9/4/13

Effective Legal Research

Basic Skills for
Newly Admitted Attorneys

JEAN M. WENGER, J.D., M.L.I.S.

LAW LIBRARIAN III

COOK COUNTY LAW LIBRARY
ILLINOIS STATE BAR ASSOCIATION
SEPTEMBER 9, 2013

RESEARCH: YOUR Ethical Obligation

Model Rules of

Professional
Conduct
Rule 1.1
Rule 3.1

FRCP 11
FRAP 28

[T]he reality of
appellant's weak grasp of
copyright law is that it
caused him to pursue a
course of conduct which
was not warranted by
existing law and
compelled the defendant
to expend time and
money in needless
litigation.
Zuk v. East. Pa. Psychiatric
Inst., 103 F.3d 294 (3rd Cir.
1996)

As a client,
this is not
someone Id
want as my
attorney.

I dont do books.

9/4/13

Add VALUE
Think conceptually
Love AND USE secondary resources
Conduct cost-effective research

Think! Think! Think!

Facts
Controlling Statute
Who produces information
Where to find
Hierarchy of Law

Treatise / Secondary Resource

Overview of issue
Identify controlling authority
Highlight related issues
Print, e-book, online

9/4/13

Range of Tools
Need
Interrogatories for
premises liability

IICLE Premises
Liability QuickGuide
Premises Liability: Law and
Practice (4 vols.)

Know
Facts

Benders Forms of
Discovery
(multivolume set, chapter
on Slip and Fall)
Am Jur Proof of Facts
very specific scenarios

Be Effective, Not Expen$ive

Free or cost
Print or electronic
Consider research / strategy
Human resources & training

Growth of the Administrative State

Creation of statutory and administrative law
Do you know where your regulations are?
Administrative decisions

(What are you looking for?)

9/4/13

You Need Law, When You Need It

Ill. Admin. Code: status 8/19/13
Westlaw 7/5/2013
Lexis 5/10/13
Code of Illinois Rules (print) 6/21/13
Fastcase -- 2011 edition
www.ilga.gov 08/16/13

How Do I Actually Practice?

Secondary resources reveal:
Interplay of statutes, cases, regulations
Analysis, forms, checklists, practice pointers
Check primary law (as of COA accrual)
Do you know where to find:
Complaints
Interrogatories and requests to produce
Contract language

Non-Law Information Centers

Power of public libraries
Remote access to newspapers, magazines,
journals
Company info, statistics
State and local government documents
Onsite legal databases
Special libraries for medical,

mechanical, or traffic information

9/4/13

Eye on the Prize Tips for Success

Think conceptually
What is best available resource?
Seek knowledge Ask!
Be professional at all times

Man is still the most

extraordinary computer of all.
John F. Kennedy (1963)

Effective Legal Research

Basic Skills for Newly Admitted Attorneys
Jean M. Wenger, J.D., M.L.I.S.
Law Librarian III
Cook County Law Library, Chicago
jean.wenger@cookcountyil.gov
September 9, 2013

Basic Skills | Before Trial | Evidentiary Works | Experts | Trial Practice | Juries |
Jury Verdicts and Awards | Civil Practice Act & Rules | Citation & Abbreviations |
Forms - Procedural | Forms - Transactional | Appeals | Non-Jurisdictional Litigation |
Transactional - Subject | Practice Journals | Government Resources | Foreign/International |
Free Caselaw | Journals & Law Reviews | Research Guides | Library Catalogs | Blogs

Introduction
The resources contained in this handout provide a sampling of the range of resources available to the
contemporary researcher. Selected titles highlight the broad range of subjects and formats. All titles have
been consulted by the compiler in the course of assisting practitioners with their legal research inquiries.

Legal Research Competencies

Principles and Standards for Legal Research Competency, American Association of Law
Libraries (AALL):
www.aallnet.org/main-menu/Leadership-Governance/policies/PublicPolicies/policylegalrescompetency.html
These principles and standards articulate a concrete framework for the assessment of competency
that can be applied at any point on the continuum of a legal professional's career.
Basic Skills
Legal Negotiations: Getting Maximum Results. M. K. Schoenfield, R. K. Schoenfield. [print]
How to Start and Build a Law Practice, Fifth Edition. Jay G. Foonberg, ABA, 2004 [print]
The Illinois Survival Guide: Best Practices for New Lawyers, John H. Maville & Heather M.
Fritsch. ABA/ISBA, 2010. [print]
Addresses how to be an attorney and how to start your own practice. Forms and checklists
included.
The Lawyer's Guide to Records Management and Retention. George C. Cunningham, John
C. Montaa, ABA, 2006. [print]
How to Manage Your Law Office. Mary Ann Altman and Robert I. Weil, M. Bender. [print &
Lexis]

The Rainmaking Machine: Marketing Planning, Strategies, and Management for Law
Firms, 2013 ed. Phyllis Haserot, West [print]

Before Trial
Chief Judge of the Circuit Court: www.cookcountycourt.org/
Information useful to attorneys practicing in the Circuit Court of Cook County:
Chancery, Mortgage Foreclosure/Mechanics Lien Section, Child Protection, County, Law
Select Tab: For Attorneys/Litigants for information about the various divisions in Cook County
and the rules and orders of the Court. Each division has information highlighting the division and
special calendars. For example, under Law Division find information about Black Line (Master)
Trial Call and under Chancery Division find information about mortgage foreclosure and standard
courtroom procedures.
Text of Circuit Court rules and general orders, general administrative rules and orders.
Civil Procedure before Trial (Vols. 3 & 4, Illinois Practice Series) [print & Westlaw]
Excellent starting point for researching the issues presented in civil practice.
[For IICLE titles: Search table of contents: https://www.iicle.com/SmartBooks/Default.aspx. Full-text
only available to subscribers.]
Civil Practice (IICLE): Opening the Case [print & online]
Guidance on developing your case, jurisdiction, venue, and pleadings.
Illinois Pretrial Practice Judge Jennifer Duncan-Brice et al. [print and CD]
Topics: taking the case; presuit activities; statutes of limitation; jurisdiction; forum selection;
summons and service of process; parties; pleadings; motion practice; TROs and injunctions;
discovery; privileges; production of documents; depositions; interrogatories; summary and
default judgments.
Civil Practice (IICLE): Preparing for Trial [print & online]
Covers discovery and choice of remedy.
Illinois Practice Guide - Personal Injury, 2nd ed. Patrick McGann, et al. [print] (not updated
but still useful)
Summary Judgment and Related Termination Motions (Vol. 26, Illinois Practice Series)
[print & Westlaw]
Information on making and opposing termination motions such as summary judgment, dismissal,
or motion to strike. Includes sample motions.
Motion Judges Rules, Cook County Circuit Court (April 1995)
Motion Judges Rules from the Law Division are available in the CCLL Reference Department or
from the court.

