The Purpose of Research in Law

Gilbert Law Summaries Legal Research, Writing and Analysis

Legal research, writing and analysis should be more practice-driven in the sense that real world scenarios are incorporated into these exercises. Incorporating aspects of law that practitioners are likely to have to face in their professional careers is something that legal research, writing and analysis should include. For example, focus on “client preparation and counseling, mediation and negotiation, trail litigation, and appellate advocacy” are all elements of the professional practice of law that should see some play when it comes to conducting legal research, writing and analysis (Honigsberg & Ho, 2014, p. 5). The more that emphasis is given to practicing real world exercises, the more prepared the student will be upon entering the actual profession.

Law research should also incorporate contracts and torts, while analytical writing should incorporate various legal decisions achieved over the years so that a historical understanding of the evolution of law and its interpretations and utility can be obtained. The more familiar with the process of applying the practical aspect of legal research in real life, the more apt the new professional will be when it is time to put the skills learned in the classroom to good use in the real world.

One of the most important things to learn is the language of the law, because this is the professional code—the syntax, the manner, the delivery, the expression, the tone, the presentation—all of it is what the professional must embody. Just as anyone traveling to a new land is obliged to learn the language of the land in order to adapt and assimilate, the lawyer must be acquaint himself with the jargon of the law and use it when writing and conducting analysis. The more immersed in the research process the student gets when conducting legal research, the more likely he will absorb the legal jargon and its usage of terms so that this legal language becomes truly second nature to the student and is ready to be called upon in practice as a professional.

An understanding of the legal system is also necessary in legal research, writing and analysis. An explorer will not be any good as a guide if he is unfamiliar with the environment into which he has entered. He must be aware of the rules of the natives, how the surroundings are impactful, and what the underlying current of the waters convey to the travelers. The legal professional must just as well understand the legal system from top to bottom to be of any use to anyone else in the field. The various courts, from trial to appellate to high, must be understood—and the manner in which they operate must also be something with which the researcher becomes familiar.