When someone you love is facing a serious criminal charge, you see the court dates. You hear about hearings. You might even sit in the courtroom and watch your lawyer and the prosecutor talk to the judge for a few minutes.
What you don’t see is often what matters most.
Behind every good courtroom moment is hours of legal research and careful writing—quiet work that can change the outcome of a case. If you’re a potential client or a family member, understanding this “invisible” part of the job is one of the best ways to evaluate whether your lawyer is really protecting you.
This article explains:
- What legal research and writing actually are
- Why written work to the judge can make or break a serious case
- A real example where strong briefing changed everything
- What’s really happening between court dates
- How a legal team works together behind the scenes
- Concrete questions you should ask before you hire (or keep) a lawyer
All from the perspective of Marie Pacyga, a Minnesota criminal defense attorney who has been both a law clerk and a practicing defense lawyer.
What “Legal Research and Writing” Really Means in Your Case
TV shows focus on the dramatic moments: lawyers standing up, arguing passionately in front of a judge or jury.
That does happen. But in real life, especially in serious or complex criminal cases, the judge’s decisions are shaped just as much—often more—by what happens at a desk:
- In law libraries
- On legal research platforms
- In written motions, briefs, and memoranda submitted to the court
Here’s the basic process a good defense lawyer follows:
- Understand the facts.
What exactly happened? What evidence does the state say it has? How was that evidence collected? What is your criminal history, if any? What are your goals? - Identify the legal issues.
Are there problems with the stop, search, seizure, interrogation, or charges? Did law enforcement follow constitutional rules (like the Fourth Amendment’s protection against unreasonable searches and seizures)? Did the prosecutor charge correctly under the statute? - Research the law.
The lawyer uses legal research tools (like Westlaw, Lexis, Fastcase, or state-specific databases) to find:- Statutes (the written laws)
- Court rules (evidence rules, criminal procedure rules)
- Prior cases with similar facts (called “precedent”)
- Apply the law to your facts.
This is where strategy comes in. The lawyer asks:- “How do these cases help our position?”
- “Can we argue that the police went too far under the Constitution?”
- “Is there a way to challenge how the evidence was handled?”
- Write it down clearly and persuasively.
The end product isn’t just a summary of the law. It’s a story about your case, framed in legal terms:- What happened
- Why it matters legally
- What the judge is allowed (or not allowed) to do under the law
- What outcome your lawyer is asking for
Those written documents are called things like motions, briefs, or written submissions—and they’re often the first thing a judge and the judge’s law clerk study when deciding what should happen next.
Why the Judge’s Desk Matters More Than the Judge’s Bench
Marie has a perspective most lawyers don’t: she used to work as a law clerk for a judge. That means she was one of the people judges rely on to:
- Read the parties’ briefs
- Research the law
- Talk through the issues with the judge
- Help draft orders and decisions
From that experience, she knows something crucial:
Judges rely heavily on the written work lawyers submit—sometimes more than on the short oral arguments you see in court.
Think about what’s really happening behind the scenes:
- Your lawyer files a brief explaining why certain evidence should be suppressed (thrown out), why charges should be dismissed, or how the law should apply to your situation.
- The prosecutor responds with their own written arguments.
- The judge and law clerk sit down—often days or weeks later—outside the courtroom.
- They read both sides’ briefs, look up the cases cited, and talk through:
- “Does this argument make sense?”
- “Is this case really similar?”
- “Did the police follow the law here?”
When that conversation is happening, you’re not there. Your family isn’t there. Even your lawyer isn’t there.
All that’s in the room for you is your lawyer’s writing.
That’s why Marie emphasizes: you want to “show up strong” on the judge’s desk—not just in the judge’s courtroom.
A Real Case Where Strong Briefing Changed Everything
Marie describes a case that shows just how powerful good legal research and writing can be.
It was a very serious drunk driving accident:
- One woman was killed.
- Her husband was seriously injured.
- The emotional stakes were enormous for everyone involved.
The state charged Marie’s client based on evidence gathered after the crash. But there was a serious problem:
- The police mishandled the investigation and the evidence.
- Some of the steps they took to collect that evidence were illegal under the law.
In many cases, this kind of problem is easy to miss or easy to shrug off. But Marie and the defense team dug in:
- They researched the law governing traffic stops, searches, and evidence handling.
- They identified where the investigation crossed the line.
- They filed written motions challenging the legality of the state’s evidence.
