librarian or lawyer?

Librarian or Lawyer? :Librarian or Lawyer? : What do YOU tell people What do YOU tell people

when they have awhen they have a

Legal Question?Legal Question? Cathy Balshone, Newton Free Library, ModeratorCathy Balshone, Newton Free Library, ModeratorSuzanne Hoey, Head Law Librarian, Worcester Law LibrarySuzanne Hoey, Head Law Librarian, Worcester Law LibraryJennifer Pickett, Reference Librarian, Brooks Free Library, HarwichJennifer Pickett, Reference Librarian, Brooks Free Library, HarwichCaroline Robinson, Website Coordinator/ MassLegalHelp.org, Massachusetts Law Reform InstituteCaroline Robinson, Website Coordinator/ MassLegalHelp.org, Massachusetts Law Reform InstituteMarnie Warner, Law Library Coordinator, Trial Court Law LibrariesMarnie Warner, Law Library Coordinator, Trial Court Law Libraries

Massachusetts Library Association Spring Conference Massachusetts Library Association Spring Conference April 30, 2010April 30, 2010Hyannis, MassachusettsHyannis, Massachusetts

The Panel

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 Public Libraries and Access to JusticeJustice

"The court system is an adversarial "The court system is an adversarial system," he said. "When you walk into system," he said. "When you walk into our environment, we don't take sides. our environment, we don't take sides. We don't care if you are a judge or We don't care if you are a judge or private citizen. We are respectful and private citizen. We are respectful and responsive to everybody."responsive to everybody." Gene Myers, Director of the Anoka County Law Library, Minnesota speaking about the growing Gene Myers, Director of the Anoka County Law Library, Minnesota speaking about the growing

numbers of people using public libraries in these hard economic timesnumbers of people using public libraries in these hard economic times

The New Legal Aid: Do it Yourself,The New Legal Aid: Do it Yourself, Star Tribune.Com David Chanen April 10, 2010. Star Tribune.Com David Chanen April 10, 2010.

Librarian or Lawyer?Help for the patron

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 Public Libraries and Access to JusticeJustice

Public libraries provide access to government agencies that Public libraries provide access to government agencies that now now offer many forms and services online. More than 26 million offer many forms and services online. More than 26 million people used public library computers to get government or people used public library computers to get government or legal information or to access government services. Of these, legal information or to access government services. Of these, 58 percent downloaded a government forms, such as Social 58 percent downloaded a government forms, such as Social Security paperwork, tax forms, and Medicare enrollment Security paperwork, tax forms, and Medicare enrollment documents. Nearly half of these people wound up submitting documents. Nearly half of these people wound up submitting a government form using a library computer. When it came to a government form using a library computer. When it came to government services, the vast majority who sought help from government services, the vast majority who sought help from government officials over a library’s Internet connection (84 government officials over a library’s Internet connection (84 percent) reported they received the help they were seeking.percent) reported they received the help they were seeking.

Opportunity for All: How the American Public Benefits from Internet Access at U.S. LibrariesOpportunity for All: How the American Public Benefits from Internet Access at U.S. Libraries , , Bill & Melinda Bill & Melinda Gates Foundation, March, 2010. Gates Foundation, March, 2010.

Finding Information for our patronsFinding Information for our patrons

How can we find legal How can we find legal information for our patrons?information for our patrons? Where to begin? Civics 101Where to begin? Civics 101 Legal reference basicsLegal reference basics Four great free websitesFour great free websites Print materialsPrint materials

Civics 101Civics 101

Governing DocumentsGoverning Documents The U.S. ConstitutionThe U.S. Constitution

http://www.law.cornell.edu/constitution/http://www.law.cornell.edu/constitution/ Constitution of The Commonwealth of Constitution of The Commonwealth of

MassachusettsMassachusetts http://www.mass.gov/legis/const.htmhttp://www.mass.gov/legis/const.htm

City and Town ChartersCity and Town Charters

Civics 101Civics 101

JurisdictionJurisdiction NationalNational StateState LocalLocal

Civics 101Civics 101

Three Branches of GovernmentThree Branches of Government LegislativeLegislative ExecutiveExecutive JudicialJudicial

Civics 101Civics 101

Each branch creates “law”Each branch creates “law”

Legislative – StatutesLegislative – Statutes Executive – Administrative RegulationsExecutive – Administrative Regulations Judicial – Cases, DecisionsJudicial – Cases, Decisions

Civics 101Civics 101

A Law by any other name…A Law by any other name… Executive BranchExecutive Branch

Agency RegulationsAgency Regulations Commission Rulings Commission Rulings Boards of RegistrationBoards of Registration Executive ordersExecutive orders Attorney-General OpinionsAttorney-General Opinions

Legislative LawsLegislative Laws Session Laws Session Laws Public Laws or Acts Public Laws or Acts Statutes Statutes Codified Laws Codified Laws OrdinancesOrdinances

