legal-research-brief

# Producing a research brief The brief is read by somebody who will rely on it. Currency and the counter-argument are the two things that make it safe. ## Structure The question, as asked and as you have understood it · short answer · the authorities, primary before secondary, each with full citation · the reasoning · **the counter-argument** and how strong it is · what remains uncertain and what would resolve it. ## Currency is not optional For every authority: whether it is still good law, whether it has been appealed, distinguished or overruled, and the date checked. An uncited-as-of date makes the brief unusable next month. ## The counter-argument section Never omit it. A brief that only supports the client's position is the one that loses in court, and the fee earner needs to know the other side's best point before opposing counsel makes it. ## Jurisdiction State it explicitly, including where a point differs between the jurisdictions of the same state. ## Never Cite a case you have not read past the headnote, present secondary commentary as authority, or invent a citation. A fabricated citation ends careers.