Evidentiary Works
Illinois Rules of Evidence: www.state.il.us/court/SupremeCourt/Evidence/Evidence.asp
Includes recent changes.
Illinois Rules of Evidence - A Color-Coded Guide
www.tdrlawfirm.com/assets/downloads/Illinois_Rules_of_Evidence_Color-Coded_Guide.pdf
Guide created by former appellate court justice, Gino L. DeVito, containing the new rules,
committee's comments, a comparison with the federal rules of evidence, and additional
commentary. Available in print from ISBA.
Cleary and Graham's Handbook of Illinois Evidence, 10th ed. [print & Loislaw]
A highly respected treatise on Illinois evidence. Covers: judicial notice; burdens of proof and
presumptions; relevancy and its limits; privilege; witness; opinion and expert testimony; hearsay;
authentication and identification; and original writing rule.
Civil Discovery Practice (IICLE) [print & online]
Covers effective use of experts, interrogatories, and requests for production.
Civil Trial Evidence (IICLE) [print & online]
Explains laws governing evidence and provides tips and strategies.
E-Discovery (IICLE) [print & online]
Provides guidance in the complex and evolving area of electronic data discovery.
Electronic Discovery Law: www.ediscoverylaw.com/articles/ediscovery-case-database/
Blog focusing on electronic discovery. Includes the Electronic Discovery Case Database with
over 2000 electronic discovery cases collected from state and federal jurisdictions. Published by
K&L Gates.
Illinois Evidence Manual, 4th ed. [print & Westlaw]
Justice Robert J. Steigmann & L. A. Nicholson
Comprehensive three volume set analyzing and discussing all aspects of evidentiary law in
Illinois.
Civil Discovery, 2d (Vol. 10, Ill. Practice Series) [print & Westlaw]
The Supreme Court Rules on discovery serve as the organizational scheme. The text of each rule,
along with commentary, is provided followed by detailed analysis. Offers practice tips and
checklists.
Courtroom Handbook on Illinois Evidence (Vol. 11, Illinois Practice Series)
[print & Westlaw]
Laying Foundations for Introducing Evidence, (IICLE QuickGuide) [print & online]
Highlights strategies for introducing evidence at trial.
Illinois Supreme Court Standard Interrogatories: www.isba.org/resources/interrogatories
Under Supreme Court Rule 213(j). Covers motor vehicle, matrimonial, and medical malpractice.
Seminar Materials for Law Division, Judge Egan, Circuit Court of Cook County:
www.cookcountycourt.org/JudgesPages/EganLynnM.aspx

Select Seminar Materials. Topics from monthly CLE programs include jury selection, voir dire,
avoiding common trial mistakes, sole proximate cause.
Illinois Civil Practice Guide (Jenner & Block Practice Series)
jenner.com/system/assets/assets/6531/original/Illinois_20Civil_20Practice_20Guide_2012.pdf
Example of publication available from firms.
Experts
ISBA Expert Services Directory: www.isba.org/experts
Bests Directory of Recommended Insurance Attorneys, Adjusters and Expert Service
Providers: www3.ambest.com/legal/ExpSearch.asp
JurisPro Expert Witness Directory: www.jurispro.com/
Searchable by name or area of expertise. Provides qualifications, articles, & contact info.
National Directory of Expert Witnesses: www.national-experts.com/
Search by keyword, browse by subject, name or company name.

Trial Practice
Illinois Civil Litigation Guide (Vol. 4A, Illinois Practice Series) [print & Westlaw]
One volume, annual work that compiles all relevant practice act sections and rules germane to
civil practice. Sections and rules are arranged by subject matter with author's comments.
Illinois Civil Trial Guide [print]
Commentary and trial forms available. Volume 1 has a master checklist describing procedures
that can be invoked by motion before or during trial. Last updated 2004 but still useful.
Illinois Civil Trial Procedure (Vol. 9, Illinois Practice Series) [print & Westlaw]
Topics: proper forum for trial (with focus on Cook County), final trial preparation, jury, trial
sequence, evidence, verdict, motions challenging verdict or judgment, and enforcing the
judgment.
Trial Handbook for Illinois Lawyers-Civil, 8th ed. [print & Westlaw]
A preeminent tool for the practitioner focusing on trials, proof offered at trial, evidentiary
matters, examination and impeachment of witnesses, communications, documentary and other
evidence. Also available for Criminal and Criminal Sentencing.
Illinois Motions in Limine: Evidence Exclusion Guide. [print & Westlaw]
Lane, Lee, & Finley
Areas addressed: motion in limine law; prejudicial evidence; irrelevant evidence; writings &
physical evidence; tests & related scientific evidence; discovery motions; character evidence;
witness evidence; trial presentation; personal injury motions.
Illinois Objections [print & CD]
Gerald F. Grubb and Daniel M. Locallo
Chapters cover jurisdiction; jury selection; opening statement; relevance & materiality; hearsay;
privileges; witness competence and examination, character & habit; science, opinion & experts;

documents; photos, recordings & X-rays; real and demonstrative evidence; parol evidence;
judicial notice, presumptions, admissions; attorney and judicial conduct; closing argument.
Civil Practice: Trying the Case (IICLE) [print & online]
Provides practical and strategic guidance during trial phase of litigation.

