The Role of the Paralegal in Legal Research and Writing
Essential Legal Research and Writing Skills for Paralegals
At the core of the paralegal profession is legal research and writing. Because paralegals are required to assist in all phases of the legal process, issues often arise that require paralegals to conduct thorough and accurate research and the drafting of various legal documents. Legal research and writing are two of the most important aspects of any paralegal’s job. Having strong legal research skills enables you to efficiently and accurately carry out complex and detailed research tasks and you can confidently draft top quality written work product for your supervising attorneys. Strong legal research and writing skills are also essential to being a successful corporate paralegal . At the beginning of any case or legal matter, for both transactional and litigation paralegals, paralegals conduct a great deal of research, often with the goal of initiating, responding to and/or resolving issues within a case. In cases that eventually go to trial, the opening and closing statements, as well as the objections, motions and pleadings, are examples of the types of legal documents that paralegals may be asked to draft. It is crucial that you stay current on all updates to federal, state, and local statutes, rules, and ordinances, as well as retaining up-to-date continuing legal education (CLE) and reference materials. An attorney’s trust in your legal research and writing ability can result in a substantial delegation of tasks and responsibilities to you, reducing his/her workload and allowing him/her to focus on higher value or specialized tasks that only an attorney is qualified to do.
Fundamental Legal Research Skills
Section 1: Core Skills for Legal Research
When evaluating core competencies needed for effective legal research, proficiency in a variety of software tools is essential. Familiarity with online legal research databases is a necessity for any paralegal, but so too is the ability to think like a lawyer and present information that informs and advises counsel rather than simply relaying a collection of facts. Analytical thinking and attention to detail are core skills needed by paralegals in their legal research tasks.
As part of those tasks, the ability to navigate multiple legal directories, resources, and other databases will be expected. Familiarity with appropriate legal resources as well as the proficiency with which the paralegal can access those resources becomes part of the quality of the final report or product from the research. Database searches are generally not done in a vacuum and paralegals are expected to have full knowledge of the major tools available to them so that they are able to fully cite their sources and provide a logical organization to their findings.
Attention to detail is required across the board for paralegals, but it can be doubly important in the area of legal research. Information entered into a database incorrectly or improperly can corrupt the entire search and create gaps in information. Paralegals also need to serve as the gatekeepers for information being passed along to attorneys and need an eagle eye for detail in being able to evaluate the validity of sources or the relevance of data put before them.
Techniques in Legal Writing
Paralegals must master several legal writing techniques in order to successfully fulfill their job requirements. Legal writing is unique in that it requires a certain style of writing that is not typically utilized in other areas of the writing field. While clarity, specificity, brevity, and persuasiveness are all important elements of legal writing, there are several other specific items that paralegals must always keep in mind. Writing must be technically correct, meaning that it has to contain the right terminology, grammar, mneumonics, formulas, and more. Paralegals must also be aware of the need for proper formatting and citations – again, elements that are unique to the legal field.
Legal drafting is very different from legal research. While the former gives the writer a chance to be more inventive, legal writing requires strict adherence to defined forms and a highly technical approach. When drafting, paralegals should always be aware of the nature of the document they are creating and write with a firm understand of how the document is formatted. In addition, the document must be appropriate for the intended audience and venue. For example, writings intended for judges are much more formal than those written for clients.
Research Tools and Resources for the Modern Paralegal
Traditional legal research for paralegals includes the use of both primary sources such as constitutions, court decisions, statutes, and administrative codes and secondary sources like encyclopedias and treatises. While these resources must be available in order to thoroughly conduct research, virtually all resources are virtual these days and can be accessed online.
Primary Resources are Nearly All Digital
Online legal research databases are terrific because they’re fully searchable and provide lots of great results. Well-known databases include PACER (Public Access to Court Electronic Records), Courtlink, and the Online Legal Research System. Another well-known research system is Westlaw, which provides access to thousands of lawsuits, statutes, regulations, and court and administrative laws both state and federal. This great resource helps legal professionals check the validity of laws currently or previous enacted. An alternative is LexisNexis, another database fully searchable offering of cases, statutes, regulations, and administrative codes and decisions. These are just two examples of comprehensive legal research databases available online.
