Legal Research

Judge Gerald Lebovits has written a fun, tongue-in-cheek guide to writing briefs.  Some quotes that warm the heart of a research librarian:

Bury the bad cases -- the ones that go against your client's position.  If you've found a case that goes against your argument, don't mention it.  Let your adversary find it. . . . Let the law clerks do some research.  They get paid to do your research.

Citations are for the lame and the weak.  Miscite your authorities.  Get the volume of the reporter right, but forget page numbers.  Close enough is good enough.

Nor should you cite much legal authority.  Judges are busy skeptics.  It's fun to make them and their law clerks research from scratch.

Don't cite binding cases from your jurisdiction.  Cite oral decisions.  Cite and quote only from dissenting and concurring opinions.  Don't cite constitutions, statutes, or other laws.

This article just might become required reading for my class, Advanced Legal Research!