Types of Legal Research

 

What do you mean by Legal Research?

Legal Research is the process of identifying and retrieving information necessary to support legal decision-making. It begins with an analysis of the facts of a problem and it concludes with the results of the investigation. Legal research skills are of great importance for lawyers to solve any legal case, regardless of area or type of practice. The most basic step in legal research is to find a noteworthy case governing the issues in question. As most legal researchers know, this is far more difficult than it sounds.

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Whether you are a Lawyer, a paralegal, or a law student, it is essential that Legal research is done in an effective manner. This is where the methodology comes into play. Different cases must be approached in different ways and this is why it is important to know which type of legal research methodology is suitable for your case and helpful for your client.

Read Also: Here is the Importance of Legal Research in Legal Practice

Different Types of Legal Research

1) Descriptive Legal Research

Descriptive Legal research is defined as a research method that describes the characteristics of the population or phenomenon that is being studied. This methodology focuses more on the “what” of the research subject rather than the “why” of the research subject. In other words, descriptive legal research primarily focuses on the nature of a demographic segment, without focusing on “why” something happens. In other words, it is a description based which does not cover the “why” aspect of the research subject.

For example, a lawyer that wants to understand the crime trends among Mumbai will conduct a demographic survey of this region, gather population data and then conduct descriptive research on this demographic segment. The research will then give us the details on “what is the crime pattern of Mumbai?”, but not cover any investigative details on “why” the patterns exist. Because for the lawyer trying to understand these crime patterns, for them, understanding the nature of their crimes is the objective of the study.

2) Quantitative research

Quantitative Legal Research is a characteristic of Descriptive Legal Research Methodology that attempts to collect quantifiable information to be used for statistical analysis of the population sample. It is a popular research tool that allows us to collect and describe the nature of the demographic segment. Quantitative Legal Research collects information from existing and potential data using sampling methods like online surveys, online polls, questionnaires, etc., the results of which can be depicted in numerical form. After careful understanding of these numbers, it is possible to predict the future and make changes to manage the situation.

An example of quantitative research is the survey conducted to understand the turnaround time of cases in the high court and how much time it takes from the time the case is filed until the judgment is passed. A complainant’s satisfaction survey template can be administered to ask questions like how much time did the process take, how often were they called to court, and other such questions.

3) Qualitative Legal Research

Qualitative Legal Research is a subjective form of research that relies on the analysis of controlled observations of the legal researcher. In qualitative research, data is obtained from a relatively small group of subjects. Data is not analyzed with statistical techniques. Usually, narrative data is collected in qualitative research.

Qualitative research can be adopted as a method to study people or systems by interacting with and observing the subjects regularly. The various methods used for collecting data in qualitative research are grounded theory practice, narratology, storytelling, and ethnography.

Grounded theory practice: It is research grounded in the observations or data from which it was developed. Various data sources used in grounded theory are quantitative data, review of records, interviews, observation, and surveys.

Narratology: It refers to the theory and study of narrative and narrative structure. It also shows the way in which the result affects the researcher’s perception.

Storytelling: This is a method by which events are recounted in the form of a story. The method is generally used in the field of organization and management studies.

Ethnography- Ethnography is used for investigating cultures by collecting and describing data intend to help the development of a theory.

4) Analytical Legal Research

Analytical Legal Research is a style of qualitative inquiry. It is a specific type of research that involves critical thinking skills and the evaluation of facts and information relative to the research being conducted. Lawyers often use an analytical approach to their legal research to find the most relevant information. From analytical research, a person finds out critical details to add new ideas to the material being produced.

For example, examining the fluctuations of Crime Rates of India between 2010-2020 is an example of descriptive research; while explaining why and how the Crime rates spiked over time is an example of analytical research.

5) Applied Legal Research

Applied Legal Research is a methodology used to find a solution to a pressing practical problem at hand. It is a straightforward practical approach to the case you are handling. It involves doing full-fledged research on a specific area of law followed by gathering information on all technical legal rules and principles applied and forming an opinion on the prospects for the client in the scenario.

For Example, if your client is an employee of an organization and is fighting against wrongful termination of contract then the practical approach to this would be by carefully evaluating the company policies and finding company policies that were violated, and to sue the organization based on those arguments.