Secondary Resources Can Be Found Online, Too
The most complete paralegal law library may be available online. When you search a database for a particular topic, it may offer pieces from encyclopedias, treatises, dictionaries, and legal periodicals as part of the results. All of these pieces of information build on the law, provide commentary, and are offered as secondary sources for reference and informational purposes. You can also find encyclopedias, treatises, and dictionaries online through Google Scholar; Simply search for "legal encyclopedia" or "legal treatise" through this free database and you’ll find what you’re looking for.
Common Legal Research and Writing Issues and Solutions
Common challenges paralegals may face during legal research and writing include time constraints, conflicting information, or difficulty understanding the legal issues at hand. These challenges can lead to wasted time on irrelevant or repetitive research, unorganized legal documents, and poor legal arguments. To combat these issues, paralegals should take a proactive approach to legal research and writing. This includes developing a plan of action before beginning research or drafting. When starting a legal writing project, spend time outlining and organizing your thoughts. Take the time to think through the various issues you will need to address. Having a well-structured outline keeps you organized while allowing you to keep your writing laser focused on your argument. Skipping this step is a loss of time , as missing points will require reworking of the document, as well as a loss of credibility. Additionally, be sure to track your sources carefully. This will save you lots of time when it comes to formatting your citations. Additionally, some jurisdictions require strict adherence to specific citation guidelines. Will your writing need to comply with the Bluebook, ALWD guide, or some other format? Being prepared for the specific expectations of the court will also save time. The success of any paralegal’s legal research and writing project relies heavily on the speed and comprehensiveness of the work. You will make your attorney-client relationship more efficient by delivering your work product without delay.
Enhancing Career Development for Paralegals
As with any profession, paralegals have to keep up with changes in the law, legal writing, and research practices. Technology is in a constant state of change and evolution. Those of us who love research, writing, and proofreading must pay attention to new technology and automated processes.
There are many ways to keep up with professional development, here are a few of my favorite:
Libraries continue to provide on-line classes and conferences. I find these to be great one hour courses and a great value. River Campus Researchable is another source for webinars, local events and on-line courses.
A quick Google search – "legal research courses" or "legal writing for paralegals" will bring up a multitude of results. A favorite for me is (of course) NALA. They have many on-line courses as well as webinars. There are also conferences that you can attend such as the NALA annual conference, ABA annual and mid-year conferences, and LSC conferences that have writing tracks.
All of these resources allow us to keep our skills sharp and learn new material that we can pass on to our attorneys and staff. It is an investment of time, but well worth the effort. Take a moment and sign up for a webinar or local event.
The Essential Paralegal Takeaway
Looking ahead, it’s clear that the role of paralegals in legal research and writing will continue to evolve along with the technology available. As advances emerge, the bar will increase for both attorneys and support staff alike. Paralegals that stay abreast of the latest legal technology tools and systems, and leverage them to best advantage, will set themselves apart not only from other paralegals, but from attorneys as well and be able to continue to making a greater impact on the bottom line.
As more and more, sophisticated artificial intelligence tools are rolled out, which will help streamline research capabilities, paralegals will be tasked with overseeing the technology and interpreting the results to the benefit of the firm and the client. For example, AI technology will allow paralegals to glean important insights about a case by sorting through massive libraries of information and even social media mentions to generate essential intelligence. As any seasoned paralegal will tell you, organizing and synthesizing that intelligence takes time and a skilled professional to process the findings and present them in a compelling manner . The paralegal of the future will remain an invaluable asset by providing the sort of interpretive skills that are impossible to replicate with technology alone.
Additionally, as the demand for paralegals continues to grow, so does the need for legal professionals at both law firms and corporations to be strategically hired and deployed. Whether as an embedded member of an organization’s in-house department or as part of an outside law firm team, paralegals can fill important gaps and reduce workloads, while improving efficiencies that benefit both clients and their employers.
Beyond increasing skills sets, forward-looking paralegals will need to focus on their career development by developing leadership skills. As the profession continues to grow, attracting new talent and retaining top performers will depend on offering paralegals an opportunity to further develop their skills and advance their careers. Paralegals who seek out ongoing professional development and leadership roles will be preparing for a future in which they are seen as a valuable asset, rather than an obligation. The future is bright for paralegals who proactively invest in their careers.
