Using Authority

An attorney, or paralegal working for an attorney, uses authority in two ways:

Finding Authority

That's right. You use authority to find authority. When beginning legal research, a paralegal usually has only a topic. For instance, let's assume your client has been charged with embezzlement for eating food at work. (He works at McDonald's.) Your attorney assigns you a project to find a law that addresses the issue.

Where would you start in the law library? The answer is that a paralegal could use many sources, such as:

• a legal dictionary
• a legal encyclopedia
• form books
• many other legal materials that you will learn about in the course

The above books will, hopefully, lead the researcher to a relevant law. The are usually referred to as secondary authority, since they are not law.

To Convince the Court

Once the law (authority) has been found, the paralegal or attorney may prepare a motion or trial brief. Law is considered primary authority. These documents attempt to persuade the court to rule in favor of the client they represent. The authority quoted in the document is what will most likely ultimately convince the court. This is why it is important to cite law, primary authority, in a motion or brief.

In review, the points to be concerned with at this point are: