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Legal research
Staying in control, on
budget and in the know
Note: This article is adapted from a presentation to the Annual Meeting
of the Nova Scotia Barristers’ Society held on June 14, 2014.
Part I: General tips on cost-effective and efficient legal research
Efficiency in legal research can only be achieved with the right
tools and a solid strategy. Jumping straight into keyword
searching might seem like the most efficient approach, but
taking a step back to consider your research question in context, and
to plan what resources you will check and how you will check them,
will save time and money in the long run. (Taking a few deep breaths
can help too.)
Let’s start with time- and money-saving tools: It’s worth investing
in a few key legal texts in your practice area(s), along with up-to-date
versions of any annotated statutes that you use on a regular basis
(e.g., the Divorce Act, the Bankruptcy and Insolvency Act, etc.). The
up-front cost may seem daunting, but consider it an investment
in your practice. Having a comprehensive resource on the subject
matter at your fingertips—in hard copy or electronic form—will be a
worthwhile asset, whether you are looking for a refresher on general
principles, or a quick answer to a specific question.
It may also be worth investing in an online research tool, to
complement your secondary sources and what’s available on CanLII.
Legal publishers such as LexisNexis Canada, Thomson Reuters, and
Wolters Kluwer offer comprehensive online research products as well
as discrete subject-specific products that may provide more value,
depending on your practice. Legal publishers often offer free training
opportunities as well (check InForum for upcoming sessions).
When you’re building your toolkit of research sources, take
advantage of what is
available for free. Most
of us are familiar with
CanLII, but what about
Deborah Copeman, Librarian, NSBS
Jennifer Taylor, Research Lawyer,
Stewart McKelvey
CanLII Connects? Practitioners and academics are adding summaries
and commentaries to the site every day. Law firm blogs are another
great way to get a feel for a particular topic, and many of the leading
Canadian “blawgs” can be found (for free) on www.lawblogs.ca.
There are also “subject research guides” on the Society’s website.
In that vein, take advantage of libraries. The Society’s Library &
Information Services staff, based out of the Halifax Barristers’ Library,
can assist practising lawyers and articled clerks no matter where you
are in the province. See the Library services portion of the Society’s
website for information on distance borrowing, document delivery
services and licensed resources available for use at Barristers’ Libraries
in Halifax, Kentville and Sydney.
It’s not just law libraries, either: the Borrow Anywhere, Return
Anywhere program of Libraries Nova Scotia allows cardholders to
borrow materials from the Sir James Dunn Law Library, Dalhousie
University, the Cape Breton University Library, and most college,
university and public libraries in Nova Scotia. The Nova Scotia
Legislative Library is another option: it provides access to current and
historical Canadian provincial and federal legislation.
So you have your tools. Now what is your strategy? It’s important
to have a basic system that captures the foundational tools outlined
below. Before embarking on a specific research question, map out
how you’re going to search for the answer in accordance with your
systematic approach. If you have to research an issue related to expert
evidence, for example, your checklist might include the following
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