Tutorial 1

In your own words, briefly describe why legal research is important for a legal
practitioner?

Cambridge Dictionary defined research as a detailed study of a subject especially in order to

discover new information or reach a new understanding. Also, according to Cambridge
Dictionary, legal was known as something connected with law. In brief, legal research is
defined as the process of identifying and retrieving legal authorities necessary to solve a legal
issue and support a legal argument. Hence, through legal research, legal practitioners are able
to find the answer to a legal question or check for legal precedent that can be cited in a brief
or at trial.

During law-study, legal research is an essential lawyering skill. Though a lawyer is

not required to know all the law applicable to the performance of a particular legal service, he
should have a basic and sufficient knowledge of the fundamental principles of law applicable
to the particular work he has undertaken. While lawyers carry out their duties, legal research
helps them to focus on the facts of the case, in which to prepare arguments beforehand the
case, which to give client advice based on adequate consideration of the applicable law and
also to inform the court of relevant material authorities during case hearing. Besides, legal
research also enables a lawyer to perceive the necessity to determine the law on related issues
and discover those legal rules. Lastly, legal research is important because legal practitioners
are used to practice in identifying and retrieving the necessary legal authority in cases in
which to resolve legal issues and legal disputes. LR completes knowledge about the issue,
and all of that information can be harnessed in a professional manner. Regardless of the
complexity of the case, LR will give complete answers, examine any statutes and even ensure
that all legal matters are handled accordingly.

Firstly, Legal Research (LR) is essential to fulfil lawyers’ duties, which are to give clients
advice based on adequate consideration of the applicable law. Though a lawyer is not
required to know all the law applicable to the performance of a particular legal service, he
should have a basic and sufficient knowledge of the fundamental principles of law applicable
to the particular work he has undertaken. Thus, LR will enable him to perceive the need to
ascertain the law on relevant points. LR also informs the court of relevant material
authorities. Besides, it keeps abreast of developments in law. Next, LR helps to focus on the
facts of the case. It also helps to identify the point of law in the disputed issue. LR will also
help prepare arguments that can be used in court. LR supplements the area of practice, since
it backs up everything with credible sources, evidence and even historical data. LR completes
knowledge about the issue, and all of that information can be harnessed in a professional
manner. Regardless of the complexity of the case, LR will give complete answers, examine
any statutes and even ensure that all legal matters are handled accordingly.

Briefly explain research strategy

 ‘I’ stands for ‘Issues’. Issue identification is crucial for effective research. The most
basic step in legal research is to find the issues in question. Often the issues are not correctly
identified, or some issues are missed altogether. Besides, some questions have more than one
issue so it is very important to identify all of the issues present in the question. Researchers
need to identify the main issues in a particular question.

Moving on, ‘L’ stands for ‘law’ and ‘legal principle’. For each issue, researchers
should set out the relevant legal principle and, where necessary, make distinctions why
certain cases are wrongly decided, ought to be construed narrowly, or distinguished. Rule is
the most important part of legal research. The rule and the facts are inextricably linked. As
laws are constantly changing, hence when choosing the suitable rule to be applied on the
facts, thus it must be updated. Moreover, researchers should always choose Federal Court
authorities and not to cite the High Court decisions, or even Court of Appeal decisions. This
is because they could have been overruled by a higher tribunal. At some point, they become
quite useless as authorities unless your argument is that the decision had been wrong all
along.

Besides that, ‘A’ stands for ‘application of the law to the facts’. Researchers must be
able to analyze whether our facts fit established principles of law; and if there are difficulties,
synthesize new, logical positions and explain your reasoning process. At this stage, the law is
applied to the facts to resolve the issue.

Lastly, ‘C’ stands for ‘Conclusion’. At the end, every researcher should have reached
a conclusion based on the analysis he has done. This is the destination and target. There is no
right or wrong answer, only logical analysis based on the rule and the facts which lead to a
reasonable conclusion.

Issue - Issue identification is the most important element in the analysis and must be stated in
a way to show what is in controversy. Through the issue, it weaves together the rules and
facts particular to the problem identified. Therefore, when the issues are not correctly
identified, it might influence the next law to be applied and the application of law to the facts
in a wrong direction.

Rule – Rule is the main important part of legal research. The rule and the facts are
inextricably linked. As laws are constantly changing, hence when choosing the suitable rule
to be applied on the facts, thus it must be updated.

Analysis - The analysis or application is the heart of the discussion and sometimes works
better combined with the rule. It is where you examine the issues raised by the facts in light
of the rule. Your statement of the rule will drive your organisation of the analysis.

Conclusion - Conclude each issue before drawing your final overall conclusion. There is no
right or wrong answer, only logical analysis based on the rule and the facts which lead to a
reasonable conclusion.

Black’s law dictionary defines legal research as the finding and assembling of authorities that
bear on a question of law.
Tutorial 2

1. What are the principles taken into account for a client interview?

Principle 1: You are in control

The goal of the client interview is to gather enough information to assist in the resolution
of the client's problem. Lawyer should be in command of the interview and should be
able to control all aspects of the procedure to obtain the best possible conclusion. For
example, when and where the interviews are held, who should be present, which issues
are significant and which are not, the emphasis of the interview, what questions must be
asked, how the interview will be recorded, and the tempo and tone of the interview.

