple, purposeful and efficient to
prevent the steps in between from becoming tedious and time consuming.
Collect the Facts
The first step is to collect and sort through all the relevant facts.
Identify the parties involved and their existing relationships.
Determine whether there are personal characteristics that have relevance
to the issue under consideration. Identify the specific events that
have resulted in the legal issue or dispute. Determine what happened and
when, who was present and the sequence of events. Record different
versions of what took place. Find out what claims are being made. For
example, parties could be seeking compensation for lost revenue,
property damage or physical injury. Resolve whether parties are
considering the dispute as a property issue, a tort, or perhaps a breach
of contract.
Define the Issues
From this preliminary
information, various legal issues will begin to emerge. It is not always
easy to definite clearly the most salient legal issue. Much depends on
how the facts are framed and presented. It is important to choose one
clear direction with the best chance of success. The facts do not
change, but controlling the issues at hand can have a critical role in
the outcome of a case. Identifying the right issue to pursue takes
practice. It also requires a flexible approach, as facts initially
considered unimportant may gain relevance and issues not previously
considered may require further evaluation. Sometimes this means
returning to the first step, to re-analyze relevant facts.
Research Relevant Law
Once the legal issues have been identified, the next step is to find
the laws relevant to the issues. Comprehensive, accurate research is
necessary to identify the primary legal sources, either the relevant
legislation or the legal precedents represented by case law. Sometimes
the interplay between the two will help shed additional light on the
issue at hand. Additional review of secondary sources can help clarify
precedents and statutes. Relevant cases have to be compared and
contrasted to the facts of the current issue, and statutes interpreted
and applied within the facts of the case at hand.
Use Online Resources and Legal Management Software
There are many sources of information for legal research. Printed books
and law libraries are a traditional source of information. These days,
however, the most efficient research is done electronically. Online
services offer a portal to almost unlimited information, from free legal
research sites, to fee-based database vendors.