Learning Outcomes
By reviewing this article, you will understand essential methods for planning and undertaking legal research. You will be able to distinguish between online legal resources, use effective database search techniques, and evaluate the authority, accuracy, and currency of legal information. This will support you in sourcing reliable law for practical tasks in the SQE2 assessment.
SQE2 Syllabus
For SQE2, you are required to understand the importance of effective legal research and demonstrate the ability to plan and execute searches using electronic databases. In your revision, you should ensure you focus on:
- the importance of online and printed sources for legal research in legal practice
- choosing appropriate sources depending on the type of information needed
- formulating effective keyword searches and using Boolean logic
- evaluating sources for authority, accuracy, and currency
- recording your research process and results clearly
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What are the key differences between searching a legal database and searching the open internet for legal information?
- How can you ensure that information found in a legal database is up to date and authoritative for your research?
- Name and describe the basic Boolean search operators you would use to refine your database queries.
- What specific steps should you take to record your legal research trail for use by a supervisor or colleague?
Introduction
Effective legal research is a fundamental aspect of practical legal work for SQE2. Your performance in research tasks is assessed on your ability to identify, search, and evaluate relevant sources using appropriate methods. This article outlines best practices for planning research, using legal databases efficiently, and recording your process for SQE2.
Online Legal Research: Sources and Access
Legal information is primarily accessed through electronic databases, paid subscription services, and open legal websites. Understanding the distinction—and the limits of each—is critical.
Key Term: legal database
An organised collection of primary and secondary legal sources, typically searchable using advanced tools and available via subscription.Key Term: open web legal source
Publicly accessible online legal material, not behind a subscription or authentication wall.
Subscription Databases vs. the Open Web
Subscription databases like Westlaw, LexisLibrary, and Practical Law provide curated, up-to-date legal material with search functions designed for legal professionals. Key features include links between primary and secondary sources, updating tools, and the ability to search by citation, keyword, party name, or subject.
In contrast, the open web (accessed via commercial search engines) may lack reliability, coverage, or currentness. Critical legal materials often sit behind paywalls or institutional access.
Access Considerations
Subscription resources usually require authentication (institutional, username/password, or IP address verification). Using library links ensures full-text access and personalisation features such as saved searches or alerts.
Planning Your Legal Research
Failing to plan a legal research strategy leads to missed sources, wasted time, and poor results.
Formulating a Clear Research Query
Start by identifying:
- What information is required for the specific legal issue at hand.
- What type of law is involved (e.g., primary legislation, case law, or commentary).
- What search terms or keywords reflect the legal concepts you need to find.
Key Term: keyword search
An electronic database query using one or more targeted terms relevant to the legal topic, often employing connectors or operators.
Techniques for Effective Searching
Understanding how databases structure and index documents is fundamental for successful searching.
Boolean Operators
Boolean operators combine or limit search terms, controlling which documents are returned.
Key Term: Boolean search
A database search using logical connectors such as AND, OR, NOT to combine or exclude terms and control the precision of results.
Search Operators Cheat Sheet
| Operator | Function | Example |
|---|---|---|
| AND | Results must contain both terms | contract AND misrepresentation |
| OR | Results must contain either term | guarantee OR indemnity |
| NOT | Exclude results with the second term | arbitration NOT employment |
| "..." | Exact phrase search | "defective goods" |
| * or ! | Wildcard for root/truncated word | neglig* (finds negligent, negligence, etc.) |
| w/5, /5 | Terms appear within 5 words of each other | trustee w/5 breach |
Different databases use distinct symbols for truncation and proximity—consult their help section as needed.
Filtering and Field-Specific Searches
Most legal databases allow searching within fields (e.g., title only, subject, citation) or filtering by court, date, jurisdiction, or source.
Adapting Your Search
- Begin with broad search terms, then refine by adding keywords, changing operators, or filtering results.
- Consider alternative legal terminology, synonyms, common abbreviations, and both broader and narrower terms.
Worked Example 1.1
Scenario: You are tasked with finding recent cases addressing "confidentiality" within employment law.
Answer:
Start with the database's Cases section and perform a search: "confidentiality AND employment". Review filters to limit your results by date and relevant jurisdiction. If too many results appear, add further terms, e.g., "confidentiality AND employment AND dismissal". Use filters for Employment Tribunal or High Court as appropriate.
Assessing Source Reliability: Authority, Accuracy, and Currency
For every research result, you must assess whether the information is reliable before relying on it in legal problem-solving or client advice.
Key Term: authority (legal research)
The recognised legal status or official nature of a source—whether it is primary law, officially published, or cited by courts.Key Term: currency (legal research)
The extent to which a legal source or statement reflects the law as currently in force or as interpreted by the courts.
Critical Considerations
- Is the document a primary source (legislation or binding case law) or secondary commentary?
- Is it from a reputable, official, or peer-reviewed publisher?
- How up to date is the document? Check for amendment dates, updating information, or citators.
- For cases, has the decision been subsequently applied, distinguished, overruled, or affirmed? Use database citator tools (e.g., Case Analysis) to check.
- For legislation, check for repeals, amendments, and whether the section is in force.
Worked Example 1.2
Scenario: You find an article online discussing UK discrimination law, published in 2014. Should you rely on it for advice?
Answer:
Check if the article refers to law still in force and whether there have been significant statutory or case law changes since 2014. Consult a current legal database or update tool to verify accuracy before relying on the article; do not accept web sources at face value for current legal research.
Recording Your Research Trail
Accurate records are essential. Note:
- The database/resource name and exact section used (e.g., Westlaw, Cases search).
- All search terms and filters applied.
- Date of search and sections accessed.
- Full citations for all statutes, cases, or articles relied on.
- Any updating process performed (citator used, date last updated).
This protects you in the event of later challenges or questions about the advice provided.
Practice and Exam Technique: Common Errors
Exam Warning
Omitting clear records of your search steps, using imprecise or overly broad search terms, or reading outdated sources are common errors that may lead to incorrect or poorly supported conclusions in the SQE2 exam.
Revision Tip
Always check the help section of each database for search syntax, truncation, and proximity operators. Save your search history and download key results for reference.
Key Point Checklist
This article has covered the following key knowledge points:
- The difference between subscription legal databases and open web sources, and the advantages/limitations of each
- The value of planning a research strategy: defining clear objectives, choosing sources, and keywords
- Use of Boolean operators, field searches, filters, and alternative terms to improve search results
- How to evaluate the authority, accuracy, and currency of legal materials found
- The importance of recording every search, source, and update step as part of your research trail
Key Terms and Concepts
- legal database
- open web legal source
- keyword search
- Boolean search
- authority (legal research)
- currency (legal research)