Thursday, September 18, 2008

How do you help someone with a law question without giving legal advice?

How does a librarian working at a typical branch library develop confidence and expertise in handling law questions? Here are a few helpful hints:

Use the Model Reference Behaviors. Take some time and use your reference interview skills to make sure you understand what your customer is trying to find.

Be familiar with your legal resources, print, electronic, and web. Most libraries will have Black’s Law Dictionary, the standard dictionary of legal terminology. If your library doesn’t have Black’s, check your catalog. You might have another law dictionary that you can use for basic legal definitions. Another useful source for general legal information is a law encyclopedia such as West’s Encyclopedia of American Law. Some libraries have access to an online legal encyclopedia such as Gale’s Encyclopedia of Everyday Law.

Since it provides subject access to the laws of the State of Maryland, Michie’s Annotated Code of Maryland is in constant use in many public libraries. U.S. Government Depository libraries may have the U.S. Code, which provides subject access to the laws of the United States.

There are many legal resources available on the Web. The State Library Resource Center’s Getting Started in Legal Research guide serves as a useful introduction to some of the most useful websites. If you’re interested in learning how to use the Web version of the U.S. Code, look at our Using the U.S. Code Online tutorial.

Keep a current list of appropriate agencies for legal referrals. For example, you’ll want contact information for legal aid and local and state bar associations. It’s also useful to know which law libraries are available to the public in your area. These might be law schools or court law libraries.

Know what types of legal questions you can answer as opposed to those that require the services of an attorney. Here are examples of some legal questions that we can potentially answer:
  • Definitions of legal terms and expressions
  • How to use our legal resources
  • Find copies of specific U.S., state, or local laws
  • Locate a case decided by the U.S. Supreme Court
  • Basic information on attorneys
  • Legal forms (including where to find Maryland Circuit and District Court official forms)
Now that we know what we can do, what kinds of legal questions should we refer to other agencies or an attorney? Here are some examples:
  • A customer wants help writing his last will and testament.
  • A patron is having difficulty understanding a particular law and wants you to help her interpret it.
  • An individual is having difficulties with her next-door neighbor and wants to know what legal remedies are available.
In general, as public librarians, we can help people use legal resources and assist in finding specific laws and cases but we should always avoid providing legal advice or interpretation. When in doubt, consult with your supervisor or refer to your system’s reference service policy on legal questions.

No comments: