1L Tip Today: Memo Research

1L TIP TODAY

I was so worried that I had missed an important case in my research. How does anyone ever even “know” when they have done “exhaustive” research on a topic?

It will take time for you to feel confident that you “know,” but if you do all of the below (warning: it takes a minute), you should feel as confident as one can be.

1. Once you have pulled and skimmed some useful cases (from secondary sources, keyword and/or headnote searches), pull and review every case that is cited within in those useful cases (under the applicable headnote(s)).

2. Repeat. Then repeat again until you are no longer seeing any unfamiliar new cases.

3. Shepardize every case found (or do whatever it is now called to find all the cases that cite your case, under the applicable headnote(s)). Review all the cases generated that you have not seen already.

🔹Westlaw allows you to filter your Shepard’s results by headnote. (I am sure that Lexis does too, but I prefer to use WL.)

4. Repeat the above steps until you are familiar with (i.e., you have reviewed) every case you find in steps 1-3.

🔹To be really safe, Shepardize all your cases in whichever of the two databases you have not used. (You should already be familiar with all the case results, but occasionally I pick up another stray on Lexis.)

There will come a point when: you start seeing all the same cases cited in the cases and Shepard’s results; there remain no more unfamiliar cases popping up within those cases or results; and there are no more cases to Shepardize. This should give you peace of mind.

It can be a laborious process, this “exhaustive” research thing—hence, the name, “exhaustive”—but if you follow the above steps, you should be as sure (as anyone is ever sure) that you have found all of the relevant cases.

Good luck! I am sending energy and extra hours in the day to all!

Anyone else have tips to save the 1Ls some time? A different “exhaustive” process you use successfully? Please comment and share!