Juries
Inside and Outside the Jury Box: Effective Trial Strategies (IICLE) [print & online]
Help to understand trial psychology and to interview jurors.
Jury Selection: the Law, Art, and Science of Selecting a Jury, 3d [print & Westlaw]
Illinois Pattern Jury Instructions: IPI Civil [Westlaw, Lexis, print]
Prepared by the Illinois Supreme Court Committee on Pattern Jury Instructions in Civil Cases.
www.state.il.us/court/CircuitCourt/CivilJuryInstructions/default.asp
Illinois Pattern Jury Instructions: IPI Criminal [Westlaw, Lexis, print]
Prepared by Illinois Supreme Court Committee on Pattern Jury Instructions in Criminal Cases.
www.state.il.us/court/CircuitCourt/CriminalJuryInstructions/default.asp
Illinois Forms of Jury Instruction [print & Lexis]
Three volume set covering civil jury instructions.

Jury Verdicts and Awards

Cook County Jury Verdict Reporter & Urban Ring Jury Verdict Reporter, Law Bulletin.
[print & online subscription]
Collects, analyzes and publishes summaries detailing Illinois civil jury verdicts and negotiated
settlements.
Whats It Worth? A Guide to Current Personal Injury Awards and Settlements [print &
Lexis]
Annual publication arranged by part of body; highlights adequate and excessive awards.
Personal Injury Valuation Handbook [print & Westlaw]
Identifies settlements and jury awards for personal injury claims. Includes summaries of
comparable cases, distribution of the award or settlement, median, means and probability ranges
for awards and other statistical breakdowns.
Jury Verdicts & Settlements [WestlawNext]
Includes verdicts and settlements from state and federal courts.

Civil Practice Act & Rules

Illinois Compiled Statutes Annotated [print, Lexis & Westlaw]
Annotated statutes service provides text of law, prior section references, law reviews &
commentaries and notes of decisions.

NOTE: Online Illinois Compiled Statutes do not provide the Joint Committee Comments and
Historical & Practice Notes that contain legislative intent and analysis. Check older Smith-Hurd
Illinois Annotated Statutes. (Note: Judges check.) CCLL maintains historical annotated and
unannotated statutes.
Illinois Compiled Statutes: www.ilga.gov/legislation/ilcs/ilcs.asp
Searched by keyword or browsed by chapter. Information maintained by the Legislative
Reference Bureau. Not official and not reliable see disclaimers.
Illinois Court Rules [print, Westlaw, Lexis, LoisLaw, free web]
Illinois Supreme Court Rules: www.state.il.us/court/SupremeCourt/Rules/default.asp
Text of Supreme Court rules including committee comments. Sign up to receive Twitter or email
notification of news and court-related information.
Cook County Circuit Court Rules:
www.cookcountycourt.org/FORATTORNEYSLITIGANTS/RulesoftheCourt.aspx
Illinois Courts Rule Book, 4th ed. Law Bulletin [print]
Contains civil practice act, supreme court rules, Cook County circuit court rules and general
orders, municipal division general orders, and selected circuit court rules from surrounding
circuits.
LLRX Court Rules, Forms and Dockets: www.llrx.com/courtrules
Search or browse by state or federal circuit.

Citation & Abbreviations

Illinois Case Citation
www.state.il.us/court/SupremeCourt/Rules/Amend/2011/053111_Rule_Amendments.pdf
The Illinois Supreme Court amended the Supreme Court Rules to provide for medium neutral
citation that moves away from citations based on volume and page number of printed books.
Opinions will be identified by a public-domain case designator number, or docket number, along
with paragraph number references. Effective July 1, 2011.
Bluebook Abbreviations of Law Review Titles: lib.law.washington.edu/cilp/abbrev.html
Elements of Legal Style, 2d ed., Bryan Garner, Oxford University Press, 2002. [print]
GovSpeak: ucsd.libguides.com/govspeak
Acronyms and abbreviations commonly used by the United States federal government
Typography for Lawyers: typographyforlawyers.com/
Painting with Print (JALWD): www.ca7.uscourts.gov/Rules/Painting_with_Print.pdf
Discusses concepts of typographic and layout design for legal writing. Available on the U.S.
Court of Appeal for the 7th Circuit website.
ALWD Citation Manual, 4th ed. [print]

A professional system of citation for legal materials from the Association of Legal Writing
Directors (ALWD).

Forms - Procedural
Nichols Illinois Civil Practice with Forms [print & Westlaw]
Multi-volume set covers: general considerations; summons and appearance; pleadings, defenses
& motions; pretrial procedure; trial; postrial motions; judgments; enforcement of judgments;
costs; appeal & review; specific actions (arranged alphabetically). The set provides discussion
and overview of Illinois civil practice and procedure.
Illinois Civil Practice Forms
[print & Westlaw]
Multi-volume set containing general practice forms and pleadings. Most volumes contain forms
arranged alphabetically by issue for all types of civil actions in Illinois.
American Jurisprudence Pleading and Practice Forms Annotated. [print & Westlaw]
Non-jurisdictional. Customize with knowledge of Illinois law.
Cook County Clerk of the Circuit Court
Fillable Online Forms: www.cookcountyclerkofcourt.org/?section=FormsPage
Free Case Monitoring Service: https://uscourts.com/states/Illinois/Cook2.Asp
Electronic Full Case Docket Search: www.cookcountyclerkofcourt.org
Select Online Case Info. Access to the full electronic docket.

Forms - Transactional
Illinois Forms: Legal and Business [print & Westlaw]
Practice-oriented forms for Illinois legal and business transactions.
Midwest Transaction Guide: Illinois, Indiana, Michigan. [print and Lexis]
Analysis and forms.
American Jurisprudence Legal Forms. [print & Westlaw]
Non-jurisdictional but customize with knowledge of Illinois law.
Current Legal Forms, with Tax Analysis, Rabkin & Johnson [print & Lexis]
Nichols Cyclopedia of Legal Forms Annotated. [print & Westlaw]
West's Legal Forms [print & Westlaw]
Illinois Power of Attorney Forms: www.isba.org/resources/poaforms
Downloadable statutory forms.

