how much research does a lawyer do before accepting a case

When do lawyers need to conduct legal research?

The lawyer’s understanding and analysis of a case often begin in the research stage when she identifies the relevant facts and determines the legal issues that must be researched. This analysis continues and is refined as they decide where, how, and what to search.

How does my attorney decide how to proceed with my case?

You should not need to do any legal research before hiring a lawyer. You might consider doing a little investigating to see if your case has merit but it should not be necessary . Justin Schwartz

How can I make sure my legal research is comprehensive?

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions (that is, case law) to back up a legal argument they are making in a motion or brief filed with the court. Alternatively, lawyers may need legal research to simply provide clients with accurate legal …

What factors determine an attorney’s ability to litigate a case?

 · The first question – the qualifier – asked: Have you hired a lawyer in the last 10 years? Everyone who answered “Yes” was then asked: Did you research your legal issue online prior to hiring your lawyer? Males surveyed responded “Yes” 47.5% of the time: Females surveyed responded “Yes” 49.6% of the time: People age 35-44 ...

What are the 5 stages of legal research?

Five Steps of Legal ResearchFormulate a Research Plan.Consult Secondary Sources.Consult Primary Sources. ( a) Expand Primary Law, and (b) Update Primary Law.Analyze & Organize Results.

How do lawyers do their research?

Over half of the surveyed attorneys said they use free online sources to research case dockets, corporations/companies, judges, lawyers, public records, state legislation/statutes, general news, and legal news. In other words, they use free resources to look up topics that are easily and publicly accessible.

Do lawyers perform research?

For example, attorneys must conduct legal research if they need court opinions (that is, case law) to back up a legal argument they are making in a motion or brief filed with the court. Alternatively, lawyers may need legal research to simply provide clients with accurate legal guidance.

What factors help determine whether a case should be accepted?

Lawyers typically consider these factors: (1) The precise nature of the claim. (2) The likely measure of damages or other relief. (3) The plaintiff's objective (e.g., money, respect, “show them”, revenge, political motives as in Paula Jones case against President Clinton etc.).

Why do lawyers do legal research?

The primary aim of conducting clear and methodical legal research is finding the answer to a legal question in the most time effective way and knowing that you have searched in all the relevant sources.

What is legal research in law?

Legal research is "the process of identifying and retrieving information necessary to support legal decision-making.

What are researchers for lawyers called?

What is a legal researcher? Legal researchers support attorneys and legal executives in the pre-trial process by researching and analyzing case law and relevant information necessary to attorneys' casework. They are typically legal assistants and paralegals who work under a practicing attorney's supervision.

What is legal research problem?

identifying the issue or issues in given facts and to determine rules, principles and. theories of law to be applied. It is an organized approach that helps to develop research. skills.

What are the types of legal research?

Two main types of empirical legal research are qualitative and quantitative. Quantitative, or numerical, empirical legal research involves taking information about cases and courts, translating that information into numbers, and then analyzing those numbers with statistical tools.

What factors influence a judge's decision?

5 To Haines, the factors most likely to influence judicial decisions are: (1) "direct influences" which include: (a) legal and political experiences; (b) political affiliations and opinions; and (c) intellectual and temperamental traits; and (2) "indirect and remote influences" which include: (a) legal and general ...

How does the court decide which cases to hear?

The Justices use the "Rule of Four” to decide if they will take the case. If four of the nine Justices feel the case has value, they will issue a writ of certiorari. This is a legal order from the high court for the lower court to send the records of the case to them for review.

What are the three primary factors that determine whether evidence collected during an investigation will be admissible in court?

Three factors come into play when it comes to court proceedings: relevance, materiality, and weight of the evidence given by witnesses during trial proceedings.

Why do lawyers need legal research?

Alternatively, lawyers may need legal research to simply provide clients with accurate legal guidance. And in the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few of the situations in which legal research is necessary.

What is the best way to research law?

