Factual Research

by Will Newman

People think that law is a dramatic job, best carried out by charismatic orators. But the hardest and most important part of the job is reading carefully and doing lots of research. That’s where a team full of researchers makes a big difference. And while this is illustrated in media by showing a dimly lit table with lots of papers and tired looking people suddenly discovering something groundbreaking, it is usually just people reading screens and typing notes for hours.

Why should you read this post about fact research?

  • You’re researching how to research.

  • You read my post about case law research and now you’re ready to research something else.

  • It would read you if you were a post.

Image credit: https://en.wikipedia.org/wiki/Library#/media/File:SanDiegoCityCollegeLearningResource_-_bookshelf.jpg

Discovery

The first place to learn the facts is in the materials the parties gathered and produced in discovery. The bulk of the relevant material may be there since it includes the materials the parties thought to ask for and that counsel identified as being relevant.

But there may be relevant information elsewhere! And so a creative litigator thinks outside of the box and searches for more facts that may be useful.

Internet and Public Records Searches

The next place lawyers often search is the internet. A lot of helpful information can be found with a simple Google search.

Next, there are a bunch of public records that may provide leads to helpful information, like SEC filings or real estate records.

And third, looking at publicly available court records for other lawsuits involving the same people may reveal evidence filed in those cases that can be helpful in another case.

Third Party Witnesses

In addition to sending a subpoena to third party witnesses and getting documents and depositions from them, it may be possible to just find people with useful information, email them or call them, and ask to speak. People are often reluctant to speak to a lawyer, but some people are willing to talk.

Investigators

I watch the show The Good Wife, which I believe overstates the role of investigators in commercial litigation, but I have used investigators before and they have been helpful. Investigators may be familiar with public records searches that lawyers do not often use, and they may have the time, resources, and experience to go talk to people, visit places, and learn information to obtain helpful evidence and explore new theories.

Litigation law