Appeals
Illinois Appellate Practice Manual. Thomas Fegan. 2 vols. [print]

Civil Appellate Practice: State and Federal (Illinois) (IICLE) [print & online]
Appellate Court Local Rules by District:
www.state.il.us/court/AppellateCourt/RulesDefault.asp
A Guide to Illinois Civil Appellate Procedure:
www.applawyers.org/Civil_Appeals_Guide_Revised.pdf

Litigation - Non-Jurisdictional
AmJur Proof of Facts, 1st 3rd Series [print & Westlaw]
Provides checklists of the elements of proof and model interrogatories.
AmJur Trials Model Trials [print & Westlaw]
Provides opening statements, discovery, trial prep, and jury instructions.
Art of Advocacy Series [print]
Cross Examination of Medical Experts, Demonstrative Evidence, Direct Examination,
Documentary Evidence, Jury Selection, Opening Statement, Preparation of a Case, Settlement,
Cross Examination of Medical Experts, Discovery, Summation, Appeals
Benders Forms of Discovery [print & Lexis]
Extensive compilation of interrogatories. Multi-volume set also include information on
production of documents.
Causes of Action 1st & 2nd Series [print & Westlaw]
Each volume contains several cases and each case takes researcher from identifying parties
through defenses, proof, discovery, and sample complaints. Include helpful checklists.
Lane Goldstein Trial Technique, 3rd ed. [print & Westlaw]
Presents litigation methods and strategies including interview sheets, motions, pleadings, and
checklists.
Pattern Deposition Checklists, 4th ed. D. Danner & L. Varn [print & Westlaw]
Trial Techniques and Trials, 9th ed. Thomas A. Mauet [print]
Breaks trial process down into its critical components.
Transactional - Subject
Real Property Service: Illinois. [print]
Multi-volume set including analysis and forms.
Fletcher Cyclopedia of the Law of Corporations. [print]
Fletcher Corporation Forms, Annotated. [print]
Tax Management Portfolios. [print and Bloomberg/BNA online]
Series include U.S. Income, Foreign Income, and Estates, Gifts and Trusts.

CCH Business Franchise Guide [print]

CCH Standard Federal Tax Reporter. [print & IntelliConnect]
Major tax resource arranged by code section. Includes law, regulation, guidance, interpretations,
case law. Updated weekly and reissued annually.

Practice Journals
IllinoisLegal Advocate.org: www.illinoislegaladvocate.org/
Articles, forms, and videos on many different topics. Created for legal aid attorneys.
For example, search for: Outline for State Court Practice - Video training and handout.
Practitioner-focused journals
For example: Practical Lawyer (ALI-ABA)
[Settling with Contentious Debtors Who May Have Little or No Assets (With Sample Agreed
Order) Vol. 56, page 43 (2010)]
Many journals are indexed in LegalTrac with full-text available through HeinOnline, or more
selectively on Westlaw and/or Lexis.
Illinois Bar Journal: www.isba.org/ibj/
Search from Nov. 1998 to present. Full-text to members only.
For example: Recognition and Enforcement of Foreign Country Judgments in Illinois, Michael
L. Morkin. Vol. 85, page 364 (Aug.1997)
DCBA Brief (DuPage County): www.dcbabrief.org/backissues.html
Select Back issues for archived full-text from Vol. 9 (1997 present)
Litigation News, ABA Section of Litigation:
http://apps.americanbar.org/litigation/litigationnews/
Each issue features 10 tips in the area of litigation.
Spring 2009: Key Components of a Good Trial Notebook
Fall 2011: Ten Tips for Dealing with Jerks (Tips on taking the higher ground.)
Archived issues require membership. Also available in print and through HeinOnline.
ABA Journal: www.abajournal.com/magazine/
Current issue and archived issues since 2004 available for free online.

Government Resources
Uniform Electronic Legal Materials Act (UELMA): Open for adoption by states.
uniformlaws.org/Act.aspx?title=Electronic Legal Material Act
Addresses the authentication and preservation of state electronic legal material (statutes,
regulations, session laws). The trustworthiness of primary law sources is called into question
when states discontinue official print resources without providing an authentic online version.
The availability of a primary law resource (statute, regulation, judicial decision) from a
government website does not automatically make that resource the official version. A related
issue is authentication of state primary law materials. Authentication gets to the trustworthiness of
documents on the web. By their nature, digital materials are vulnerable to corruption and

tampering. Authentication is a means to ensure that the documents available online are complete
and unaltered from their original source. As of August 2013, UELMA has been adopted in 8
states and currently pending in Illinois, S.B. 1941.
Illinois
Illinois General Assembly: www.ilga.gov/
Links to pending bills, the Illinois Compiled Statutes, public acts, the Illinois constitution,
information on the Illinois House of Representatives and Illinois Senate, including rules,
transcripts, journals and schedules. Resources from previous General Assemblies, starting with
the 77th General Assembly (1971-1972) are also available. Use site to compile legislative
histories.
Researching Legislative History (Illinois): www.ilga.gov/commission/lrb/lrbres.htm
Illinois Courts: www.state.il.us/court/
Supreme and Appellate court opinions, rules, jury instructions, reports/statistics.
Annual Reports of the Illinois Courts: www.state.il.us/court/SupremeCourt/AnnReport.asp
Complete listing of State Agencies: www.illinois.gov/SitePages/Agencies.aspx
Illinois State Telephone Directory permits searching by name, agency or phone number:
www3.illinois.gov/teledirectory/
County/Municipal
Publishers of online municipal and county codes for Illinois. Looking for a municipal code in Illinois or
another state? Check the following:
Illinois County and City Ordinances:
Municipal Code Corporation: www.municode.com/Library/IL
(includes Cook County)
American Legal: www.amlegal.com/library/
(includes Chicago)
General Code Publishing: www.generalcode.com/ecode360/IL
Sterling Codifiers: www.sterlingcodifiers.com/codes-online
Illinois Municipal League: legal.iml.org/page.cfm?category=355
Cook County agencies: blog.cookcountygov.com/
Select Agencies tab.
City of Chicago: www.cityofchicago.org
Select Chicago Government Department Directory
Administrative Hearings (Chicago): www.cityofchicago.org/city/en/depts/ah.html
City Clerk of Chicago: chicityclerk.com/legislation-records/
Journal of the Proceedings are available from July 1981 to present.
National Association of Counties (NACo): www.naco.org/