6) Pure Legal Research

Pure legal research is also known as basic Legal Research usually focuses on the generalization and formulation of a theory. The aim of this type of research methodology is to broaden the understanding of a particular field of investigation.  It is a more general form of approach to the case you are handling. The researcher does not focus on the practical utility

For Example, researchers might conduct basic research on illiteracy leads to unemployment. The results of these theoretical explorations might lead to further studies designed to solve specific problems of unemployment.

7) Conceptual Legal Research

Conceptual Legal Research is defined as a methodology wherein research is conducted by observing and analyzing already present information on a given topic. Conceptual research doesn’t involve conducting any practical experiments. It is related to abstract concepts or ideas.

They are generally resorted to by the philosophers and thinkers to develop new concepts or reinterpret the existing concepts but have also proven to be a useful methodology for legal purposes.

For example, many of our ancient laws were influenced by British Rule. Only later did we improve upon many laws and created new and simplified laws after our Independence. So another way to think of this type of research would be to observe, come up with a concept or theories aligned with previous theories to hopefully derive new theories.

8) Empirical Legal Research

Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies, and other legal arrangements at play in society. It acts as a guide to paralegals, lawyers, and law students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge, and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics, and empirically informed ethics.

For example, Pharmaceutical companies use empirical research to try out a specific drug on controlled groups or random groups to study the effect and cause.

Read Also – How to Do Legal Research?

Other Major Methods of Legal Research.

1) Doctrinal Legal Research

The central question of inquiry here is ‘what is the law?’ on a particular issue. It is concerned with finding the law, rigorously analyzing it, and coming up with logical reasoning behind it. Therefore, it immensely contributes to the continuity, consistency, and certainty of law. The basic information can be found in the statutory material i.e.

primary sources as well in the secondary sources. However, the research has its own limitations, it is subjective, that is limited to the perception of the researcher, away from the actual working of the law, devoid of factors that lie outside the boundaries of the law, and fails to focus on the actual practice of the courts.

2) Non-doctrinal Legal Research

It is also known as socio-legal research and it looks into how the law and legal institutions mold and affects society. It employs methods taken from other disciplines in order to generate empirical data to answer the questions.

3)  Comparative Legal Research

This involves a comparison of legal doctrines, legislations, and foreign laws. It highlights the cultural and social character of law and how does it act in different settings. So it is useful in developing and amending, and modifying the law. But a

the cautious approach has to be taken in blindly accepting the law of another social setting as a base because it might not act in the same manner in a different setting.

Read Also – What is Doctrinal and Non-Doctrinal Legal Research?

Conclusion

Legal research is a systematic understanding of the law while keeping in mind it’s advancements. Law usually acts within the society and they both have an impact on each other. Each kind of research methodology has its own value. However, while undertaking research a researcher might face some hurdles but they can be avoided if he/she properly plans the research process.

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Media trials: Hindrance in the administration of Justice

Media is the fourth pillar of our democracy. Media through its immense work and the groundbreaking role has acquired that status. When the judiciary, legislature, and executive fail to look out for their citizens, free media is the one to become the voice of the masses. But, media trials are now the norm, people think whatever is shown in media is right. But, is it fair? Does it make sense or causes a hindrance in the administration of justice? Well, let’s find more.

WHAT IS MEDIA TRIAL

Media Trials can be traced back to the twentieth century. The expression, however, has been introduced recently. It got its importance from the instance of Roscoe “Greasy” Arbuckle (1921) who was released by the courtroom. But, after the media announced him “liable”. he lost all his standing and eminence alongside his work. In another eminent case of O.J. Simpson (1995), the media advanced the case and profoundly impacted the spectators even over the status of the court. Clearly, media profoundly empowers or impacts the perspectives overtly.

Media trials can be described as the impact of television and newspaper coverage on a person’s reputation by creating a widespread perception of guilt or innocence before, or after, a verdict in a court of law.

In R.K Anand v. Registrar, Delhi High Court (2009) 8 SCC 106 the Supreme Court explained media trial in the following manner-

“The impact of television and newspaper coverage on a person’s reputation by creating a

the widespread perception of guilt regardless of any verdict in a court of law. During high

publicity court cases, the media are often accused of provoking an atmosphere of public

hysteria akin to a lynch mob which not only makes a fair trial nearly impossible but means

that, regardless of the result of the trial, in public perception the accused is already held

guilty and would not be able to live the rest of their life without intense public scrutiny.”

