Same Cycle, Different Parameters
Chapter 14's takeaway fits in one sentence: what changes from one practice context to the next is not the cycle but the parameters the cycle runs with. Three parameters shift — the default question type, the first source, and most importantly the closure criterion — and the Research Log quietly changes jobs alongside them.
Three contexts, one cycle
The cycle never changes. Three parameters do — the default question type, the first source, and the closure criterion — and the Research Log changes function with them.
Litigation
- Default question type
- Application questions — how do these facts compare to the controlling cases?
- First source
- Case law.
- Closure criterion
- Controlling authority for each issue; adverse authority identified and addressed.
- The Research Log becomes
- The documentation of the authority behind each argument.
Transactional
- Default question type
- Focusing questions about requirements and risks — what does this deal type require?
- First source
- Statutes and standardized forms.
- Closure criterion
- All applicable requirements and risks identified.
- The Research Log becomes
- The tracker of requirements and risk factors.
Regulatory compliance
- Default question type
- All four types — regulatory work spans the full set.
- First source
- The CFR and agency guidance.
- Closure criterion
- All obligations mapped.
- The Research Log becomes
- The map of compliance obligations.
Closure, revisited
The book’s two closure types run through every context. Analytical closure: every question answered or identified as genuinely open, the rule and its application covered. Practical closure: an external limit — a deadline, a budget, a client instruction — forces a stop, and you note what remains.
The practice reality: practice-specific research reaches practical closure far more often than academic or appellate work does. That is not failure — it is professional judgment, done honestly: the stopping point and the open questions get written down.
The meta-question that makes the method portable
A lawyer who has internalized the cycle can walk into an unfamiliar practice area and ask one question before the first search: “In this context, what is my default question type, where do I start, and what will tell me I’m done?” — and then run the same steps they have always run.
Three quick checks
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