Use at the outset of your research for background on
an unfamiliar topic:
Some treatises
Hornbooks/Nutshells
Use near the beginning of your research for citations
to primary authorities:
Law reviews or other legal periodicals
Legal encyclopedias: state or national
American Law Reports (A.L.R.): state or federal
Use for in-depth analysis and scholarly discussion:
Treatises
Restatements
Law reviews
Use for obtaining the most current information on pending
appeals, lawsuits, legislative developments:
Legal newspapers
Use closer to the end of a research project, to confirm
conclusions or refine analysis:
Treatises
Law reviews, especially if current
Use for a state law research project:
a state law encyclopedia
state bar journal or legal newspaper
Use for expanding a research project to persuasive authority:
A.L.R. (state or federal)
a national law encyclopedia (Am. Jur. 2d or C.J.S.)
General tips:
Make sure the secondary sources you consult are as
up to date as you can find. Both the background information
and the citation finding benefits are diluted if you
look at sources that are out of date.
If searching for secondary sources online:
Use the Locate (Westlaw) and Focus (Lexis) functions
to help you browse the materials.
Avoid printing out lengthy documents that may
prove to be marginally relevant.
Try natural language searching if you are not
familiar with the jargon.
Use appropriate date and title field restrictions
to cut down on the volume of search results.
Remember that lengthy secondary sources may be easier
to browse in print format.
Don't spend too much time on a particular source
if you are not finding helpful materials.
Remember that secondary sources are essentially used
to speed up the process of locating, and enhancing the
understanding of, the primary source materials which
are the objective of your research effort.
