1. Certification Workshop:
Becoming a Power User
Mark Popielarski – Spring 2013

2. Introduction
Why develop advanced searching skills?
Using Lexis and Westlaw effectively – time
and cost
Developing research strategies
Choosing appropriate resources
Constructing effective search queries

3. Why develop advance search
strategies?
―Google‖ search bars useful, but returns many
results—many not relevant
Developing search strategy, selecting
appropriate resource, and using advanced
search features saves time and maybe money
In Westlaw and Lexis Classic, charges are by
search. The larger the database used, the more
it costs.

4. Developing Search Strategies
Identify the legal issue/issues involved
Experience will expedite identification
If given, use controlling
case, statute, regulation, etc. as a
starting point
If not, use secondary source to research
topic

5. Developing Search Strategies (cont.)
 Determine relevant subject(s) and jurisdiction(s)
 Subjects
 Constitutional Law?
 Corporate Law?
 Environmental Law?
 Remember that legal problem might involve multiple subjects
 Jurisdiction
 Always start research with controlling law
 If in Colorado and it is controlling law, focus on CO
 If in 10th Circuit, look at S. Ct. and 10th Circuit cases

6. Developing Search Strategies (cont.)
Research issue(s) by using secondary sources
Generate search terms
Secondary Sources
Legal Thesaurus
Relevant cases, statutes, etc.
Remember legal research is an iterative
process, use new terms to expand upon original
search

7. Secondary Sources
 What are secondary sources?
 Examples: scholarly treatises and law reviews
 Why are secondary sources useful?
 Provides background information and context
 Helps identify additional terms to build your search
 Locate cases, statutes, etc. supporting a particular legal proposition
 Cases already vetted by experts in the field which provides greater certainty of
relevance.
 Not purely relying on computer algorithm and ability to craft perfect search

8. Secondary Sources (cont.)
 While secondary sources online are useful, coverage,
cost, and firm culture may require print usage
 Lexis and Westlaw not comprehensive
 Not all treatises, including important treatises, are available
on these platforms
 Older law review articles not available
HeinOnline contains PDFs of most law review articles—need
citation

9. Secondary Sources (cont.)
 Preeminent Treatises
 While numerous treatises exist covering a wide variety of subjects, some are more
highly regarded than others
 Preeminent treatises are written by highly respected authors and are viewed as
the definitive source for their subject area
 Examples:
 Corbin on Contracts
 Collier on Bankruptcy
 Federal Practice and Procedure
 Treatise on Constitutional Law: Substance and Procedure

10. Legal Database Searching
 How to increase likelihood of relevant results?
 Avoid general searching—narrow search to relevant
topic/jurisdiction when possible
 i.e. Corporate law applying Delaware state law
 Natural Language v. Terms & Connectors
 Natural language useful as starting place when unsure of search
terms
 Terms & Connectors allows greater precision—more relevant
results

11. Legal Database Searching (cont.)
 Use ―AND‖ ―OR‖ judiciously
 Minimal logical relationship—with ―AND‖ first term could be on first page and
send term on last page
 ―/p‖ ―/s‖ ―/n‖ helps establish physical and, hopefully, logical relationship
between terms
 Use root expander to include variations ―!‖
 ―acqui!‖ will search for acquires, acquired, acquiring, acquisition
 Quotation marks for phrases although use of ―/n‖ allows for variation
 free! /2 speech instead for ―freedom of speech‖ and ―free speech‖

12. Legal Database Searching (cont.)
 Try requiring that document contains a minimum number of occurrences for a
specific word/phrase—theory is more occurrences increases likelihood of relevance
(not too high or too low)
 ―atleast‖ in search bar or ―term frequency‖ on advanced search screen
 i.e. atleast10(CERCLA)
 Segment searching—different materials provide different options
 Law Review articles offer Title and Author field
 If search terms appear in title, more likely relevant
 Cases allow for Judge and Attorney searching—very useful when job
interviewing
 Dates—if specific date or date range known, restrict to avoid irrelevant
results

13. Tips
Experiment with different legal research
tools/strategies while they are still free
Research is iterative—do not be afraid to try
modified/new searches
Need help? Talk to a law librarian
DU law librarians available to help
Employer may have law librarians on staff—talk to
them and ask questions!