Crafting a legal argument in the absence of guiding authority can feel impossible, especially for newish lawyers. Fortunately, there are several legal reasoning techniques to apply in the absence of relevant authority.

It’s easy to get tripped up on a bad precedent. When faced with adverse authority, it’s natural to return a memo explaining that the argument is a loser. But an effective legal researcher seeks out the alternate route and offers creative solutions.

You may have a firm grasp on the applicable law, but unless you can communicate your research in a way that is helpful for the instructing lawyer, your legal research memo will be ineffective.