How Lawyers Acquire and Utilize Law to Build Their Cases

It is tempting to believe that the way lawyers acquire and utilize law to build their cases remains outdated, but as a 35-year attorney now retired, my experience suggests otherwise. The ability to access and interpret legal information effectively is a critical skill in the legal profession, and today, in the digital age, the tools and methods available for legal research have changed significantly.

The Evolving Landscape

During my tenure in the legal profession, I encountered several instances where the old-school methods of legal research needed to be supplemented with modern tools. My practice was predominantly in Federal Court, with a focus on constitutional law and labor law. One particularly memorable case involved interpreting a regulatory statute, often an area where legal experts from various agencies such as the U.S. Department of Justice (DoJ) come into play.

Adequate Research by All Parties

My opponent in this matter was DoJ, a formidable and renowned department. Both sides conducted thorough research, utilizing the agency library in Washington D.C. This necessitated accessing a range of legal materials, from loose-leaf volumes to constantly updated inserts, a process that was both expensive and time-consuming. I noted that we filed our briefs, with me submitting a 25-page reply brief, and we argued our case before a Federal Court of Appeals, each with 25 minutes allotted for presentation.

Despite the thoroughness of our research, the court ultimately ruled that both my team and DoJ had relied on outdated regulations. This revelation was both surprising and enlightening. After returning to the agency library, I found the correct version of the regulation still existed, substantially different from the outdated one we had relied on. This incident highlighted the pitfalls of relying solely on physical, infrequently updated materials in a rapidly evolving legal landscape.

The Shift to Digital Research

The advent of the internet and the digital revolution has transformed the way lawyers conduct research. Internet access has made it easier to find and cite cases, statutes, and legal principles. Near the end of my career, I discovered that my Gmail account contained daily law digests of applicable cases, a benefit of my membership in the Los Angeles County Bar Association. A simple Google search usually led me straight to the leading case in a matter of minutes.

The Primacy of Google and Search Tools

A well-trained, recently graduated lawyer today has access to the best legal library ever existed, which is Google. The law is too easy to find through a simple web search. Tools like Lexis and Westlaw, which once seemed indispensable, have become irrelevant due to the effectiveness of Google’s algorithm. In many cases, a simple Google search can provide the same—if not more—value than these expensive databases.

The legal profession has moved away from the days of out-researching adversaries, as the efficiency and accessibility of online resources have leveled the playing field. The Google algorithm, refined over years, is highly effective in locating the relevant legal information. This means that today, a lawyer who knows how to search online has the best resources available at their fingertips.

The Role of Case Law and Supreme Court Decisions

For a deeper understanding of the law, a lawyer can look beyond the surface. Familiarity with cases from a jurisdiction’s Supreme Court, particularly those containing dissenting opinions, is invaluable. These cases often provide a comprehensive analysis of the issue and its historical context, surpassing the utility of practice guides. In many instances, the cases themselves explain the law better than any practice guide could.

If a case does not reach the Supreme Court, its persuasive value is minimal. This means that most lawyers focus on Supreme Court decisions for their jurisdiction, as they are the highest authority and their rulings are binding on lower courts.

The Value of Online Legal Blogs and Forums

Another valuable resource for lawyers is the wealth of information available on legal blogs and online forums. These platforms contain countless "war stories" written by experienced lawyers, often offering insightful strategies and valuable legal arguments. For example, my experience with a trucker who needed to defend against a traffic ticket showcased the power of online resources. A quick Google search revealed a brilliant legal strategy based on poor legislative drafting, made freely available by a trucking law specialist.

Furthermore, the legislative process in many locations, such as California, often results in the legislative body not effectively addressing issues, making such resources even more crucial. The legal blogosphere, therefore, serves as a treasure trove of legal expertise, allowing lawyers to access and utilize the best work of their peers.

The Necessity of Practice Guides

While online resources have simplified legal research, traditional practice guides still hold significant value. Publications like the Rutter Guides and Rutter's Civil Procedure Before Trial are invaluable resources, offering a wealth of practical insights and advice. These guides remain essential tools for any lawyer handling cases, providing context and protocol that are difficult to find elsewhere.

In conclusion, the landscape of legal research has dramatically changed over the years, moving from physical libraries to digital resources. Efficient and effective legal research is crucial, and today, lawyers who utilize online tools and resources can achieve remarkable results. Modern legal practice requires an understanding of both the traditional and the digital, as both play crucial roles in building a robust legal case.