Principle 2: The client makes the decisions

Clients employ lawyers with the expectation that they would deliver professional counsel
and precise legal knowledge. In general, the client is the lawyer's employer, and the
lawyer is compelled to do whatever the client desires. Lawyers are allowed to take
specified action on the client's behalf to represent their aspirations and interests as well as
encourage their clients to choose the best legal option but the client always has the last
say, and the lawyer must obey the client’s option.

Principle 3: Understand some psychology

When asking your lawyer-client interview questions, is the client fidgeting, or do they
look like they have something to add? Thus, the lawyer should also pay attention to non-
verbal cues. Clients may be nervous or intimidated, but non-verbal communication can
help you determine if you need to ask more specific questions to get them to share more.

Principle 4: Emotions matters

Not everyone will respond positively during the interview. The client may distrust the
lawyer or be frightened, thus mutual confidence must be built up. Clients come to the
lawyer when they are at their lowest, thus the lawyer should be empathic, polite,
respectful, and properly inquisitive, regardless of any personal sentiments they may have
against the individual.

Principle 5: The relationship matters

Lawyers have an overarching duty to perform legal services undertaken on a client’s

behalf to the standard of a competent lawyer. This means a client is entitled to expect the
lawyer has the ability and capacity to deal with legal matters. Lawyers have a fiduciary
obligation to their clients and must be honest and candid with the client and act in good
faith to advance their client’s best interests.

Principle 6: Anticipate common problems

Lawyer read the appointment brief, law/cases related to the client's problem. Hence, they
will be able to gather information before meeting their client.
Principle 7: Show that you have a structured approach

The more a lawyer prepares, the better the interview will go. The lawyer should have a
structured approach which helps him to focus on the most important evidence, leading to
an effective client interview; Makes it more difficult for the client to be misleading or
evasive; Demonstrate competence and professionalism

Principle 8: Show that you are ethical and professional

The legal profession has a huge responsibility within society as upholders of the rule of
law, and protectors of individual rights against abuses of power. Competent
representation requires the legal knowledge, skill, thoroughness and preparation that is
reasonably necessary to represent a client. Lawyers should also act diligently and
promptly, which a lawyer should not accept work that he or she cannot carry out in a
competent and timely manner.

Tutorial 3

Explain the steps in conducting legal analysis

Introduction

The general legal problem-solving process is to analyse the facts, frame research
questions, conduct legal research, state the relevant law, apply that law accurately to the
facts, and reach a conclusion that is justified by the analysis.

Content

1) Analyse the facts

- The first step in analysing a legal problem is to gather the facts, usually from a
client interview. The more acquainted you are with the law regulating the issue
of the client, the more important the information you will receive at first. If
you don't know much about the law that affects the problem, you can always
use the five "W's" as a fact-gathering guide: who, what, when, where, why
 - Analyze the facts involves determining which facts may be legally
significant/legally more important. At this stage, fact analysis can lead to
formulating the tentative, overall issues in the case. The more you know about
the law that affects the problem, the more precise your issue statement tends to
be. This analysis also may change as you research the law and gather more
facts. No matter how tentative, however, such an analysis serves to focus your
research and fact discovery hearing guide: who, what, when, where, why.
- Example: Ali ’s family is suing Omar for negligence due to a car accident that
caused Ali ’s death. Omar is your client.
- Fact 1: Omar was driving at 75km/h in a 60km/h zone. Omar was on duty as a
police officer in response to a report of a bank robbery. During the car chase,
Omar collided with Misha who came out from an intersection.
- Issue: Is Omar liable for negligence?

2) Frame research questions

- After the fact analysis, it will then lead us to formulate the tentative and
overall issues in the case. The issue in the case is also called the terms of legal
questions. It is important to know the problem in the case better as this will
make the issue to be precise.

3) Conduct legal research

- After framing the research questions, we shall proceed to legal research
- Legal research is the process of identifying and retrieving legal authorities that
are needed to resolve a legal problem or to support a legal argument. Legal
research is important for lawyers to fulfil their responsibilities, which include
providing clients with advice based on a thorough understanding of the
applicable legislation.
- Library/ Printed Resources: Legal theories, principles and position of law may
be easily referred to by sitting in the library. Contents of the documents are
self-sufficient to be shown as good evidence of what law is on any issue of
law and society, explanations, and object of law can be referred to by bare
reading of texts. That is why library research is the most convenient way of
data collection. (eg. statutes, case law)
- Online: It involves the finding of authorities from electronic, non-printed
resources using online tools/search engines. (eg. e-books, online journals,
online law reports, electronic databases such as LexisNexis)
- As a result, legal research assists in focusing on the case's facts while at the
same time determining the legal point of contention

4) State the relevant law

- Once we analyse a problem’s facts and laws, identify the legal issues, we must
formulate, evaluate and select legal theories of the case. Then only we can find
out the relevant laws to the facts and argue.
5) Apply that law accurately to the facts

- The application part applies the laws developed in the laws part to the specific facts of
the issue at hand, by simply matching up elements or factors identified in the law with
the facts. A magic word “because” has been used the most in a legal analysis, the
word “Because” will force the writer to make connections between the law and facts.
- Application is also the part to draw similarities between the case and the referencing
provided by the writer.

6) Reach a conclusion that is justified by the analysis

- The conclusion will only be accurate if we apply the laws accurately to the
facts (There is no right or wrong answer)

Conclusion

Legal analysis helps the lawyer to provide a good answer and satisfy the aim of the client
as the lawyer provides the best arguments with the relevant authorities and examples.