Importance Of Legal Research

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Critically examine the importance of legal methods, research and writing.

This essay critically examines the importance and relevance of legal methods, research and writing. This view can be determined as being quite factual. This essay posits that legal methods, research and writing are skills necessary for success within the study and practice of law. The following will be shown in support of this thesis. Firstly, that legal method is critical to a better understanding of legal principles as it establishes the foundation of other legal courses as well as to the application and analysis process carried out by legal professionals. Secondly, that legal research is an essential procedure for aspiring and established lawyers. Lastly, that legal
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Legal research is therefore the process of finding the law that applies to a client’s problem to support an argument or solve a legal issue. Thus, legal research is a skill that must be acquired by individuals within the legal profession as there is an overabundance of cases and statutes that must be reviewed to come to a legal conclusion. Legal research can be characterized as one of the most important skills for students to grasp within their undergraduate degree as they must learn how to locate the applicable authority of law among the plethora of cases and statutes, assisting them in building the framework needed for legal analysis . Legal research is vital to lawyers as cannot practice law without conducting research and do not have the option of possessing mediocre researching skills . There is therefore a standard of legal research that is expected of lawyers as seen in Lougheed Enterprises Ltd v Ambruster , where it was determined that legal counsel has a duty to ensure that they are knowledgeable of the relevant authority to strengthen one’s argument. Gibb v Jiwan highlights this duty, where Justice Ferguson stated “The court must rely on counsel to conduct reasonably complete research on points of law they raise. That is part of counsel’s professional duty”.…show more content…
Legal writing, regarded as one of the most vital tools within the legal field, is a skill that is important to both law students and legal professionals, as it is the basis in which one can successfully persuade and advocate their legal position. Students studying law as their undergraduate degree, often find legal writing a very difficult concept as they are required to abandon the writing techniques they once learnt within other disciplines . Though it is challenging, the emphasis of the importance of legal writing cannot be underestimated. Students are stressed on the importance of legal writing because the basis of the success of a lawyer is mostly determined on their ability to write well. A study conducted by the American Bar Association concluded that majority of employers expect recent law school graduates to possess an above average level of competency in relation to legal writing. Therefore, students are taught legal writing courses within their first year to aid in writing for other courses and to ensure they have more time to hone such a skill. Wojick even noted that by possessing outstanding writing skills, will more likely result in a form of future job security. Slocum (2011) noted that the skill of writing the analysis and solution of a client’s legal issue, is the basis of a lawyer’s practice. Kauffman (1978) further expounded on this
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