10

Under About Counties select Find a County for a collection of links to county sites.
Federal
Seventh Circuit (Illinois, Indiana, Wisconsin): www.ca7.uscourts.gov/
Includes a link for filing tips, forms, and clerk's office handouts, federal and local rules, proposed
rule changes, Practitioner's Handbook (2012 Edition), local rules, standards for professional
conduct, Operating Procedures, Pattern Civil and Pattern Criminal Jury Instructions, and Annual
Reports.
United States Bankruptcy Court for the Central District of Illinois: www.ilcb.uscourts.gov/
United States Bankruptcy Court for the Northern District of Illinois: www.ilnb.uscourts.gov/
United States Bankruptcy Court for the Southern District of Illinois: www.ilsb.uscourts.gov/
United States District Court, Central District of Illinois: www.ilcd.uscourts.gov/
United States District Court, Northern District of Illinois: www.ilnd.uscourts.gov/
United States District Court, Southern District of Illinois: www.ilsd.uscourts.gov/
Federal Judicial Center: www.fjc.gov/
Select "Publications & Videos". Search or browse by title or subject. Titles include Manual for
Complex Litigation Third, Reference Manual on Scientific Evidence, Recognition and
Enforcement of Foreign Judgments..
U.S. Supreme Court Online (official site): www.supremecourt.gov/
Provides opinions, orders, docket/calendar, and court rules.
Supreme Court Collection, Cornell LII: www.law.cornell.edu/supct/
Opinions from May 1990 forward. Historic supreme court decisions by topic.
PACER Public Access to Court Electronic Records: www.pacer.gov/
An electronic public access service that allows users to obtain case and docket information from
federal appellate, district and bankruptcy courts. Registration required low-cost subscription.
PACER FAQ: www.pacer.gov/psc/faq.html
FDsys- Federal Digital System: www.gpo.gov/fdsys/
Official, authenticated government information. Includes CFR, Congressional materials, Federal
Register, US Code, Statutes at Large, selected court opinions.
THOMAS - Legislative Information: thomas.loc.gov
Service from the Library of Congress providing Congressional information online.
Congress.gov: beta.congress.gov/
The beta version of the site contains legislation from the 103rd Congress (1993) to the present,
member profiles from the 93rd Congress (1973) to the present, and some member profiles from
the 80th through the 92nd Congresses (1947 to 1972).
LLSDC's Legislative Source Book: www.llsdc.org/sourcebook/
A collection of research guides on Congressional resources from the Law Librarians' Society of
Washington DC (LLSDC).
Electronic Code of Federal Regulations eCFR (current within 1-2 days):
www.ecfr.gov/

11

Code of Federal Regulations Annual Edition (FDsys): www.gpo.gov/fdsys/

Administrative Decisions & Other Actions:
guides.lib.virginia.edu/administrative_decisions
Links to federal agency administrative decisions.
HeinOnline: U.S. Code, U.S. Congressional Documents, Federal Legislative Histories, Code of
Federal Regulations, Federal Register, Federal Agency Documents, Decisions, and Appeals, and
many other collections. Subscription service available for free use at the Cook County Law
Library and many other law libraries around the state.
Executive Office for Immigration Review Virtual Law Library:
www.justice.gov/eoir/vll/libindex.html
Office of Administrative Law Judges (DOL): www.oalj.dol.gov/
Securities and Exchange Commission (SEC): www.sec.gov/
EDGAR: www.sec.gov/edgar.shtml
Contains submissions of companies and others required by law to file forms with SEC.
US Courts Locator: www.uscourts.gov/court_locator.aspx

Foreign/International
Litigation of International Disputes in U.S. Courts, 2nd ed. Ved P Nanda & David K. Pansius
[print and Westlaw]
Transnational Litigation: A Practitioners Guide. John Fellas, [print]
Explanation and analysis of civil procedure in over 30 countries.
International Estate Planning: A Reference Guide. Barbara Hauser. [print]
The Civil Code of the Netherlands, Second Edition. Hans C.S. Warendorf, Richard Thomas,
Ian Curry-Sumner, 2013 [print]
Civil code in English translation.
EHS Law Bulletin Series. Eibun-Horei-Sha, Inc. [print]
Japanese laws in English translation.
Guide to Electronic Resources for International Law (ASIL): www.asil.org/erg/
Quality web resources covering important areas of international law including arbitration,
economic, environmental, IP, human rights.
Judicial Assistance: travel.state.gov/law/judicial/judicial_702.html
Information on international judicial assistance, notarial services and authentication of
documents.
Electronic Information System for International Law (EISIL): www.eisil.org/

12

Free database that links to primary documents, such as treaties and other international
instruments. Additional information includes citations and relevant dates. EISIL directs users to
high quality websites that and recommended research guides.
Hague Conference on Private International Law: hcch.e-vision.nl/index_en.php
Hague Conventions on Private International Law includes conventions pertaining to service of
process and taking of evidence abroad. Provides current status, declarations, explanatory
materials, and reservations.
GlobaLex, Hauser Global Law School, New York University:
www.nyulawglobal.org/Globalex/
Extensive collection of research guide for foreign and international law.
Doing Business Law Library (World Bank): www.doingbusiness.org/law-library
Free online collection of business laws and regulations arranged by topic or country.
Free Caselaw
Google Scholar: scholar.google.com/
Search for case law, articles, and patents. Use advanced search for more targeted results.
OpenJurist: openjurist.org/
Opinions from federal courts beginning in 1880 and published in the Federal Reporter, First,
Second, and Third Series. Browse by reporter and citation or search by title or keyword.
Fastcase: Free service to ISBA members. Search for US Supreme Court, Federal Circuit, District
and Bankruptcy Courts, and the supreme and appellate courts for Illinois and all other states,
statutes, regulations, constitutions from other states: www.isba.org/fastcase
Download free app to access Fastcase on your tablet or phone.
Public Library of Law: www.plol.org/Pages/Search.aspx
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www.ssrn.com/lsn/index.html