- They submitted detailed briefs walking the judge through:
- What the officers did
- Why those steps violated the Constitution
- What prior cases said about similar conduct
- What the remedy should be (excluding the tainted evidence)
The prosecutor responded with their own arguments. Both sides had hearings in court. But in the end, when the judge went back to chambers to make a decision, it was the written work that mattered.
The judge ultimately ruled:
- The investigation was flawed.
- The way evidence was gathered was not fair and violated the Constitution.
- The prosecution could not proceed with that evidence against the client.
That ruling led to a highly unusual and positive outcome for the client—a result that almost certainly would not have happened without strong legal research and persuasive written briefing.
“All I See Is Court Dates. Is My Lawyer Even Doing Anything?”
If you’re watching from the outside, serious criminal cases can feel painfully slow and mysterious.
You might see:
- An initial appearance that lasts 5 minutes.
- A couple of status or pretrial hearings where “nothing seems to happen.”
- Months on the calendar with no visible movement.
It’s natural to wonder: What is my lawyer actually doing?
The reality, especially in criminal state court, is that each step has a limited purpose:
- First appearances are about basic things: confirming identity, ensuring you have counsel, setting or reviewing bail or conditions of release, scheduling future hearings. Judges and prosecutors are not expecting major motions or full evidentiary fights at that stage.
- Between hearings, a good defense lawyer is:
- Reviewing discovery (the police reports, body-cam video, lab results, etc.)
- Identifying potential legal issues
- Researching the law
- Drafting motions and briefs
- Negotiating or positioning the case with the prosecutor
- Later hearings (like motion hearings, Omnibus hearings, or pretrial conferences) are where more of the “meat and potatoes” of a case gets addressed—after the research and writing has been done properly.
Marie gives an example: she met with a client who was eager—understandably—to challenge certain pieces of evidence right away at the very first appearance. But the law and the court process don’t work that way.
To challenge evidence the right way, your lawyer often needs to:
- Get full discovery from the state.
- Carefully analyze what happened.
- Research the specific legal issues.
- Draft and file written motions.
- Get a hearing date set where the judge is actually prepared to decide those issues.
That takes time—and it happens in the background.
Why You Should Ask to See What’s Been Filed in Your Name
One of Marie’s strongest recommendations is simple:
Ask to see the written pleadings and submissions your lawyer files in your case.
If you’re the client, you are the one living with the consequences of what your lawyer says about you in court documents. If you’re a family member supporting someone, those filings can help you understand what’s really being done to protect them.
Reviewing the written work helps you:
- Stay informed. You see the exact positions your lawyer is taking, not just a summary.
- Ask better questions. You can say, “Walk me through this argument,” or “Why did we focus on this issue instead of that one?”
- Evaluate quality. Is the writing clear, specific, and grounded in law? Or is it vague, sloppy, or boilerplate?
- Feel more in control. When you understand what’s happening on paper, the whole process feels less mysterious and less overwhelming.
You don’t need a law degree to ask good questions like:
- “What outcome are you asking the judge for in this motion?”
- “What cases or laws are you relying on to support this argument?”
- “What happens if the judge agrees with you? What happens if the judge doesn’t?”
Any lawyer who takes your case seriously should be willing to walk you through those answers.
The Power of a Team: Courtroom Presence + Research and Writing
Good criminal defense is rarely a one-person show.
Marie likens it to a sports team: there’s a quarterback, receivers, blockers—each with a different but critical role. In a strong law firm, you’ll see the same kind of structure:
- Trial lawyer / “face of the case”
- The person you see in the courtroom.
- Strong presence in front of judges and juries.
- Skilled at cross-examination, argument, and storytelling.
- Research and writing attorney
- Often less visible to clients.
- Digs deeply into case law, statutes, rules, and constitutional issues.
- Crafts the written motions and briefs that shape the legal battlefield.
- Support staff and paralegals
- Manage records, deadlines, filings, and logistics.
- Help keep the case organized and moving.
Marie describes a current case in Wisconsin where she sits primarily in the research and writing role, while another attorney (Ryan) is the face of the case in the courtroom.
The challenges there include:
- Complex charges
- Complicated rules of evidence
- Issues like “joinder” and “severance” (whether multiple charges or incidents should be tried together or separately—questions that can have a huge impact on fairness)
- The added layer of practicing in a different state with its own rules and case law
Untangling all of that—figuring out what’s “in bounds” and “out of bounds” for trial—takes an enormous amount of behind-the-scenes legal work.
