Introduction
[Image from here]
Imagine this: you’re in a meeting with a client, and they pose a tricky legal question. You need to provide them with a well-reasoned answer rather than just an opinion. Or perhaps you’re working on a research paper requiring solid sources to support your arguments. In both scenarios, guess what? Your legal research skills will determine the outcome.
As a law student or lawyer, excelling in legal research isn’t merely about locating case law or statutes. It involves knowing where to look, how to analyse, and how to present your findings in a clear and persuasive manner. Whether you’re preparing a client note, drafting a consultancy report, or composing a research paper, the ability to delve deeply, filter relevant information, and apply it effectively distinguishes an average legal professional from an exceptional one.
So, how do you get better at it? Well, that’s exactly what we’re going to explore. Let’s dive into the strategies that can make legal research less overwhelming and more impactful!
The Scope of Any Research
The foremost aspect is to understand the purpose of the research, whether it is for a client note, consultancy opinion, or a paper. You can follow the five key steps:
- Choosing a topic & framing a title: The foundation of your research.
Say you’re fascinated by the increasing number of copyright disputes over AI-generated content. Instead of a generic title like “AI and Copyright Law,” you refine it into something more intriguing: “Who Owns Creativity? The Legal Dilemma of AI-Generated Works.”
- Building a framework: Includes reviewing existing literature.
Let’s say you’re researching trade secrets protection in India. You delve into cases such as Zee Telefilms v. Sundial Communications and Tata Motors v. State of Bengal while examining scholars’ perspectives on how Indian laws align with global standards. By reviewing these resources, you recognise that India lacks a dedicated trade secrets law. This absence becomes a crucial element of your research.
- Defining the research problem: Setting objectives, questions, and hypotheses.
Consider examining the impact of blockchain on trademark registration. Rather than using a vague objective like “Studying blockchain and trademarks,” you specify it further:
- Objective: To evaluate how blockchain can reduce trademark infringement.
- Research Question: “Can blockchain make trademark registration faster and more transparent?”
- Hypothesis: Blockchain integration in trademark systems will reduce fraudulent registrations by at least 30%.
- Deciding & executing methodology: Gathering data through doctrinal or empirical methods.
Say, you are researching ‘startup patenting filing in India’ and need some real-world insights. Instead of relying only on statutes and data, you conduct interviews with startup founders and patent lawyers.
- Empirical Approach: Survey 50 startups to understand challenges in patent registration.
- Doctrinal Approach: Analyze Indian patent laws and their alignment with international treaties.
- Presenting your findings: In writing or verbally.
Furthermore, you have completed your research on Geographical Indications (GIs) for indigenous handicrafts. Now, you have two options:
- Written: You publish a paper titled “Protecting Heritage: The Role of GIs in Preserving India’s Handloom Industry” in a law journal.
- Verbal: You present your findings at a conference, using case studies like the Banarasi saree and Darjeeling tea to make your argument engaging.
These steps apply to both analytical and empirical research, except for traditional office legal research, where you’re simply given an argument and tasked with finding supporting case law.
Breaking Down the Components for Legal Research
[Image from here]
Topic and Title
There are no strict rules for choosing a research topic, it’s entirely up to you! You can pick something that interests you, a trending issue, or a topic from a journal’s call for papers. But once you choose, giving it a title early on is crucial. A good title acts as your research compass, guiding your reading, shaping your questions, and steering your methodology. See the following two things:
- Can you study it?
Consider your time, resources, and expertise. Don’t pick a topic that requires specialized knowledge you don’t have, like a deep dive into psychology without a background in it.
- Should you study it?
- Social relevance: Is it a meaningful issue? If your research won’t add value, reconsider. For example, studying how many laws Parliament passes annually is pointless unless linked to a pressing legal issue.
- Personal goals: Be honest about your motivation, whether it’s curiosity, career advancement, or a course requirement. Knowing your real aim keeps you focused and helps avoid bias.
For instance, if you choose “Rights of Prostitutes in New Delhi,” ensure you have access to reliable sources and that the topic aligns with your research goals. Once you finalize your topic and title, the next step is building your research framework.
- The Framework of Your Research
Your research framework is essentially the story behind your topic—what’s happening, why it matters, and what gaps exist in current knowledge. It helps you define your aims, draft research questions, choose methodology, and justify your study. Some key elements of a strong framework include:
- Your Experiences: Your prior knowledge can add depth, but don’t let personal experience override objective research.
Example: If you’ve worked with NGOs on sex workers’ rights, that insight is valuable but must be balanced with legal research. - Literature Review: Read widely and analyze existing work but don’t just summarize! Identify contradictions, gaps, or biases.
Example: If past studies claim all prostitutes lack autonomy, but you find cases where they voluntarily chose the profession, that’s a gap worth exploring. - Thought Experiments: Asking “what if” helps test your arguments.
Example: What if sex work were completely decriminalized? Would it improve working conditions or create new legal challenges? - Current Debates: Keep an eye on public discourse, it can offer fresh perspectives.
