INTRODUCTION (page 6)

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II. THE SOLUTION

This toolkit addresses the main problem of lawyers’ shortage of time. We try two ways to reduce the problem. First, ‘the problem caused through shortage of time is reduced by presenting legal research in a structured and systematic method’.³⁹ The toolkit embodies this method in a model that comprises 10 ‘How to’ Steps:

THE TEN STEPS

PART A—PROBE THE PROBLEM

Turn an unfocussed problem into a focused problem

• STEP 1: Know the facts
• STEP 2: Analyze the facts
• STEP 3: Identify the legal questions

PART B—LAY-OUT THE LAW

Find the grey areas of dispute

• STEP 4: Generate search terms
• STEP 5: Search thoroughly for sources
• STEP 6: Divide the law into its elements and ingredients
• STEP 7: Apply the law to the facts to identify the legal issues

PART C—USE THE TOOLS OF PERSUASION

Persuade the judge that you have found the ‘right’ answer

• STEP 8: Persuade through emotion
• STEP 9: Persuade through logic
• STEP 10: Persuade through credibility

³⁹ Christopher Enright, Legal Method, Chapter 2 (forthcoming) (copy on file with author). See www.legalskills.com.au.