Secondary sources: If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides, legal encyclopedias, and treatises . They are a good jumping-off point for legal research since they've already done the work for you. And as an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.

Do you need primary sources of law?

While you will need primary sources of law to support your case, in many instances, it is much easier—and a more efficient use of your time— to begin your search within secondary sources such as practice guides, treatises, and legal articles.

What are the different types of primary law?

Some of the more important types of primary law include: Case law, which are court opinions/decisions issued by federal or state courts. Statutes, including legislation passed by both the U.S. Congress and state lawmakers. Regulations, including those issued by either federal or state agencies.

Does Westlaw have AI?

Not only do online solutions like Westlaw have all the legal sources you need, but they also include Artificial Intelligence (AI) and other tools that can help make quick work of your legal research. Westlaw - Plans and Pricing. Explore and customize Westlaw plans that meet your firm's unique needs.

What information is needed for legal research?

No matter the legal research project, you must identify the relevant legal problem as well as the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What do you need to know before you start looking for a law?

Before you start looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

How do attorneys use legal research?

Your attorney (or a paralegal under their supervision) may review statutes, caselaw, and secondary authority before deciding how to proceed with your case. Since the law is based on precedent, caselaw with a similar fact pattern can give your attorney an idea of how things may play out in court.

What is legal research?

Legal research is generally the process of finding an answer to a legal question or checking for legal precedent that can be cited in a brief or at trial. Sometimes, legal research can help determine whether a legal issue is a "case of first impression" that is unregulated or lacks legal precedent. Virtually every lawsuit, appeal, criminal case, ...

What is an opinion in a court case?

Terms to Know. Opinion: The formal written expression by a court or judge detailing the reasons and principles of law upon which the case is decided. Parallel Citation: A citation reference to the same case printed in two or more different case reporters.

What is legal information?

Virtually every lawsuit, appeal, criminal case, and legal process in general requires some amount of legal research. Legal information is organized into two general categories: Primary Law: Binding law that is codified in statutes, regulations, and caselaw. Secondary Sources: Not legally binding, this type of information explains primary law ...

Do judges write opinions?

Judges often write opinions that aren't exactly easy for non-lawyers to follow. Lawmakers do the same with statutes. If you're researching a legal topic and you've hit a wall, it may be in your best interests to speak with an attorney.

Is the Supreme Court ruling binding?

A decision by the United States Supreme Court is binding precedent in all courts. For example, a decision by the United States Court of Appeals for the 4th Circuit would not be binding on the United States Supreme Court or courts from another circuit. However, it would be binding in all lower courts of the 4th Circuit (Maryland, North Carolina, ...

Does the Supreme Court have binding precedent?

Therefore the effect of a court's decision on other courts will depend both on the level of the court and its jurisdiction. A decision by the United States Supreme Court is binding precedent in all courts.

What is the meaning of stare decisis?

Courts in the United States adhere to stare decisis, which means that courts respect and usually follow the precedent of previous decisions. However, a court does not have to follow a decision that is not binding precedent. Generally courts will follow the decisions of higher courts in their jurisdiction. Therefore the effect of a court's decision on other courts will depend both on the level of the court and its jurisdiction. A decision by the United States Supreme Court is binding precedent in all courts.

Where do opinions come from?

On the state level reported, or published, opinions generally come from the appellate courts, not the trial courts. On the federal level, some trial court (District Court) cases are reported. But, in a jury trial, there is nothing to “report” except a verdict.

What is case law?

Case law--also called 'opinions' or 'decisions '--comes from the written resolution of the issues in dispute, and is written by a judge or judges. It is not a jury verdict. (Juries decide facts; judges decide law.) Cases come from courts: trial courts, intermediate appellate courts, and appellate court of last resort, ...

What factors determine whether an attorney has the experience and resources to litigate a case?

Sometimes the employer or the number of clients (if a class action case is a possibility) and the scope of the claims are also factors in determining whether the attorney has the experience and resources to litigate a case.

What questions do you ask an attorney?

