Duties Behind the Research
Research quality is not just craft — it is professional obligation. Four duties from the Model Rules stand behind every research decision you will make. Learn the four, then match each research moment to the duty it implicates.
The four duties
Competence
A lawyer must provide competent representation — the legal knowledge, skill, thoroughness, and preparation the matter requires. Comment 8 extends it to technology: keeping abreast of the benefits and risks of the tools of practice.
Relevance to Research Thoroughness is part of competent representation. This duty requires you to complete the research cycle, verify your authorities with a citator, and understand the limits of any tool you use before you rely on its results.
Candor to the tribunal
A lawyer may not knowingly make a false statement of law to a court, and must disclose controlling authority directly adverse to the client’s position if opposing counsel has not.
Relevance to Research This duty requires you to verify every citation before you present it to a court. It also requires you to address controlling adverse authority once your research finds it. You cannot set a case aside because it hurts your position.
Confidentiality
A lawyer must not reveal information relating to the representation, and must make reasonable efforts to prevent unauthorized disclosure.
Relevance to Research This duty requires you to consider what your research activity reveals. Entering client facts into a public AI tool, running searches on a shared account, or requesting a docket can each disclose information about the representation.
Supervision
Lawyers with supervisory authority must make reasonable efforts to ensure that subordinate lawyers’ and nonlawyers’ work conforms to professional obligations.
Relevance to Research This duty requires you to verify the research of the people and tools working under you. A supervisor who files a subordinate’s unverified memo is responsible for its errors, whether the work came from an associate or from an AI tool.
Match the moment to the duty
Six research moments. For each, name the duty most directly on the line.