What do you do to get yourself comfortable saying something doesn’t exist in an agreement or in case law? When i get questions like this (Ex. Does this contract have XYZ-type language?) I usually figure out the answer pretty quickly…but then I spend a ton of time trying to prove myself wrong. I got burned on a question like this as a 2nd yr, so I think I’m just hyper aware of the risk. I’ve been told I need to get “more efficient” though, so I’m trying to work on this. Any suggestions?

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I spent x number of hours researching a, b, and c with these search words and reviewed __ number of cases without answer.

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Following because I do the same re: case law in litigation

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What I used to do is say “I spent x hours researching and found y result.” “I can spend longer if you think it important but this is my assessment from what I’ve found.” Always worked well for me. Harder to do with contract provisions than case law as it is so easy to find any random thing with a lexis/west law search. As far as contracts go, searching Edgar can kind of give you some sense of what is out there.

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Learn where in the agreement concepts typically exist so you can find them quickly. And also know the concepts that exist, which means the concept you are looking for doesn’t exist. And learn keywords to search for.

And, also, to just know the contract inside and out. Caselaw is harder because there’s a lot of it. But, over time, if you are a legal nerd and gobble this stuff up in professional development…well, you can become pretty encyclopedic over the years in your knowledge.

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