Why reinvent the wheel when you’re doing legal research? You’re probably not the first to address a certain litigation or commercial law issue. Still, it’s common for legal researchers to turn first to case law or head right to forms without first getting a handle on the issues or larger context. Especially if he or she is new to the practice of law or work in a rapidly changing legal environment, it can make all the difference to see what the experts have to say. And that’s where treatises come in.

First, let’s define treatise: It’s a scholarly, in-depth publication – a book, whether print or digital – that is written by a legal scholar and focused on a particular area of law. A treatise contains in-depth analysis and commentary and includes references to relevant primary law. Treatises can be a single volume or a multi-volume set but the key characteristic is expert and deep discussion of an area of law. Some long-standing, well-respected treatises are cited as persuasive authority by many courts.

For some legal professionals, it can seem like a chore or a leisurely pursuit to take the time to read a treatise rather than jump right into case law. Here’s why it’s neither.

Treatises are generally very well-organized and indexed. If they’re online, then they’re readily searchable by concept, keyword, and more. And, of course, legal researchers will find links to case law and other resources.

They typically have clear footnotes and tables referencing statutes, regulations, and case law. That gives the reader on-point references to cases and laws without formulating and revising primary law searches.

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Since treatises are written by top legal minds, those writers will have done some of the legwork and analysis for you. They have the authority and experience to guide you through legal issues.

Treatises are typically updated on an annual or semi-annual basis, minimally. You will find print supplements or pocket parts indicating recent developments and analysis. If the source is maintained online, look for the updating schedule; it often isn’t any more frequent.

While treatises can provide historical context and deep analysis, they can also provide practical guidance, tables, and forms geared toward practitioners.

In the end, treatises may save legal researchers valuable time. Your law librarian can point you to legal information resources in your law firm or organization. Rather than poring over case law, looking for relevant fact patterns or interpretations, you might begin with in-depth treatment of the law and walk away with a clear understanding of the law as well as references to salient cases and expert guidance.

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