Case Law – Judicial BranchCase Law – Judicial Branch DecisionsDecisions OpinionsOpinions RulingsRulings

Legal Reference BasicsLegal Reference Basics

How to read a legal citationHow to read a legal citation

401 Mass. 1401 Mass. 1

Volume Title Starting PageVolume Title Starting Page

Legal Reference BasicsLegal Reference Basics

How to read a legal citationHow to read a legal citation

M.G.L. ch.93A §1M.G.L. ch.93A §1

Title Chapter SectionTitle Chapter Section

Legal Reference BasicsLegal Reference Basics

Law About…Legal Writing & CitationLaw About…Legal Writing & Citation

Legal Reference BasicsLegal Reference Basics

Finding a Legal DefinitionFinding a Legal Definition

Legal Reference BasicsLegal Reference Basics

CivilCivilLegal dispute between 2 or Legal dispute between 2 or

more people, corporations more people, corporations of agenciesof agencies

Plaintiff initiatesPlaintiff initiates Defendant respondsDefendant responds Court/Jury determines if one Court/Jury determines if one

party has harmed the otherparty has harmed the other Damages (money or other) Damages (money or other)

to compensate for lossto compensate for loss Defendant does not have Defendant does not have

Constitutional guarantee to Constitutional guarantee to attorneyattorney

CriminalCriminalViolation of criminal statuteViolation of criminal statute Government initiates Government initiates Defendant respondsDefendant responds Court/Jury determines if Court/Jury determines if

defendant has violated a defendant has violated a statute statute

Punishment is often Punishment is often incarceration incarceration

Defendant has Defendant has Constitutional guarantee to Constitutional guarantee to an attorneyan attorney

Legal Reference BasicsLegal Reference Basics

Primary SourcesPrimary Sources

Can be cited in court Can be cited in court documents documents

LawsLaws RegulationsRegulations CasesCases

Secondary SourcesSecondary Sources Most should not be cited in Most should not be cited in

court documentscourt documents

Everything elseEverything else WebsitesWebsites Self-help guidesSelf-help guides TreatisesTreatises

Four Great Websites -- FreeFour Great Websites -- FreeMassachusetts Trial Court Law Libraries http://www.lawlib.state.ma.us/

Four Great Websites -- FreeFour Great Websites -- FreeYour Public Library http://libraries.state.ma.us/

Four Great Websites -- FreeFour Great Websites -- FreeMassLegalHelp www.MassLegalHelp.org

Four Great Websites -- FreeFour Great Websites -- FreeMassLegalServices www.MassLegalServices.org

Selected Books & Legal News

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 QuestionsAnswering Legal Questions

WWW.lawlib.state.ma.usWWW.lawlib.state.ma.us

Click on Law About... Click on Law About... Over 150 Topics A-ZOver 150 Topics A-Z

Scroll down to Scroll down to Potholes Potholes to find to find

LawsLaws Selected casesSelected cases Web sourcesWeb sources Print sourcesPrint sources

I ran over a pothole and damaged my car. What can I do?

Answering Legal QuestionsAnswering Legal QuestionsHow can I find out about child support?

Answering Legal QuestionsAnswering Legal Questions

www.lawlib.state.ma.uswww.lawlib.state.ma.us

Scroll down to Scroll down to Laws, Laws, Regulations, Cases and Regulations, Cases and more...more...

Click on Click on Massachusetts Massachusetts General LawsGeneral Laws

You will find links to You will find links to search by citation, popular search by citation, popular name, full text as well a name, full text as well a link to search recent Acts link to search recent Acts and Resolvesand Resolves

Where can I find this law?

Answering Legal QuestionsAnswering Legal Questions

““Forms”Forms”

Answering Legal QuestionsAnswering Legal Questions

What questions do you get?

Ask a Law Librarian!Ask a Law Librarian!

How to Find a LawyerHow to Find a Lawyer

Referral ServicesReferral Services

Mass. Bar AssociationMass. Bar Association Boston Bar AssociationBoston Bar Association Regional Bar Regional Bar

AssociationsAssociations American Bar American Bar

AssociationAssociation

www.lawlib.state.ma.us/lawyer/referral.html

How to Find a LawyerHow to Find a LawyerSelected, need-based legal services available at

www.MassLegalHelp.org/find-legal-aid

How Far Can We Go?How Far Can We Go?

We Can…We Can… Give informationGive information Give you legal Give you legal

definitionsdefinitions Answer general Answer general

questionsquestions Give you general Give you general

information about court information about court rules and terminologyrules and terminology

Give you citations of Give you citations of Statutes, court rules and Statutes, court rules and ordinancesordinances

We Cannot…We Cannot… Give legal adviceGive legal advice Give you legal Give you legal

interpretationsinterpretations Explain judicial decisionExplain judicial decision Advise you as to how Advise you as to how

the court rules and the court rules and procedures will be procedures will be applied to your caseapplied to your case

Complete your research Complete your research

How Far Can We Go?How Far Can We Go?

