Westlaw training is the best way to prepare for your legal career. Use the information presented here to organize your approach to the legal research assignments that you will receive during your summer legal job.
Below are the steps in litigating a case and suggested resources to help you along the way.
Step 1: Evaluation
Investigate the merits of a claim
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Your state statutes and case law (Is there a basis for the claim?)
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Andrews Litigation Reporters (Is similar litigation underway?)
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Jury verdicts and settlements (Have similar claims been successful?)
Determine potential parties
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Corporate filings (Where is a business incorporated?)
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People Finder (Where does a potential party live?)
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Lawsuit filings (Is a party involved in similar litigation?)
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Court dockets (Is a party involved in other litigation?)
Determine a party's financial status
- Asset Locator (What does a party own?)
- Adverse filings (Has a party filed for bankruptcy? Are there any outstanding liens or judgments?)
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Step 2: Investigation
Check for conflicts of interest
- Executive affiliations (Is an executive affiliated with another company?)
Locate witnesses
- People Finder (Where can I find a witness?)
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Step 3: Case Development
Determine the proper forum
- Your state case law (Are contacts with forum state sufficient?)
Develop strategies
- Analytical materials and practice guides (What do the experts say?)
- American Jurisprudence Trials (AMJUR-TRIALS) - offers theories of liability
- American Jurisprudence Proof of Facts (AMJUR-POF) - identifies the essential facts and how to prove them
- American Law Reports (ALR) - evaluates all case law relevant to a specific point of law
- Causes of Action (COA) - discusses a wide range of causes of action over a broad spectrum of topics
- Briefs (What arguments worked in similar cases?)
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Step 4: Case Preparation
Prepare for depositions and discovery
- Analytical materials and practice guides (What do the experts say?)
- Sample interrogatories (How do the experts approach an issue?)
Depose expert witnesses
- Westlaw Profiler (Does an expert witness have experience?)
- Sample affidavits and depositions (What has worked before?)
Draft pleadings and memoranda
- Sample pleadings and memoranda (How have other attorneys approached this issue?)
- Westlaw eforms (What do the rules of court require?)
Determine settlement value
- Jury verdicts and settlements (For how much have similar claims settled?)
Analyze opposing counsel
- West Legal Directory (What similar cases has counsel handled?)
- Westlaw Profiler (What is opposing counsel's experience?)
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Step 5: Case Presentation
Research the judge
- Westlaw Profiler (Has the judge handled similar cases?)
Draft motions
- Westlaw eforms (What do the rules of court require?)
- Sample motions (How have other attorneys approached this issue?)
Select a jury
- Analytical materials and practice guides (What do the experts say?)
Draft jury instructions
- Model jury instructions (What jury instructions have been approved?)