The attorney will ask you questions designed to get the relevant information quickly and to determine if your situation is something the attorney is capable of and interested in handling. The attorney must also first check for conflicts of interest (where the attorney formerly or currently represents interests or individuals potentially involved in your case and therefore might appear biased or unable to fully represent your interests). In addition to the employer's name, you will also be asked for the names of people involved in your case.

What does an attorney evaluate?

While you talk, in addition to getting information, the attorney will evaluate you as a witness and client, in areas such as memory, honesty, appearance, attitude, cooperation, communication skills and many other characteristics. Do not lie or mislead your attorney.

What does an attorney want to know about an employer?

The attorney will want to know what acts you believe harmed you and what reasons were given by the employer to justify the employer's decisions. The attorney will ask questions to determine whether you can prove that the reasons given are not true.

Do law firms screen new clients?

Every law firm is different, and may handle speaking with potential new clients differently than another. Some firms do a great deal of screening over the telephone before you are allowed to set up an appointment with an attorney, while others will allow you to set up an appointment and get most of their information from you in a face-to-face meeting.

Can an attorney say no to a case?

Because each attorney has a different view of risk and reward, and may evaluate these criteria with varying experience, if one attorney said "no," you can and should consult with others. If two or more attorneys tell you the same thing, however, especially about the legal merits of your case, then you should probably believe them.

Can an attorney take a contingent fee case?

However, this is not guaranteed, and not the case for some other types of employment cases. It is not unusual for a case to cost hundreds of thousands of dollars in fees and tens of thousands of dollars in costs. Therefore, most attorneys cannot take a contingent fee case unless the merits and client are very strong and the damages are significant.

What to do if your lawyer is unwilling to discuss your bills?

If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship.

What happens if you don't raise your lawyer's billing concerns?

The downside of not raising billing concerns with your lawyer is substantial. You lose the chance to obtain a mutually-agreed upon reduction. The billing practice that offends you will no doubt continue. Finally, if the fee dispute ever gets litigated or arbitrated, your lawyer will claim that you consented to the disputed billing practice.

Can a lawyer negotiate a fee?

It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement. Courts and bar associations will review such “negotiations” for evidence that the attorney asserted improper leverage.

What is the code of professional conduct and responsibility for lawyers in New York?

In an effort to ensure that lawyers do not use superior experience or negotiating skills in drafting agreements with their clients, the Code of Professional Conduct and Responsibility that applies to all lawyers in New York State (other states have similar or identical codes) provides that an attorney “shall not enter into an agreement for, charge or collect an illegal or excessive fee.” DR 2-106 [A].

Do lawyers have to negotiate with clients?

Courts recognize that clients seldom have the experience or the inclination to negotiate every detail of their engagement agreement. Lawyers have form agreements that clients typically sign with little or no explanation, much less negotiation.

Can a court impose a fee if it is unfair?

If either the agreement or the fee is later found by a court to be unfair, the court may either impose a smaller fee or disallow the fee in its entirety.

What is a lawyer's agreement?

Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action.

How to evaluate a medical malpractice case?

Step #1: Getting the Medical Records. The first step is getting your medical records. If you already have your medical records, you can mail a copy of the medical records to us or send them to us by email.

How long does it take for a doctor to review a medical record?

Doctors usually don’t review the medical records right away and it’s common for a case review by a doctor to take two or three weeks. Once I speak with the doctor about his review of the medical records, I’ll know whether your case has merit and then I’m ready to discuss our case evaluation with you.

Why do I need to review my medical records?

If we have all of the medical records we need to review your case, I review the records to try to determine whether the doctor departed from medical standards of care —this is lawyer-talk for “he didn’t follow the rules”. In most cases, I can tell whether the doctor broke the rules, but not always—sometimes I ask a doctor to review the medical records.

How long does it take to get medical records?

Once you sign the power of attorney and send it back to us, we’ll request your medical records from your doctor or hospital. It usually takes two to three weeks to get the medical records from your doctor or hospital.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.