These notes include all relevant material tested in the SQE2 Legal Research exam, information on the assessment criteria and objectives, techniques on how to develop research skills and mock samples of a research report in each of the practice areas tested in the SQE2 exam.
Legal Research – Course Summary:
UNIT 1: LEGAL RESEARCH METHODOLOGY AND PRINCIPLES
1) Identify the Clearly establish the client’s objective
objective In practice: identify objectives by discussing the circumstances that prompted them to seek legal advice
In SQE 2: identify the client’s objectives from a careful reading of the instructions.
2) Gather Main source of info is the client —> question the client to obtain all the facts that may be relevant to
relevant facts tackle the problem. Gather facts form a range of other sources, including:
Other participants in the matter (ie witness or police officer)
Documents (ie witness statements, contracts, photographs)
Experts (ie surveyors, doctors or forensic scientists)
In SQE 2: facts in the instructions: analyse info to distinguish key, important and peripheral facts.
3) Identify Legal issues will arise from the facts - issues of substantive law, procedure, or a combination
relevant law Stages 2 and 3 are interdependent: researching relevant law may prompt further questions –
* avoid jumping to conclusions on the basis of insufficient facts/law.
In SQE 2: area of law of SQE 1 + law provided with relevant law beyond that of SQE 1 required to
solve client’s problem.
*** some of the law provided in SQE 2 will be irrelevant —> need to identify the relevant law.
4) Apply law to Stages 2 and 3 - aim: build full picture of all factual and legal possibilities.
the facts Stage 4: narrow the focus by applying the law to the material facts.
A solicitor must reassess regularly and be prepared to be flexible as they work between facts and law.
In SQE 2: demonstrate ability to apply the law to the facts by producing a written note setting out the
legal reasoning by which they have arrived at their conclusions.
5) Identify Relationship between facts and law established —> next: a range of potential solutions emerges
possible A solicitor should not focus on the first option that emerges; instead, they should try to ensure that no
solutions alternative is missed.
The advice to the client should not be confined to locating the right law —> law must be used to find a
solution which takes account of the client’s objectives and circumstances
Solutions may be legal, practical or a combination of the two.
Often solutions involve taking positive action. However, it is important to consider the possibility of
doing nothing - Eg it may be worth waiting to see what action another party may take first, or ignoring
the problem as it could solve itself.
6) Consider Once all possible solutions are listed: weigh each in terms of potential rewards and potential risks
advantages and Client’s circumstances influence this analysis - options carry different financial and emotional costs
disadvantages (ie stress of going to court).
Consider rules of professional conduct.
Some options may inappropriate, and others may be more complex/technically demanding.
7) Advise on Now in a position to advise which solution(s) will best fulfil the client’s objectives.
the most Outline the varying costs and benefits in detail, and the consequences of that outcome and options for
appropriate limiting risk.
solution(s) In SQE 2: produce written note setting out advice to the client.
8) Present End of the process: report findings - present results of research in writing
solution(s) in Report must be tailored to the recipient:
appropriate If recipient is client in person: no need to state all details of the research - more concerned with
form practical solutions
Recipient is senior solicitor: more legal detail required.
In SQE 2: assessments will be presented as research to be carried out for a partner.
Principles of legal research:
General rule: begin with a source which gives a general view of the law in a certain area.
Useful starting point: Halsbury’s Laws of England and relevant practitioner works - secondary
sources: commentaries on the law.
Then drill down to primary sources: raw materials of the law – ie statures, case law, statutory instruments.
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, Using indexes:
Most sources will have one or more ‘tables of primary sources’ and a ‘subject index’.
Table of primary sources:
o Index that helps to locate cases, statutes or statutory instruments appearing in a work
o Arrangement may be alphabetical or chronological
Subject index:
o Helps locate commentary on specific areas of the law
o When using a subject index in a paper source it is necessary to look at how it is arranged. There may be
tiered entries such as:
County court (broad topic)
Jurisdiction
Extent
To make best use of the index, it is necessary to look up the most specific keyword that will lead to the
answer to the client’s problem.
Research sources:
In the SQE2 assessments candidates will not be required to find sources for themselves.
The relevant sources (along with some irrelevant ones) will be provided. Must be able to:
Identify what the sources are
Where they come from
The status given to them
The sources should be approached as if they were the product of your own research.
Two types of sources: primary and secondary sources.
Primary sources: legislation, cases and raw materials of the law.
Secondary sources: they state what a commentator believes the law to be.
When conducting Legal Research, generally advisable to start with secondary sources. These are a useful
first step because they provide an overview of the law and highlight any key legislation and case law.
Secondary sources:
Halsbury’s Law of England:
Halsbury’s Laws of England provides a complete narrative statement of the law in England & Wales.
Provides commentary upon the present state of all areas of English law.
Arranged alphabetically by subject. Each subject is divided into numbered paragraphs that summarise
the law in a particular area.
Footnotes direct the reader to related cases and legislation (the primary sources).
Practitioner works:
Practitioner works are written for, and usually by, practising lawyers: detailed and comprehensive
coverage of an area of the law, with special emphasis on practice and procedure.
Although the original author may be long dead, their authority is such that practitioner works often
continue to be known by their name rather than the name of the current editor.
o For example, Chitty on Contracts was originally written by Joseph Chitty (1796–1838).
The overall table of contents can be used to plot the layout of the work as a whole. Tables of cases and
statutes can be used to locate a discussion of particular court decision, statute or statutory instrument.
It is important to check that the content is up to date. At the beginning of a paper version there will be a
note of the cut-off date to which the publisher affirms that the law expressed is current.
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