We Can…We Can… Give you public case Give you public case

informationinformation Give you forms and Give you forms and

instructions to instructions to completecomplete

Provide you with Provide you with contact information contact information for legal services and for legal services and attorney referral attorney referral servicesservices

We Cannot…We Cannot… Give you confidential Give you confidential

informationinformation Complete forms for Complete forms for

you unless you have a you unless you have a disabilitydisability

Refer you to a specific Refer you to a specific lawyer or contact lawyer or contact programs on your programs on your behalfbehalf

How Far Can We Go?How Far Can We Go?

We Can…We Can… Tell you the answer if Tell you the answer if

there is only one there is only one clearly defined answerclearly defined answer

We Cannot…We Cannot… Tell you the answer if Tell you the answer if

there is more than one there is more than one clearly defined clearly defined alternativealternative

How Far Can We Go?How Far Can We Go?

Librarians: Limits & DisclaimersLibrarians: Limits & Disclaimers

““Legal reference does not include interpretation Legal reference does not include interpretation or advice.”or advice.”

““The patron must read, analyze and interpret the The patron must read, analyze and interpret the material…”material…”

““The librarian may direct you to cases, statutes, The librarian may direct you to cases, statutes, and sources, but that does not mean those are and sources, but that does not mean those are the only ones that might apply to your situation.”the only ones that might apply to your situation.”

National Service Trends in National Service Trends in The Access to Justice MovementThe Access to Justice Movement

State Courts partner with Public LibrariesState Courts partner with Public Libraries Self-help Centers in public librariesSelf-help Centers in public libraries

Court assistance through court web sitesCourt assistance through court web sites Question & Response Handbooks Question & Response Handbooks Prescription Pads Prescription Pads Language issuesLanguage issues Court translatorsCourt translators Help filling out formsHelp filling out forms

Law students and lawyers may help fill out Law students and lawyers may help fill out formsforms

Web sites with language setting optionsWeb sites with language setting options

Mass-ass-AAccessccess toto JusticeJustice

State-wide communicationsState-wide communications Sharing informationSharing information Sharing legal reference skillsSharing legal reference skills Posting legal literacy class handoutsPosting legal literacy class handouts Uploading templates for posters and Uploading templates for posters and

brochuresbrochures

Access to Justice CommissionsAccess to Justice Commissions

Access to Justice (ATJ) through state Access to Justice (ATJ) through state appointed commissions and organizations appointed commissions and organizations for the self-represented litigantfor the self-represented litigant

Locate state-by-state ATJ commissions Locate state-by-state ATJ commissions through the ABA Resource Centerthrough the ABA Resource Center

http://www.abanet.org/legalservices/sclaid/http://www.abanet.org/legalservices/sclaid/atjresourcecenter/atjmainpage.htmlatjresourcecenter/atjmainpage.html

Massachusetts Justice CommissionMassachusetts Justice Commissionhttp://www.mass.gov/courts/press/http://www.mass.gov/courts/press/

pr060809.htmlpr060809.htmlhttp://www.massaccesstojustice.org/http://www.massaccesstojustice.org/

Public Libraries and Public Libraries and Access to Justice ConferencesAccess to Justice Conferences

Conference materials posted at Conference materials posted at WebJunction.orgWebJunction.org Search terms “Public Libraries and Access to Search terms “Public Libraries and Access to

Justice”Justice” http://www.webjunction.org/legal-information?http://www.webjunction.org/legal-information?

p_p_id=3&p_p_lifecycle=0&p_p_state=maximized&p_p_id=3&p_p_lifecycle=0&p_p_state=maximized&p_p_mode=view&_3_struts_action=%2Fsearchp_p_mode=view&_3_struts_action=%2Fsearch%2Fsearch%2Fsearch

January 2010 in Austin, TXJanuary 2010 in Austin, TX Training funded by The Bill & Melinda Gates Training funded by The Bill & Melinda Gates

Foundation with Legal Services Corporation to the Foundation with Legal Services Corporation to the National Center for State Courts, hosted by the Self-National Center for State Courts, hosted by the Self-Represented Litigation NetworkRepresented Litigation Network

March 2010 Portland, ORMarch 2010 Portland, OR Public Libraries Association (PLA)Public Libraries Association (PLA)

Get the Presentation, bookmarks Get the Presentation, bookmarks and postersand posters

MassLegalHelp has a section devoted MassLegalHelp has a section devoted to you.to you.

MassLegalHelp.org/help/human-MassLegalHelp.org/help/human-services-workers/MLA-conference-services-workers/MLA-conference-materialsmaterials