2. Conduct simple legal research

2.14. Requests for Information

Receiving a request to conduct some research

In the workplace you may be asked to do some legal research to identify some information. This information might be needed so that a lawyer can give a client legal advice, it might be used as part of the process of formulating a case strategy or for writing a law reform submission. It may simply be to find out some information about an organisation or contact details for somebody. Or you may be asked to research and identify different types of information, such as:

·      what the law is on a particular issue;

·      identifying some relevant case law;

·      finding an article;

·      locating financial information;

·      collating some statistics;

·      correspondence; or

·      some international law.

A request for you to do some legal research may come from different people such as from a solicitor or barrister, internal or external staff, staff in another office or another party (your manager or Supervisor). You may receive this request electronically, paper based or verbally.

It is important to make sure you clearly understand what the task is and when it needs to be completed. It may be appropriate to acknowledge that you have received the request in accordance with office procedure. For example, if you received an email requesting you conduct some research, you would ordinarily reply to the email and confirm whether or not you can comply with the request, and the approximate timeframe.

 

Action the request for information

Once you have received a request to research and identify some legal information it is important that you process the request in line with your organisation’s procedures or recording system.

 

1.     Ensure that you record the request for information such as by:

·      Opening a file;

·      Making a file note;

·      Writing an internal memo; and/or

·      Ensuring copies are on the file (hard copy and electronic).

 

2.     Confirm client identity and needs.

If the request for information is from a client then it is important to make sure you get the information you need and do the appropriate checks before you start work. You will usually need to:

·      Record the name, date of birth and address of the client.

·      Record the details of other party (s).

·      Clarify the needs and expectations of the client.

·  You may need to discuss relevant criteria with your supervising lawyer or another colleague to ensure the client’s needs are met.

·      Confidentiality / right to receive information.

·      Conflict check.

 

3.     Appropriate response and formatting

Make sure you are clear about how you are expected to respond to the request. Different workplaces will have different requirements for how they expect you to present your research findings. For example, do you need to:

·      Prepare a file note?

·      Draft an internal memo?

·      Draft a letter of advice?

·      Prepare a report?

 

Your organisation will usually have some pro forma documents that you can use to help you to complete your work in the correct format. There may be requirements about the appropriate use of photocopies and originals. In some cases you will also need to forward the request to another person as part of this process.