It is well known in the legal professional circles that by not doing proper and sufficient legal research it is possible for the judge to give wrong judgments. Yet quite often sufficient legal research is not done. However, it is never the duty of the judge to do legal research on behalf of the client.
During litigation, briefs are prepared by the attorneys with the following objectives.
- Apply the law to the facts of the case
- Explain why a client should win the trial
- Put forward the facts in a case
The law professional has to refer to different citations and find similar cases to support his arguments and get the right judgment. It is essential for the lawyer to remind the judge about the controlling law in the jurisdiction even though the judge is aware of the law for familiar cases. But in unfamiliar cases the lawyer will need to explain in detail the law applicable supported by relevant citations and statutes.
The importance of legal research is obvious when some times a judge even becomes prepared to make a new law in his jurisdiction based on the authoritative citations referred in a brief.
Quite often when the lawyer finds no case on point it becomes imperative for him to do extensive legal research and discover a case on point in a foreign jurisdiction, find similar cases and make a unique argument, or argue from certain basic principles like the federal constitution or maxims of equity. Legal research is significantly done to find and include all the relevant legal theories and to avoid those legal theories that have failed in the past. Lawyers have to do legal research and familiarize themselves with all aspects of the case so that they are in a better position to spontaneously respond to difficult questions asked by the judge.
Professional and highly affordable outsourced legal research services are available today that can greatly enhance the performance of the lawyer/law firm and save precious time and money. Managed Outsource Solutions is a US based legal outsourcing services provider with special focus on legal research, patent research, litigation support and other back office supports like legal transcription and legal documentation.