Example: If Parliament is debating sex work laws, incorporating those discussions makes your research timely and relevant. - Research Problem
Your research problem must answer one key question: Why is this research needed? You can justify it in two ways:
- Identifying gaps: If the law or facts on the issue are unclear, your research fills that void.
- Challenging assumptions: If past studies have made incorrect claims, your work sets the record straight.
Example: If the literature on sex workers’ rights discusses unwanted pregnancies but never explores why they happen, your research could investigate the root causes, filling an important knowledge gap.
- Aim of the Research
Once you have a research aim, the next step is to break it down into clear, focused research questions. These guide your study and help you stay on track.
Example: If your aim is to understand why prostitutes face unwanted pregnancies, your research question could be: “Do Delhi’s prostitutes have the freedom to insist on contraception?”
Tips for a Strong Research Question:
- Make it precise: Avoid vague, broad questions like “How can we ensure justice for prostitutes?”
- Keep it focused: Too many questions dilute your research. Stick to the essentials.
For example, suppose you are researching copyright issues in meme culture. Rather than posing numerous questions that stem from different areas, such as:
- How do copyright laws apply to memes?
- What are the global differences in meme copyright enforcement?
- How do social media platforms handle meme copyright claims?
- What if new channels use memes to spread information?
Instead, you refine it to a single targeted question: “Do commercial memes used by news channels qualify as fair use under Indian copyright law?”
- Consider different styles:
- General vs. Particular: “Do Delhi’s prostitutes have this freedom?” (broad) vs. “Do prostitutes in Pant Nagar, Delhi, have this freedom?” (specific).
- Instrumentalist vs. Realist: “Do prostitutes believe they have this right?” (subjective) vs. “Do they actually have this right?” (objective).
- Variance vs. Process: “In what % of cases do prostitutes successfully negotiate safe sex?” (numbers-based) vs. “How do they negotiate?” (process-focused).
A well-framed research question sharpens your focus and makes your study meaningful!
- Hypothesis
Your hypothesis is your tentative answer to your research question. An educated guess based on what you’ve read and your intuition.
Two Ways to Approach It:
- Deductive Approach (Positivist): Start with a hypothesis and try to prove it false.
Example: “Most prostitutes in Delhi don’t have the freedom to insist on contraception.” Your research then tests if this is true or false.
- Inductive Approach: No hypothesis at the start. You collect data first and then form conclusions.
Example: You interview prostitutes about unwanted pregnancies and discover they lack the freedom to insist on contraception. That becomes your finding.
- Methodologies and Methods
“Methodology”: Your broad approach. Are you looking for hard facts (positivist) or human experiences (interpretivist)?
Example: If you want to study prostitutes’ autonomy, you could choose qualitative research by interviewing them about their experiences.
“Method”: The actual tool you use. Surveys, interviews, experiments: what will you do to get data?
Example: If you want numbers, you might conduct a survey asking, “How often do customers refuse contraception?”
Your approach decides your tool!
- Presenting your Research
Writing: Your research needs to be clear, well-structured, and properly cited.
Example: If you’re writing on prostitutes’ rights, your article should flow logically, use solid references, and follow citation norms.
Speaking: If you’re presenting your research, make it engaging and to the point.
Example: In a seminar, instead of reading a paper word-for-word, highlight key findings and ask thought-provoking questions.
Both matter: write well & speak effectively!
Become a Pro at Research and Writing!
[Image from here]
Want to know more tips on research and writing? Take a look at the 2-month long Legal Research and Writing (LRW) Course by LLS! Strong research and writing skills are non-negotiable when you’re in the legal field. It gives you practical experience to apply in real-world legal settings.
What’s in it for you?
- Learn how to begin your research journey, select the right topic, and structure your writing effectively.
- Develop top-notch research and writing skills to enhance your expertise and CV.
- Craft well-researched, publishable papers that set you apart in academia and the legal profession.
- Master the art of drafting persuasive moot court memorials and high-quality legal documents.
- Become proficient in footnoting, endnoting, and referencing with precision.
- Gain insights into editing and refining your work for conferences, seminars, and publications.
- Get hands-on experience with essential legal research tools like SCC Online and Manupatra.
Looking for an even deeper dive into legal research? We’ve got you covered. Try our 4-month comprehensive course on ‘Advanced Program in Legal Research and Analysis.’ This course is a step up from the 2-month version, giving you an extended learning period packed with all of the above as well as the following additional benefits:
- Join over 25 live sessions where you’ll learn practical legal research and writing skills to help you succeed in both academia and your legal career.
- Take part in 4-6 monthly freelancing sessions, where you’ll learn how to price your services, network, and manage clients to build a successful freelancing career.
- Get personalized feedback on every assignment so you can improve and grow your skills.
- Learn how to create and improve your freelance profile with simple steps that make you stand out.
- Master advanced research tools, including popular legal databases and AI tools, to take your research to the next level.
- Discover SEO tips for legal writing, helping your content get more attention online.
Get ready to take your legal research skills to the next level! But don’t just stop there. Strong research skills will make your moot memos sharper and more persuasive! If you want to dive deeper, you might find the ‘Moot Course & Competition’ by LLS really helpful.
