Transcript Librarian or Lawyer? : What do YOU tell people when they

Librarian or Lawyer? :
What do YOU tell people
when they have a
Legal Question?
Cathy Balshone, Newton Free Library, Moderator
Suzanne Hoey, Head Law Librarian, Worcester Law Library
Jennifer Pickett, Reference Librarian, Brooks Free Library, Harwich
Caroline Robinson, Website Coordinator/ MassLegalHelp.org, Massachusetts Law Reform Institute
Marnie Warner, Law Library Coordinator, Trial Court Law Libraries
Massachusetts Library Association Spring Conference
April 30, 2010
Hyannis, Massachusetts
The Panel
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Cathy Balshone, Moderator, Reference Librarian,
Newton Free Library, Legal Collection
Suzanne Hoey, Head Law Librarian, Worcester
Law Library
Jennifer Pickett, Reference Librarian, Brooks
Free Library, Harwich
Caroline Robinson, Website Coordinator /
MassLegalHelp.org, Mass Law Reform Institute
Marnie Warner, Law Library Coordinator,
Massachusetts Trial Court Law Libraries (TCLL)
Public Libraries and Access to
Justice
"The court system is an adversarial system,"
he said. "When you walk into our
environment, we don't take sides. We don't
care if you are a judge or private citizen. We
are respectful and responsive to everybody."
Gene Myers, Director of the Anoka County Law Library, Minnesota speaking about the growing numbers of
people using public libraries in these hard economic times
The New Legal Aid: Do it Yourself, Star Tribune.Com David Chanen April 10, 2010.
Librarian or Lawyer?
Help for the patron
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What do I need to know to find legal
information for my patrons?
How can I be sure I am only giving legal
information when my patron is asking for
legal advice?
How can I help my patron find a lawyer?
How can we share information and
training with other librarians and with the
public?
Public Libraries and Access to
Justice
Public libraries provide access to government agencies that now
offer many forms and services online. More than 26 million
people used public library computers to get government or legal
information or to access government services. Of these, 58
percent downloaded a government forms, such as Social
Security paperwork, tax forms, and Medicare enrollment
documents. Nearly half of these people wound up submitting a
government form using a library computer. When it came to
government services, the vast majority who sought help from
government officials over a library’s Internet connection (84
percent) reported they received the help they were seeking.
Opportunity for All: How the American Public Benefits from Internet Access at U.S. Libraries, Bill & Melinda Gates
Foundation, March, 2010.
Finding Information for our patrons
How can we find legal information
for our patrons?
 Where
to begin? Civics 101
 Legal reference basics
 Four great free websites
 Print materials
Civics 101
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Governing Documents
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The U.S. Constitution
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http://www.law.cornell.edu/constitution/
Constitution of The Commonwealth of
Massachusetts
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http://www.mass.gov/legis/const.htm
City and Town Charters
Civics 101
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Jurisdiction
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National
State
Local
Civics 101
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Three Branches of Government
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Legislative
Executive
Judicial
Civics 101
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Each branch creates “law”
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Legislative – Statutes
Executive – Administrative Regulations
Judicial – Cases, Decisions
Civics 101
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Executive Branch
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Agency Regulations
Commission Rulings
Boards of Registration
Executive orders
Attorney-General Opinions
Legislative Laws
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Law by any other name…
Session Laws
Public Laws or Acts
Statutes
Codified Laws
Ordinances
Case Law – Judicial Branch
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Decisions
Opinions
Rulings
Legal Reference Basics
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How to read a legal citation
401 Mass. 1
Volume
Title
Starting Page
Legal Reference Basics
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How to read a legal citation
M.G.L. ch.93A §1
Title Chapter Section
Legal Reference Basics
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Law About…Legal Writing & Citation
Legal Reference Basics
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Finding a Legal Definition
Legal Reference Basics
Civil
Criminal
Legal dispute between 2 or more
people, corporations of
agencies
 Plaintiff initiates
 Defendant responds
 Court/Jury determines if one
party has harmed the other
 Damages (money or other) to
compensate for loss
 Defendant does not have
Constitutional guarantee to
attorney
Violation of criminal statute
 Government initiates
 Defendant responds
 Court/Jury determines if
defendant has violated a
statute
 Punishment is often
incarceration
 Defendant has Constitutional
guarantee to an attorney
Legal Reference Basics
Primary Sources
 Can be cited in court
documents
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Laws
Regulations
Cases
Secondary Sources
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Most should not be cited in
court documents
Everything else
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Websites
Self-help guides
Treatises
Four Great Websites -- Free
Massachusetts Trial Court Law Libraries http://www.lawlib.state.ma.us/
Four Great Websites -- Free
Your Public Library http://libraries.state.ma.us/
Four Great Websites -- Free
MassLegalHelp www.MassLegalHelp.org
Four Great Websites -- Free
MassLegalServices
www.MassLegalServices.org
Selected Books & Legal News
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Acts & Resolves/MassachusettGeneral Court
Massachusetts General Laws
Massachusetts Decisions
Nolo self-help editions, in print & online
Loose-leaf services on topic of law
Massachusetts Practice Series
Massachusetts Rules of Court
Use TCLL Document Delivery service
Massachusetts Lawyers Weekly
Answering Legal Questions
I ran over a pothole and damaged my car. What can I do?