IMPACT OF MEDIA TRIAL

a. Media trial and free speech

As per numerous judicial interpretations and precedents, Freedom of the press (article 19) is a fundamental right. The concept of a free press is an implied one.  In Indian Express Newspapers v/s Union of India, (1985) 1 SCC 641supreme court held that the press assumes an exceptionally important standing in a democratic apparatus. The courts have obligation to maintain the freedom of the press and negate all laws and managerial activities that abbreviate that opportunity. Freedom of the press has three fundamental components. They are:
1. Freedom of access to all sources of information,
2. Freedom of publication, and
3. Freedom of circulation.

However, no right is absolute. Article (19)(2) of the Indian Constitution imposes some reasonable restrictions on freedom of speech and expression vis-a-vis freedom of the press. With this expanded job and significance joined to the media, the requirement for its responsibility and demonstrable skill in reportage can’t be accentuated enough. In common society, no right to freedom is supreme, limitless, or unfit in all conditions. However, the opportunity of the media, similar to some other opportunity perceived under the constitution must be worked out within sensible limits.

b. Fair trial

Innocent until proven guilty and proof beyond a reasonable doubt are two major principles of the Indian criminal justice system. Every accused in our country has a right to a fair trial.

A fair trial involves a public hearing, independent judges, the right to counsel, the presumption of innocence, and many other factors. And, the procedures of a case with unprejudiced, free and able Judges guarantee a fair trial.

But in media trials no such procedure is advanced and rule of law gets violated. In Anukul Chandra Pradhan v. Union of India,1996(6) SCC 354. The Supreme Court observed that “No occasion should arise for an impression that the publicity attached to these matters has tended to dilute the emphasis on the essentials of a fair trial and the basic principles of jurisprudence including the presumption of innocence of the accused unless found guilty at the end of the trial.”

Trial by media, electronic press, and public opinion sabotage the very essence of rule of law. It straightaway hinders the administration of justice.

c. Right to privacy

Article 12 of the Universal Declaration of Human Rights (1948) defines privacy in the

following terms:

“No one shall be subjected to arbitrary interference with his privacy, family, home, or correspondence nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

Constitution through wider interpretation of article 21 by Supreme Court has instituted right to privacy.

Often, media houses in the role to attract public eyes do things that are off-limits. In cases with celebrities or some high profile cases, news channels broadcast private information (no consideration given to consent). Not only the accused but the victims also suffer due to excessive publicity. We ought to protect The right to privacy unless it threatens the public interest.

d. Contempt of court

Publishing popular opinions as to the final verdict even before the verdict of the court is nothing but a direct hindrance in the administration of justice. Producing a verdict requires a huge amount of wisdom and interpreting skills only by highly qualifies individuals as sitting judges. The sheer audacity of the media persons to conduct these illegitimate trials is beyond their power. This ultra vires conduct scandalizes the function of the courts and the prevalence of the rule of law.

e. Influence on judges

Judges undoubtedly make sure not to be influenced by the media and majority opinion. But as rightly observed by Justice Frankfurter in the case of John D. Pennekamp v. the State of Florida (1946) 328 US 33- “however, judges are also human and we know better than did not forbear how powerful is the pull of the unconscious and how treacherous the rational process…and since Judges, however stalwart, are human, the delicate task of administering justice ought not to be made unduly difficult by irresponsible print.”

The media presents the case in such a way to the public that if an adjudicator passes an order against the “media decision”, the person then considered the same token as bad or one-sided.

FINAL COMMENTARY

Media trial has been in action for a long time now. In cases like the Nitish Katara murder case Jessica Lal case, the Priyadarshini Mattoo case, and the Bijal Joshi rape case, media activism was at par with justice. However, in a very recent case Rhea Chakraborty v. the State of Bihar, 2020 (Sushant Singh Rajput Death Case) media trial went out of control. Commentaries over the accused and the victim were brutal and defamatory. It would be suitable to label the whole scenario as a character assassination for both parties. Media channels in the race of TRP ratings forgot every ethical and professional code of conduct.

