Where to start your research? What sources of information do you need?

It is important to be aware that there is a large range of resources that can help you with your research. They may be online, in hard copy, at an organisation or with a person. Being aware of different sources of information will help you be able to identify which sources will help you to complete your research task.

 

Different Sources of Information

1)    Relevant Sources of Information

In a legal environment there are a lot of different types of information that you may need to access. You may be asked to identify and research the following relevant sources of information:

·      Legislation

·      Case law

·      Agreements

·      Articles (journal, newspaper)

·      Client files

·      Court documents

·      Affidavits

·      Financial information

·      Internal Correspondence

·      Letters

·      Media (audio, television, video)

·      Precedents

·      Statistics

·      Transcripts

·      Internet

·      Organisations

·      Specialists

There is a broad range of legal research tasks you may be asked to do. There is also a diverse range of relevant resources that you might need to access so that you can complete your research. Once you have identified the relevant sources of information you will need to identify exactly which document(s) or parts of document(s) you need.

You may need to:

·      find a section in an Act;

·      locate a quote from a judge in a case;

·      collate some sentencing statistics; or

·      you may need to summarise a case file and draft a chronology.

Every research task will be different so it is important to keep in mind exactly what the request is so that you can efficiently locate the relevant information.

 

2)    Location of Information

Relevant sources of information may be available online or hard copy. Your sources may be in different locations such as in databases, search engines, the library, at the court registry or the client’s files. In many cases you will need to locate information from more than one source and more than one location. 

 

3)    Types of Information

Different types of information include:

·      Agreements;

·      Certificates;

·      Correspondence;

·      Journals,

·      Court Documents;

·      Organisational Reports;

·      Medical Information;

·      Statistics;

·      Legislation; or

·      Reports

 

Accessing Sources

Once you have worked out where you need to look for the information you will need to think about how you can get access to the particular resource. In some cases this might mean ensuring that you have a username and password to access a particular database such as LexisNexis or the Federal Register of Legislation. You may need to ask you client to fill in a Freedom of Information form so that you can make a request for some information from a government department that is otherwise protected by Copyright or Privacy Laws. You may need to comply with an internal office procedure to access a case file. You may need to write a letter to the court requesting a document.

It is important to make sure that you find out what procedures are in place for accessing the resource you need and that you take steps to resolve any issues as quickly as possible. For example, if you need a username and password you should ask you Supervisor who is the best person to ask to get this information. If you need to write to the court you should find out what proforma letter is used by your office to do this.

 

Obtaining Information

Once you have identified your information source and how you can access it the next step is to get the information so that you can use it in accordance with your request. Usually this will mean getting a copy of the resource. You may need to:

·      Print out an entire document or

·      Cut and paste sections of a document.

 

In some cases there may be a fee for obtaining a copy of a document. Often this is the case if you are requesting documents from a court. In some cases you can apply to have the fee waived.

Maintaining Confidentiality, Accuracy and Integrity of Information

Make sure you are aware of any organisational guidelines about security and confidentiality procedures that may relate to the information. This might apply to court dates, fees, health history or personal history.  It is also important to also ensure the integrity of the document by making sure that you have a complete document, that all the pages are there and in the correct order and it is neat.

 

Have you completed your research task?

Once you have obtained a relevant source of information as part of your research it is important that you make sure it actually meets the need of the request. There are different things you can do to achieve this. Such as:

·      You could look at the research request again and clarify exactly what is required and what your client’s needs are. You may then need to examine and analyse the information you have found to see if it is exactly what is needed.

·      You may need to evaluate whether this resource completely addresses the request or if some additional research needs to be done. It may be that this source of information is only part of what you need and you need to do some additional research.

·      In some cases you may need to edit or summarise the information.

·      You may need to combine a number of resources together to adequately respond to the request. For example you may need to combine a section from an act, a paragraph from a precedent and a page from a current journal article.

 

Each case will be different so it is really important to be clear about what is needed, both in terms of the information request and the client’s needs.

 

Compiling your Research

Once you have completed the research you will need to present your findings in a particular format. In some cases you will need to prepare a report or some other type of correspondence such as an internal memo or a file note. Regardless of the format it is important that you accurately, clearly and concisely present your research findings. Thinking about the structure of your report can also be helpful at the beginning of your research as it can help you to clarify exactly what it is you are looking for.

 

Structure

Firstly identify what is the appropriate format for presenting your research findings. (This should have been made clear at the outset when the research request was made.) You will need to plan how you will structure and present your findings.

An example structure for an internal memo could be:

1)    Research Task: To locate the relevant NSW law relating to High Range Drink Driving Offences, specifically relating to sentencing considerations.

2)    NSW Legislation

3)    Key Guideline judgment

4)    Key circumstances identified in the guideline judgment that the court takes into account in sentencing

5)    Relevant client circumstances

 

Another example:

1)    Research Task: To prepare a chronology for a client’s family law case.

2)    List key documents used (index)

3)    Prepare a table with a brief summary of each document

4)    Put copies all the documents in chronological order in a separate folder with dividers and an index, placing an index at the front.

 

Another example:

1)    Research Task: Prepare a report summarising the law in all Australian jurisdictions on domestic violence law.

2)    Synopsis

3)    Introduction on domestic violence law

4)    Chapter on the law each State and Territory

5)    Conclusion/ Summary

 

People have different styles and often the research task itself will help you to structure your report. For longer documents it is useful to put a summary or synopsis at the beginning of the report or a summary table of your research findings.

 

Using Plain English and Editing

It is important to make sure that your research findings can be easily read and understood. This is particularly important if you are drafting work for someone who is not familiar with the law, such as a client. To do this you need to:

·      Use clear and concise language.

·      Use plain English.

·      Use correct grammar and spelling.

·      Proof read your work.

You may ask a colleague or Supervisor to read your work to ensure it is easily understood and conveys the meaning you intended.

 

Organisational Requirements

Each organisation will have its own requirements about formatting and procedures relating to reports and correspondence. Most organisations have requirements for the format of their documents such as:

·      When to use letterhead.

·      Correct line spacing, margins.

·      Placing of headings.

·      Use of cover sheets.

·      Use of headers and footers.

 

You should make sure that the document conforms with the organisation’s policies and procedures. In some cases you can do this yourself, in other cases a colleague may be able to assist you with this. Some examples of an organisation’s policies and procedures are:

·      Protocols for accommodating specific client needs such as using an interpreter or contacting a parole officer.

·      Customer service protocols.

·      Security, privacy and confidentiality procedures.

·      Format of report or correspondence.