13

SSRN is a worldwide collaboration of leading scholars, including legal scholars that are devoted
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Research Guides
Illinois Legal Research Guide. Laurel Wendt, 2006. [print]
Illinois Legal Research. Mark E. Wojcik, 2009. [print]
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August 2013

14

AMERICAN ASSOCIATION

oF

LAW LIBRARIES

Principles and Standard s for Legal Research Competency

Approved by the Executive Board July 11, 2013, Tab 22

INTRODUCTION
The importance of research competency is widely acknowledged in disciplines with in and beyond the legal community, as supported by
academic research findings and studies documenting essential skills for the twenty-first century workplace. 1 This literature shows notable
evidence of lagging skills in many research-intensive areas , including the field of law. In its call for a systematic revision of legal education ,
the Carnegie Foundation's 2007 report , Educating Lawyers,2 advocated for the incorporation of practical instruction which was echoed by
practitioners demanding minimum competencies in pragmatic abilities. 3 A year later, the Carnegie Report findings were reinforced by a
report of the American Bar Association Section of Legal Education and Admissions to the Bar recommending "a more overt reliance on
outcomes measures" in law school accreditation standards. 4
The American Association of Law Libraries (AALL) has developed a set of principles and standards for legal research competency, drawn
from information professiona ls' deep involvement in legal research w ithin academe, law firms, the courts , government agencies, and other
related settings , as well as the literature of the legal profession indicating tha t research competency directly impacts professional efficiency
and effectiveness .s

THE PRINCIPLES FOR LEGAL RESEARCH COMPETENCY

The principles advanced by the American Association of Law Libraries are:
I. A successful legal researcher possesses foundational knowledge of the legal system and legal information sources.
II. A successful legal researcher gathers information through effective and efficient research strategies.
Ill. A successful legal researcher critical ly evaluates information.
IV. A successful legal researcher applies information effectively to reso lve a specific issue or need .
V . A successful legal researcher distinguishes between ethical and unethical uses of information, and understands the legal issues
associated with the discovery, use, or application of information .

LEGAL RESEARCH DEFICITS

In a 2007 survey , law firm partners indicated a general dissatisfaction with new associates' legal research skills, an evaluation shared by
academic and law firm librarians who identified an erosion of the same skills .6 A recent article offers a review of the legal research literature
that cata logs unsatisfactory assessments of legal research ski lls by legal employers, educators , librarians, externsh ip field supervisors, anc
even U.S. Supreme Court Ch ief Justice Roberts .? At a moment in time when expansive lega l information is widely avai lable, especially to
organizations and businesses that pay for access, evidence demonstrates very clearly that lega l professionals often lack fundamental
research skills. The issue is complicated , involving many aspects of qua lity and efficiency of research . Complaints include, for example , an
inability to find relevant material, inefficient online search strategies, fa ilure to hone in on the basic facts or concepts of a research problem
and limited skill in evaluating the validity and authority of sources.s
Analyt ica l skil ls and other research competencies become even more essential given the proliferation of on line legal information . multiple
systems through which to access it, and the high cost of mistakes. As long ago as 1986, but still relevant today , Bob Berring noted that "[f]
ree-text searching ... deprives the researcher of context."s When a legal researcher is deficient in the mechanics of online searching or in th
ab ility to evaluate the utility, reliabil ity, and relevance of a source, the resultant recommendations w ill be flawed .

THE BENEFIT AND THE CHALLENGE

The standards articulated here provide a concrete framework fo r the assessment of competency that can be applied at any point on the
continuum of a legal professional's ca reer and in any specific field within the legal profession. Whethe r an organ ization evaluates law
students, recent graduates , practicing attorneys, paralegals, or any one of a number of other profess ionals, the legal research
competencies identify a set of skills that are essential and measu rable.1o

AALL Principles and Standards for Legal Research Competency, 2013 by the American Association of Law Libraries,
with permission from the American Association of Law Libraries.

It is the hope of the American Association of Law Libraries that the Principles And Standards For Legal Research Competency will provide
value to the legal profession in these key ways:
To foster best practices in law school curriculum development and design ;
To inform law firm planning, training , and articu lation of core competencies;
To encourage bar admission comm ittee evaluation of applicants' research skills;
To inspire continuing education program development; and ,
To impact law school accreditation standards review.
In all environments, competency in legal research reaps benefits for the parent organization and fo r the clients or users of legal services. A
an earlier AALL report explained ,
[L]aw school programs should reflect the realities of the legal field. In particular, an understanding of the many varied legal practice
business models is vital. In Ieday's environment, law firm success hinges on billable time, effective time management, effective
communication, effective peer collaboration , and cost recovery. Similarly, efficient research habits in governmental and nonprofit settings
ultimately benefit those employees and the public. Highly competent research skills, effective problem solving skills, and critical thinking
skills are keys to success in all areas of legal practices of today and the future. 11
The legal professional acquires an understanding of these factors and develops legal research ski lls while in law school , but that awarenes
and those competencies require a lifelong commitment to skills acquisition and rein forcement in order to serve one's clients and
organizations effectively and efficiently throughout one's career.
The American Association of Law Libraries asserts that the principles named here are applicable and desirable across the legal profession
and beyond the law school experience. AALL invites law schools , law firms , contin uing legal education providers , and professional
organizations to engage in the implementation of these Principles and Standards in meaningful ways that will resu lt in more competent,
effective , and efficient legal research , thus impacting the bottom line and service positively.
The challenge to each entity within the legal profession - including law schools, CLE providers, bar examiners , paralegal and law office
manager associations, law firms , and others- is to embrace legal research competency as a necessary skill and to incorporate these
standa rds and competencies into its own performance measures .

