Legal Research in Practice - How Strong Research Wins Cases Before They Ever Reach Court

Happy New Year!

My legal research skills have progressed the more and more I put what I was taught into practice. Often times, issues that come up during your matter, becomes the best teacher - not to mention when the judiciary requires you to provide research in response to a legal question while you are on your feet. Part of what makes us strong advocates is knowing how to think quickly on the spot and pivot!

Let's take a deeper dive.

Legal research is often spoken about as a technical skill, but in practice, it is a strategic advantage. With nearly two decades in the legal field, I have seen firsthand how well-executed research can shape negotiations, resolve disputes early, and significantly influence outcomes in courts and tribunals.

Why Legal Research Is More Than Case Law

Many people assume legal research begins and ends with finding cases. In reality, effective research involves understanding:

• The legislative framework and its most recent amendments

• How adjudicators are currently interpreting the law

• Procedural rules and practice directions

• Trends in decisions from specific courts or tribunals

  
  

In tribunals such as the Landlord and Tenant Board, decisions are heavily influenced by fact patterns and statutory interpretation. Knowing how similar facts have been treated in recent decisions allows legal professionals to frame arguments that resonate with adjudicators.

Research as a Preventative Tool

Strong research can prevent disputes from escalating. For landlords and tenants, understanding rights and obligations early often avoids costly hearings. In Small Claims Court, research-driven demand letters and settlement discussions frequently resolve matters before litigation becomes necessary.

As a sole practitioner, I integrate research into every stage of my files—from intake to resolution—because preparation is not optional; it is foundational.

Moot Court - Seneca Polytechnic - York

Teaching Research Through an Unconventional Lens

As a legal studies professor with an unconventional educational journey that included law school in the UK, I emphasize practical research skills over rote memorization. Law is not static, and the ability to adapt to evolving jurisprudence is what separates competent advocacy from exceptional advocacy.

Legal research is not about finding authority—it is about finding the right authority, at the right time, for the right forum.

Five Creative Ways to Conduct Legal Research

1. Read Decisions Backwards - Start with the reasoning and outcome before diving into the facts. This helps you quickly identify what truly mattered to the adjudicator and whether the decision is useful for your case.

   
   

2. Research the Decision-Maker - When possible, review prior decisions of the adjudicator or tribunal panel. Understanding their analytical style, recurring themes, and tolerance for certain arguments can guide how you frame your research and submissions.

   
   

3. Use Fact-Based Searching - Instead of relying solely on legal terms, search using factual scenarios (e.g., "persistent noise complaints multi-unit building"). This often uncovers decisions that are more closely aligned with real-world disputes.

   
   

4. Cross-Disciplinary Research - Some of the strongest arguments draw from outside the law. Municipal bylaws, policy papers, academic commentary, and industry standards can provide persuasive context—especially in tribunal settings.

   
   

5. Track Emerging Patterns, Not Just Precedent - One case rarely tells the full story. Reviewing clusters of recent decisions helps identify trends that signal how the law is being applied now, not how it was applied years ago.

Five Best Practices in Legal Research

1. Always Confirm the Law Is Current - Statutes, regulations, and case law evolve. Ensure the authority you rely on has not been amended, overturned, or distinguished.

   
   

2. Prioritize Jurisdiction and Forum - A persuasive decision from the wrong jurisdiction carries little weight. Focus on decisions that come from the same court or tribunal whenever possible.

   
   

3. Organize Research as You Go - Keep clear notes on why each authority is relevant. This saves time later and strengthens written submissions and oral advocacy.

   
   

4. Balance Depth With Efficiency - Over-researching can be just as problematic as under-researching. Know when you have enough authority to support your position and move on to strategy.

   
   

5. Translate Research Into Plain Language - The most effective research is useless if it cannot be clearly explained. Whether addressing a client, adjudicator, or opposing party, clarity builds credibility.

   
   

Strong legal research is both an art and a discipline. Creativity allows you to uncover persuasive authority; best practices ensure that authority is reliable, relevant, and effective.

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BONUS:

I love movies! On the last Friday of the month, I will be sharing well known, favourite court/legal dilemma scenes and will pose a legal question to gain insight on what legal professionals have to say!

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Until next time - may justice guide your journey both on and off the record.

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