Download - 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