In fact, the foundation for these Pnnc1p/es stems horn the /nformatson Literacy Competency Standards for H1gher Educatton (2000).approved by the Association of College and Research Libraries (ACRL) and endorsed both by the

American Association for Higher Education and the CounCil of Independent Colleges. as well as the sign1ficant body of literature on 1nformabon hteracy that has developed over the years.
httpJiwww.ala.org/ala/mgrpsldivsfacrirtssueslinfohtloverviewlintrolindex .cfm .

~ William

~ See

M Sullivan eta! ., Educating lawyers: Preparation for the Practice of Law (2007) (hereinafter, Carnegie Report) .

A.B. A . Sec. of Legal Educ. & Admissions To The Bar, Report of the Outcome Measures Committee 13-15 (July 2;, 2008), avatfabfe a! http:l.fwv...\.v.albanylaw.edufmediafuser/ceiVoutcome_rneasures_fin al_report .pdf.

ld at 1.

SeeAALL Legal Research Competency website at {forthcoming] for additional information targeted to spec1fic constituent groups (such as practiCing attorneys. legal educators , bar examiners and admission regulators, national and state

bar associations, educational accrediting authorities, libr anes and library associations, eta/), along with documents and reports ctlronichng the development of the AALL Prmctples

an~

Standards for Legal Research Campe!ency and

supportmg research discussing information literacy and legal research Skills .

e Anne Ellis , Attorney and Student Research Sk1fls Ideal vs ReaMy, Thomson West To'M'l Hall fo.;leeting at AALL, Research Skills lor Lawyers and Law Students (200 7) at 6, 16.

; Yasmin Sokkar Harker, "lnform ution Is Cheap. but Meanmg Is Expensive " Bwldmg Analyt:ca/ Skill into Legal Researcf! lnstructmn. 105 Law Libr. J 79 (2013) at 1)2.1/11 .

ald. at ~2-24 .

:J /d. at

12 quoting Robert C. Berring. Fu!/ Te}(t Databases and Legal Research Backing 1nto the Future, 1 High Tech . L J 27 , 54 (1986) . Robert Berring is the Walter Perry Johnson Professor of law at the University of California Berkeley

School of Law. He joined Berkeley in 1982 as a professor and direclor of the lawlib1a1y . From 1986 to 1989 he held a joint appointment as dean of the School of L1b1ary and lntormabon Studies . Berring also served as interim dean of the I<
school ftom January 2003 to June 2004 . He stepped down as di1ector of the library in 2005

til

See. supra . AALL Legal Research Competency website .

11

Report. AAL L Law Student Research Competency Standards Task Force for the AALL Executive Board Meetmg , March 29-31 . 2011 , 2.

PRINCIPLES AND STANDARDS FOR LEGAL RESEARCH COMPETENCY

The Principles are broad statements of foundational , enduring values related to skilled legal research , as endorsed by the American
Association of Law Libraries. The Standards provide a set of more specific applications of those norms or habits that demonstrate one's
commitment to and attainment of the principles. The Competencies are activities that demonstrate knowledge and skill. Competencies
provide concrete measures or indicators of successful achievement of the abilities required to meet the standards.
Principle 1: A successful legal researcher possesses foundational knowledge of the legal system and legal information sources .
Standards:

A. An information-literate legal professional considers the full range of poten tia l sources of information , regardless of type or format.
Competencies:
1. Differentiates between primary and secondary sources , and recogn izes how their use and importance vary depending upon the

legal problem or issue.

2. Identifies and uses the most effective secondary sources to obtain background information , to gain fami liarity with terms of art, an
to put primary sources in context.
3. Recognizes differences in the weight of authority among sources and applies that knowledge to the legal research problem .
B. An information-literate legal professional understands the similarities , differences , and interrelationships among and between Un ited
States federa l, state, and local legal systems.

Competencies:
1. Distinguishes between federal , state , and local systems of government; and understands the processes and the interrelationships

among them on all levels.

2. Knows wh ich legal information is produced , organized , and disseminated across levels and branches of government.
3. Identifies appropriate resources to locate the legislative, regulatory , and judicial law produced by the res pective government
bodies.
4. Understands and distinguishes between different types of prima ry law sources, and the weight, reliability, and binding or
persuasive authority of each source.
C. An information-l ite rate legal professional understands the structure and interrelationships between and among foreign and internationc:
legal systems.

Competencies:
1. Recognizes that there are diverse structural frameworks for the va rious legal systems within the global community.

2. Recognizes basic similarities , differences , and interrelationships among and between vario us types of legal regimes, e.g. , United
States law, foreign law, and international law.
3. Identifies information resources that will increase depth and breadth of knowledge regarding a specific legal system.
4. Recognizes that other countries and supranati onal organizations may produce , org anize, and disseminate their legal information i
different ways , and knows how to find th e needed information for a particular legal system .
Principle II: A successful legal researcher gathers information through effective and efficient research strategies.
Standards:

A. An information-literate legal professional selects appropriate research sources.

Competencies:
1. Identifies and analyzes the appropriate legal issues that need to be researched .