That work doesn’t show up in a 10-minute hearing. But it can decide:
- What evidence the jury hears
- How the jury is instructed on the law
- Whether all charges move forward, or some get dismissed or separated
When you’re evaluating a firm, it’s worth asking:
- “Who does your research and writing?”
- “How do your lawyers and staff work together on complex cases?”
You want a team that covers all the important roles, not just someone who looks confident in a suit.
How to Tell If a Lawyer Is the Right Fit—Beyond the Ads and Ratings
If you’ve never been through the criminal justice system before, choosing a lawyer can feel overwhelming. There’s a flood of:
- Online ads
- Billboards and bus signs
- Star ratings and reviews
- “Top 100” or “Super” lists generated by marketing companies
Some of that information is useful. Some isn’t. And much of it is impossible to decode from the outside.
Marie’s advice is practical and grounded:
1. Be an educated consumer.
Treat this like any other major life decision—because it is. Don’t stop at the first website or ad you see.
2. Check reputation and track record.
Do basic diligence:
- Look at independent reviews and client testimonials.
- Talk to people you trust if they have experience with local lawyers.
- See if the lawyer or firm actually handles serious and complex criminal cases, not just minor matters.
3. Pay attention to how you feel with them.
You should feel like:
- You can talk openly and honestly with your lawyer.
- They listen to you and answer your questions.
- They’re willing to explain the process and their strategy.
- You can trust them enough to have a collaborative relationship, not a one-way lecture.
4. Ask about their written work.
This is often overlooked, but critical:
- “How do you handle legal research and writing in serious cases?”
- “Can you walk me through an example of a motion or brief you’ve filed (with names and details removed)?”
- “What’s your approach to challenging evidence or complex charges?”
You’re looking for signs that:
- They take written advocacy seriously.
- They know how to frame issues for a judge.
- They have systems and people in place to support thorough research and strong briefing.
5. Notice how they talk about court.
Do they only talk about “fighting hard” and “aggressive” representation in the courtroom, or do they also talk about:
- Strategy
- Legal issues
- Motions practice
- Appeals, if needed
In serious cases, “tough talk” isn’t enough. You want someone who knows how to think, write, and argue.
Questions You Can Ask Your (Current or Future) Lawyer
Whether you already have a lawyer or you’re still looking, here are specific questions Marie’s perspective suggests you use:
- “Can I have copies of all motions and briefs filed in my case?”
(If the answer is defensive or reluctant, that’s a red flag.) - “What are the main legal issues you see in my case?”
(Listen for specifics, not just generic statements like “We’re going to fight this.”) - “Have you researched whether my rights were violated in how evidence was gathered?”
(Especially important in cases involving searches, traffic stops, interrogations, digital evidence, etc.) - “What outcomes are you asking the judge for in your written motions?”
- “Who on your team is responsible for research and writing?”
- “What do you expect will realistically happen at the next hearing?”
(This helps set expectations and shows whether your lawyer understands the process.)
A good lawyer should welcome these questions. They show you’re engaged, paying attention, and invested in your own defense—which makes their job easier, not harder.
If You’re Standing at the Edge of the Unknown
If you’re reading this because someone you love has just been charged—or you’re the one facing the charge—you’re likely scared, angry, or overwhelmed.
You don’t have to understand every statute or rule of evidence. That’s not your job.
But you do deserve:
- A lawyer who takes the invisible work seriously—researching, thinking, writing.
- A team that covers every critical role: courtroom presence, legal analysis, and strong briefing.
- Clear communication about what’s happening between court dates, not just “Show up and trust me.”
- The chance to see and understand what is being filed in your name.
Legal research and writing aren’t just academic exercises. They’re tools that can:
- Suppress illegally obtained evidence
- Get charges reduced or dismissed
- Shape how your story is told in court
- Protect your constitutional rights when nobody else in the room is doing it
If you take nothing else from this, take this:
Ask to see what’s on the judge’s desk.
Ask questions about it. Make sure your lawyer has a plan, on paper as well as in person.
Because when the door to the judge’s chambers closes and decisions are being made about your future, your written brief becomes your voice. Make sure it’s a strong one.
If you or someone you love is facing a serious or complex criminal charge in Minnesota or Wisconsin and you want to understand how strong legal research and writing could change your case, reach out, ask to talk through the strategy, and insist on being part of that conversation.
Your life is too important to leave the most powerful part of your defense invisible.