WWW.lawlib.state.ma.us
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Click on Law About...
Over 150 Topics A-Z
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Scroll down to Potholes to
find
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Laws
Selected cases
Web sources
Print sources
Answering Legal Questions
How can I find out about child support?
Answering Legal Questions
Where can I find this law?
www.lawlib.state.ma.us
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Scroll down to Laws,
Regulations, Cases and
more...
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Click on Massachusetts
General Laws
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You will find links to search
by citation, popular name, full
text as well a link to search
recent Acts and Resolves
Answering Legal Questions
“Forms”
Answering Legal Questions
What questions do you get?
Ask a Law Librarian!
How to Find a Lawyer
www.lawlib.state.ma.us/lawyer/referral.html
Referral Services
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Mass. Bar Association
Boston Bar Association
Regional Bar Associations
American Bar Association
How to Find a Lawyer
Selected, need-based legal services available at
www.MassLegalHelp.org/find-legal-aid
How Far Can We Go?
We Can…
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Give information
Give you legal definitions
Answer general questions
Give you general
information about court
rules and terminology
Give you citations of
Statutes, court rules and
ordinances
We Cannot…
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Give legal advice
Give you legal
interpretations
Explain judicial decision
Advise you as to how the
court rules and
procedures will be applied
to your case
Complete your research
How Far Can We Go?
We Can…
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Give you public case
information
Give you forms and
instructions to complete
Provide you with contact
information for legal
services and attorney
referral services
We Cannot…
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Give you confidential
information
Complete forms for you
unless you have a
disability
Refer you to a specific
lawyer or contact
programs on your behalf
How Far Can We Go?
We Can…
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Tell you the answer if
there is only one clearly
defined answer
We Cannot…
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Tell you the answer if
there is more than one
clearly defined alternative
How Far Can We Go?
Librarians: Limits & Disclaimers
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“Legal reference does not include interpretation
or advice.”
“The patron must read, analyze and interpret the
material…”
“The librarian may direct you to cases, statutes,
and sources, but that does not mean those are
the only ones that might apply to your situation.”
National Service Trends in
The Access to Justice Movement
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State Courts partner with Public Libraries
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Court assistance through court web sites
Question & Response Handbooks
Prescription Pads
Language issues
Court translators
Help filling out forms
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Self-help Centers in public libraries
Law students and lawyers may help fill out forms
Web sites with language setting options
Mass-Access to Justice
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State-wide communications
Sharing information
Sharing legal reference skills
Posting legal literacy class handouts
Uploading templates for posters and
brochures
Access to Justice Commissions
Access to Justice (ATJ) through state appointed
commissions and organizations for the selfrepresented litigant
 Locate state-by-state ATJ commissions through
the ABA Resource Center
http://www.abanet.org/legalservices/sclaid/atjreso
urcecenter/atjmainpage.html
 Massachusetts Justice Commission
http://www.mass.gov/courts/press/pr060809.html
http://www.massaccesstojustice.org/
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Public Libraries and
Access to Justice Conferences
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Conference materials posted at WebJunction.org
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January 2010 in Austin, TX
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Search terms “Public Libraries and Access to Justice”
http://www.webjunction.org/legalinformation?p_p_id=3&p_p_lifecycle=0&p_p_state=
maximized&p_p_mode=view&_3_struts_action=%2Fs
earch%2Fsearch
Training funded by The Bill & Melinda Gates
Foundation with Legal Services Corporation to the
National Center for State Courts, hosted by the SelfRepresented Litigation Network
March 2010 Portland, OR
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Public Libraries Association (PLA)
Get the Presentation, bookmarks
and posters
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MassLegalHelp has a section devoted to
you.
MassLegalHelp.org/help/human-servicesworkers/MLA-conference-materials