Basics of Legal Research

Technological advancement has revolutionized the way paralegals conduct a research. There is an overreliance on electronic resources due to the ease of using them. Electronic research must be competent to avoid adverse consequences. Although most legal resources are in electronic databases, traditional resources are still used as additional references as well.

Paralegals must be efficient and thorough when conducting an electronic research as long as they have an obligation to clients to provide the latter with the best results possible, at the least cost, and in a short time. A thorough knowledge of electronic research techniques has a significant impact on the integrity and effectiveness of the research (Yelin & Samborn, 2009). The paralegal must undertake reasonable and adequate preparation on matters relating to the facts of the case. Understanding the case facts lays the ground for conducting an electronic research. The paralegal must ensure that the research is relevant to the facts of the case. Moreover, they ought to adhere to the standards of ethics that govern the conduct of a legal research.

The use of inept electronic research practices affects the competence, reliability, and validity of the research resources. Rule 11 of the Federal Rules of Civil Procedure requires persons to conduct an inquiry relating to case facts before embarking on filing a suit in a federal court. The case of Deters versus Davis of 2011 sets the ground for understanding the consequences of inadequate legal research. First, sanctions may be imposed on a party that presents inadequate legal research. The sanctions may be nonmonetary or monetary. The sanctions that are imposed should be able to deter the repetition of the inept conduct (Yelin & Samborn, 2009). Second, the attorney may be disbarred if a disciplinary action is taken against him and there is an adequate evidence to prove misconduct. The disciplinary hearings seek to prove that Rule 11 was violated, and if such action is repetitive, the presiding offer may recommend for disbarment. The most significant consequence of the inept research is that it hurts the client’s case and results in civil liability.

The sources of legal material require continuous updating as the changes in law take effect. It is easier to update electronic resources as opposed to printed traditional reference resources. Traditional legal research material is updated using supplements, pamphlets, and pocket parts (Barkan, Bintliff & Whisner, 2015). Certain supplements include replacement volumes whereas pocket parts the additional material is put inside the material’s back cover. Legal research resources that take a loose-leaf format are updated by having the outdated pages replaced with new pages containing changes. Therefore, traditional reference material can be current only if those responsible for updating material do it in time. However, if the material is not continuously updated as changes occur, then it is not as current as the electronic resources. The ease of updating the electronic resources ensures that the material is current and reliable.

Even with the technological advancement, traditional resource materials are still popular due to the benefits they have over the electronic sources. First, printed resources offer random and structured access which is essential in legal research since it provides easy access to relevant information. The structured access tools include a table of content, head notes, and indexes. The table of content and indexes facilitate random access to pages of a given print resource. Second, traditional resources have stability and the resources are in an unalterable state. Modifications can only be done by the authorized persons.

Traditional resources are not without drawback. First, the use of print material depends on the availability of the material (Barkan, Bintliff & Whisner, 2015). Certain law libraries may lack the resource that a user needs. Second, the complexity of the use of print material makes it difficult for the users that are not familiar with it to locate relevant information.

Legal research whether using traditional or electronic resources must be competent. Paralegals have an ethical obligation to conduct in-depth and effective research before presenting facts in a court.