Photographs, videos, unsolicited statements are intangible in this age of technology. Furthermore, it harms the reputation of a person for life. The thing to be remembered, the person is still not a convict before the court’s judgment. therefore, he is rightful of integrity same as any other person.

The media needs to draw a line as being a mere corporate institution or democratic pillar. It is the functioning of the judiciary to pronounce verdicts, not the media trials. It is high time our legislature recognizes this problem. However, eradication of media trial completely is not reasonable but statutory regulation of it is the demand of our Constitution.

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Who is a Gazetted Officer?

 Very often for various purposes of verification or attestation of the documents, we have the need to consult a gazetted officer. The regular sources do not have a concrete list of who could be contacted or who could attest the documents. A government guideline issued by Modi in 2014 stated that Self-attestation could be relied upon in different circumstances, but in some cases, attestation by an officer gazetted as a gazetted officer is required.

Who is a Gazetted Officer?

A gazetted officer is a government employee who is employed as a higher-ranking public servant. Not all government employees are gazetted, officers. A gazetted officer is a government servant whose service and recruitment conditions are derived from the Gazette of India as per Article 309 of the Constitution of India, 1950. These recruitments, made to the government, clearly indicate whether a person is a gazetted officer or not.  The Gazette of India publishes the list of the Gazetted Officers. These officers have a name stamp of their own to sign the papers. A gazetted officer attests a document to verify its legitimacy, i.e. verifies its legitimacy. In essence, the attestation of the gazetted officer constitutes a credible witness to the verification of documents.

How do Lawyers work from home?

 Before we indulge in answering this question as to how do lawyers work from home; it’s quite relevant to ask who doesn’t know how to? It will not be a completely bizarre thing to say that before pandemic situation working from home options, though available widely was neither opted by the employees nor appreciated by the employers.

However, with the covid-19 outbreak, almost every business and job shifted over the online working arena. The aftermath of this pandemic has taught the industries to embrace and adapt to the installation of newer technologies like work from home facilities.

All credits to technology that lawyers of today are streets ahead to devise their profession from homes. With a steady internet connection and ease of access to files and data, lawyers can persist to provide ministration to clientele sans compromising on excellence, communicate and collude with the company efficaciously, cut out outage and stay prolific wherever they are.

Lawyers don’t have to work necessarily at traditional law offices or firms to construct a booming career. Attorneys do have flourishing careers based at their homes. It requires profuse strictness and arrangement to remain engrossed while working from home, but the results are worth all the effort!

Few Requisites For Lawyers To Work From Home-

a. Experience

Some attorneys discover that operating from home is the finest method for them after they have acquired considerable proficiency at a traditional practice or law firm. After functioning with other lawyers initially, one can learn the basics and originate exemplary practice which will provide expertise in your work from home startup. Moreover, working previously in law offices will assist you in networking; benefitting in kick-starting your work from a home office.

b. Finding Clients

Advancing towards establishing a home-based office, you’ll require a strategy to cast around clientele. How you go about it will differ depending on the kind of law you exercise. Put up a site immediately that subtlety what your identity is and the kind of law you perceive. Take part in networking events and seminars, and institute professional profiles on social media platforms. Design commercials over the internet, radio, and television that follow one’s state’s legal advertising rules.

c. Client Friendly Home

Ascertain that your home workspace is amiable enough before clients turn up. Perhaps, it`s just that your office must separate from your private living area. It ought to preferably have a distinct doorway so clients don’t need to stroll across your lounge, and it must be away from the commotion of the family in connecting rooms. You ought to likewise check your nearby zoning laws to ensure that gathering customers at your home consents to all guidelines.

d. Software

You’ll need to put resources into great software programs when you are telecommuting as a lawyer. If you invoice billable hours you’ll require legal billing software (as Legodesk) to ensure you monitor your work precisely. You’ll additionally require admittance to rules and case law.

e. Boundaries

An immense complication of working from home as a lawyer is forming boundaries. On the off chance that you answer messages at the entire hours of the day, your customers may generally expect that they can contact you any time of your day. Sending e-mails only during working hours is suitable. Then again, your family and friends may believe you’re allowed to hang out anytime just because you are working from home. You should make it clear to them almost immediately that whilst office hours you are just accessible for work, except if there is a crisis.