2. Recognizes the authority or authorities governing particular legal issues.

3. Knows which print or electronic, primary or secondary , sources contain appropriate and current content on the issue being
researched.
4. Recognizes how tools facilitate research tasks due to content or organization , such as use of controlled vocabulary, synopses ,
annotations, or headnotes.
5. Knows how to check the content of sources and validate the completeness and currency of the selected sources.
6. Supplements or validates preliminary results with additional tools.
B. An information-literate legal professional constructs and implements efficient, cost-effective search strateg ies.
Competencies:

1. Articulates the precise legal issues that need to be researched , whether in the context of:
a. traditional litigation practice,
b. regulatory practice, or,
c. transactional practice.
2. Develops an appropriate research plan for each discrete issue.
3. Knows how to appropriately use available resources to research and understands the relative advantages of different methods of
finding information .
a. Differentiates among various available online search platforms to employ those that are best suited to the task at hand, and
b. Understands the operation of both free and subscri ption sea rch platforms to skillfully craft appropriate search queries .
4. Identifies the most cost-efficient sources , calculating cost of use against time on research .
C. An information-literate legal professional confirms and val idates resea rch results, incorporating existing work product and experti se.
Competencies:

1. Understands the necessity of val idating case hold ings through the use of citators such as Shepard's, KeyC ite , or other citationbased methods of updating case law .
2. Analyzes research results using prior knowledge and experience on the topic in particular, as well as one's general knowledge of
legal principles.
3. Recognizes the benefits of requesting assistance from knowledgeable individua ls, or an institution's knowledge management
system.
4. Understands when to stop the research process.
D. An information-literate legal professional documents research strategies .
Competencies:

1. Records all pertinent information for fu ture reference , such as :

a. resources and methods used ,
b. information considered, and
c. reasons for selecting or rejecting various authorities or resources.
2. Understands and utilizes proper citation forms .
Principle Ill: A successful legal researcher critically evaluates information.
Standards:
A. An information-literate legal professional knows that information quality varies.

Competencies:

1. Consistently applies criteria to evaluate the reliability of information , including but not limited to
a. Authority,
b. Credibil ity;
c. Currency; and

d. Authenticity
2. Understands that these criteria are relevant for both print and online, and legal and non-legal, sources.
B. An information-literate legal professional evaluates legal information through cost-benefit analyses.
Competencies:

1. Understands that there are costs associated with legal research , regardless of type, publisher, or format.
2. Demonstrates cogn izance of the intersection of cost and efficiency in the selecti on of information format, and exercises
professional judgment to choose the best source to serve the research parameters.
3. Understands the costs and benefits of mediated and disintermediated searching , and uses this knowledge to revise research
strategies when necessary.
C. An information-literate legal professional understands the importance of reviewing information obtained.
Competencies:

1. Clarifies or refines the research question as needed.

2. Updates or expands the research.
3. Identifies and addresses any contradictory authority.
Principle IV: A successful legal researcher applies information effectively to resolve a specific issue or need.
Standards:
A. An information-literate legal professional synthesizes research problems in an analytical approach to legal research.

Competencies:

1. Synthesizes legal doctrine by examining cases similar, but not identical, to cases that are the current focus of research, in order tc
articulate how courts should apply current authoritative and relevant case law.
2. Uses research results to craft or support arguments that resolve novel legal issues lacking precedent, when appropriate.
B. An information-literate legal professional modifies initial research strategies as necessary.
Competencies:

1. Understands research as a recursive process, and expands or narrows resea rch queries after discovering unanticipated results.
2. Reflects on the successes or failures of prior strateg ies for integrating new information into the analysis ; and utilizes concepts ,
theories, and facts from prior research to continue the process.
3. Identifies historical sources or scholarship from other discipl ines relevant to resolving a specific issue.
4. Recognizes when specific questions within the larger research problem have not been answered with the information comp iled, b:
either:
a. Recogn izing when the ultimate questions presented have not been fully answered through the research already obtained, or
b. Realiz ing when sufficient research has been completed to address the legal issue or information need.
C. An information-literate legal professional understands when research has answered all questions posed, and when it provides sufficier
background to explain or support a conclusion.
Competencies:

1. Identifies unresolved issues and incorporates analogous background as appropriate if research has not clearly resolved all
ambiguities or uncertainties within the issue posed.
2. Identifies scholarship from other disciplines relevant to resolving a specific issue.
3. Understands how courts or other legal decision-makers have applied materials from other disciplines in the past, and determines
when material from these disciplines might be persuasive in resolving a particu lar issue.

4. Locates background information to help answer a legal issue or need by using resources such as:
a. records of constitutional conventions,
b. legislative histories,
c. administrative histories ,
d. trial or appellate briefs, or
e. economic, policy, business-specific, social , psychological , historical, or other inter-disciplinary research.
D. An inform ation-literate legal professional applies and integrates research into a persuasive document.

Competencies:
1. Cites authority consistent with locally accepted rules , ensu rin g that cited references can be located by the reader.
2. Organizes and integrates content, quotations , or forms , and paraphrases in a manner that supports the argument, brief, analysis ,
or transaction.
a. Chooses an appropriate commun ication format and style for the intended audience; and
b. Integrates charts , maps, or photos into the document or presentation for maxima lly persuasive effect, when appropriate.
Principle V: A successful legal researcher d istinguishes between ethical and unethical uses of information, and understands the
legal issues associated with the discovery, use, or application of information.
Standards:
A An information-literate legal professional understands and articulates the factors that determine the ethics and lega lity of information

use in conformity with a lawyer's obligations to the court, the bar, and society.

Competencies:
1. Comprehends and complies with laws and organizational (firm, school , court) ru les on access to information resources and
storage and dissemination of information.
2. Understands intellectual property issues such as licensing , copyright, and fair use of copyrighted material.
3. Accu rately articulates privacy, confidentiality, security, diligence, and other ethical issues related to research and practice in
accordance with the Model Rules of Professional Conduct, the Model Code of Professional Responsibility, or the prevailing local
law governing legal ethics.
B. An information-literate legal professional understands the laws, rules , and other legal authority that govern a lawyer's use of informatio
in the course of practice.

Competencies:
1. Uses citation of sources to respect authors' intel lectual property rights and accurately indicates where the words and ideas of
others have been used.
2. Comprehends and complies with license and subscription agreements.
C. An information-literate legal professional understands that research skills are among the set of professional skills that are continuously
learned and re-learned throughout one's professional life.

Competencies:
1. Understands loca l requirements for continuing legal education.
2. Affirmatively undertakes training on research platforms as new iterations reach the market.
3. Comprehends that legal research skills , like legal standards , are 'moving targets' subject to further refinement and development a:
th e universe of legal knowledge (and legal research tools) expands.

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