A researching lawyer should refine the question to be addressed in a research memorandum. Why? The phrasing of that question determines the entire direction, clarity, and utility of the resulting analysis. Many junior lawyers mistakenly assume that the assigning lawyer has already articulated the most precise question possible. In reality, though, the initial formulation is often a starting point—tentative and incomplete—rather than a definitive statement of the legal issue. Without reconsidering it, the researcher risks spending hours answering the wrong question or presenting findings in a form that hardly furthers decision-making.
Effective legal research begins not with statutes or cases, but with understanding the problem that the law must solve. The client’s situation often gives rise to multiple interrelated questions: What rule applies? What exceptions exist? What factual variations matter? The assigning lawyer may phrase the request broadly—“Can the client terminate this contract?”—while the real threshold issue might concern whether the agreement is enforceable or whether notice provisions have been satisfied. By engaging critically with the initial question, the junior lawyer uncovers these antecedent or subsidiary issues, producing a memorandum that explains the problem and the law in their proper sequence.
Refining the question also improves communication. A research memo serves not only its assigning lawyer but also other readers who might encounter it later—partners, clients, judges, or new associates. They must be able to grasp the core inquiry instantly. A carefully crafted question highlights the legal crux of the problem and frames the analysis within a comprehensible structure. In this sense, defining the question is part of advocacy itself: it shapes how the facts are perceived and how the applicable law is understood.
Ultimately, the researching lawyer’s professional value lies not just in finding answers but in framing them. The best memoranda demonstrate intellectual ownership of the problem. By refining the research question, the lawyer ensures that the final product is precise, relevant, and clear—a piece of work that reflects both analytical rigor and effective communication.