Few Additional Tips-

• On the off chance that you work on a cloud-based practice the board programming, you ought to have every minute access to every one of your records, messages, events, tasks, emails, invoices, contracts, and timesheets.
• Combat the compulsion to perform numerous tasks at home. Plan continual hours on a single errand, each in turn.  Schedule time for clients only reserved for them.
• It’s never a decent indication when customers are pursuing you down. That is, particularly during a pandemic. Keep in contact with your customers and keep them consoled that their cases are standing out enough to be noticed. keep them refreshed proactively about any progressions.
• Telecommuting can expand the danger of information misfortune. You can relieve this danger by advancing an inside culture of duty in data security. Secure admittance to PCs and gadgets that you use at home, with solid and various passwords; likewise transform them with relative recurrence.
• A smooth internet connection is a must. Hence make sure that all the irrelevant devices are disconnected from your wi-fi.
• To avoid overloading of teleconference providers during the court hearings, make sure you sign up for more than one teleconference provider and a stable connection.
• It tends to be useful both for one’s day-by-day schedule and for keeping up confidentiality to save a different space in the home for client work, preferably a different room with an entryway that can be shut.
• Working long hours through online mode has mental health issues too. It is imperative to be discerning of this reality. One approach to help mental wellness is to leave work toward the day’s end to get back to the home space.

Final Remarks-

Taking everything into account, in case you’re approached to telecommute for a delayed timeframe, it is fundamental that you find a way to set yourself up for progress. At the point when you’re ready to function as you would in the office, you can enhance customers, increment in billable hours, and produce more income for the firm.

Originally published at Legodesk

Top 5 Legal Software

 A legal practice handles documents of huge importance. Therefore, it is only natural that a legal firm will want the best way to make sure these legal documents as well as all other aspects of the legal practice are well cared for. At the same time, you want to make the whole process easier and legal software will do that for you. In this article, we are going to take a look at some of the top legal software for your practice and how each one can make it easier for you to make the day-to-day running of your legal practice easier.

Top 5 Legal Software

1. Legodesk

The only cloud-based legal case management software that helps Lawyers, Law Firms, and Clients to manage their matters securely on the cloud. 

To get started with your journey on Legodesk first you need to sign up.

1. To sign up click Free Sign Up on the Legodesk homepage or visit https://app.legodesk.com/register.

2. Choose the option I am a Lawyer or I am a User.

3. Fill in your Name, Email, and Phone number on the form.

4. Choose a strong password. (Password containing 8-20 characters, 1 Upper case letter, 1 special character, and 1 number)

5. Click on Register.

2. Clio

Clio legal software is designed to make it easy for small legal firms to manage all aspects of their daily business. Clio allows users to set up and manage their legal calendars, manage various tasks, time tracking, and even document management among many other functions. It is cloud-based, making it easy to access the service from anywhere as well as easily share the information.

Pros:

• It handles a lot of different aspects that pertain to legal offices
• It is available on various platforms including mobile

Cons:

• It can be a little bit overwhelming to setup due to the many services it incorporates into one program

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3. Bill4Time

Bill4Time is designed to make it easier for lawyers to bill for their time. It has exceptional timekeeping capabilities to help you balance the hours spent and reconcile them with the billable hours.

Pros:

• It includes the America Bar Association task codes
• It also comes with conflict of interest checking

Cons:

• It lacks collaborative features and as such may not be ideal for a law firm with a lot of lawyers

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4. Legal Files

Every lawyer needs a way to manage all of the documents that come into the office. Legal Files provides users with an easy way to manage all of these documents in an easy and systematic. You can use this legal software for case matter management, file notes, litigation management, automatic task scheduling and even phone messaging. All of these features easily incorporate into any lawyer's schedule, providing the lawyer with a superior accounting program that does it all.

Pros:

• It can also be used to track documents, making it invaluable for finding documents quickly

Cons:

• It is not cloud-based and hence cannot be used outside the office
• It can also be a little bit difficult to use for the first timer

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5. Amicus Attorney

This software can do everything a lawyer wants. It is very popular with attorneys because of its multitasking abilities and hence its ability to save time. It can be used for legal calendar entries, as a contact manager, for tie tracking among other functions.

Pros:

• It incorporates all necessary tasks into one neat package

Cons:

• It lacks a billing option
• It doesn't have collaborative features