legal resources - Public Libraries Online https://publiclibrariesonline.org A Publication of the Public Library Association Sat, 24 Mar 2018 13:36:50 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.5 Lawyers in the Library https://publiclibrariesonline.org/2018/03/lawyers-in-the-library/?utm_source=rss&utm_medium=rss&utm_campaign=lawyers-in-the-library https://publiclibrariesonline.org/2018/03/lawyers-in-the-library/#respond Sat, 24 Mar 2018 13:36:50 +0000 http://publiclibrariesonline.org/?p=13495 As we all know, public libraries are bastions of knowledge, and are information citadels for the communities in which they reside. Libraries transform, and libraries lead.

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As we all know, public libraries are bastions of knowledge, and are information citadels for the communities in which they reside. Libraries transform, and libraries lead. Over the years, libraries have added services to their basic book and media collections to further meet the ever-expanding needs of patrons. It has been fun to see services such as seed libraries, tie libraries, makerspaces, and even human libraries make their way into the common services offered to the public. These unique service offerings and programs allow members of the community to experience things that they would not have otherwise.

A service offering that libraries should consider adding is a free legal clinic. This may seem like a complicated thing to start, but do not fear, it is simple. Access to legal services should be a basic right that every American should enjoy, but sadly, it is not (at least, not until it is too late). Having access to a lawyer is dependent upon having the ability to pay for one. Access to the courts is a social justice issue that librarians should be interested in helping correct. Legal advice should not be available only to those who can afford it.

Common legal inquiries that patrons might have:

  • Creating a will;
  • Researching patents;
  • Starting a business;
  • Filing for copyright;
  • Legality of a certain action;
  • Whether someone can be sued;
  • How to file paperwork with the courts;
  • Divorce;
  • Adoption;
  • Eviction.

Hosting a legal clinic can be as simple as making volunteer lawyers in the community available for certain days and times during the week to the public. Just devoting space a few hours a week can make a difference. Getting volunteers should not be difficult. Attorneys are encouraged by the American Bar Association to perform so many hours of pro bono services a year[i]. Contacting the local bar association and letting them know that your library is looking for volunteers might be a good idea. Advertising for volunteers on social media and in the library, is also another way to raise awareness.

The first step a library should take before trying to obtain volunteer lawyers, is to create a policy for the legal clinic. This should set the hours and expectations of the clinic. The policy should be created in conjunction with the library’s legal team. A library needs to decide whether services will be on a first-come basis, or via a predetermined appointment.

All librarians, not just those managing legal clinics, need to learn how to interact with those who are conducting legal research. Every librarian is asked at some point a question that can only be answered by an attorney. A librarian should tell the patron that they are not an attorney, and cannot answer their question, but can point them in the direction of someone who can, or towards information resources that the patron can use to arrive at their own conclusion.

Librarians cannot do the following:

  • Answer legal questions directly or indirectly;
  • Tell someone which legal forms to use;
  • Advise on whether a patron should go to court;
  • Interpret legal statues or code.

What librarians can do:

  • Show patrons the legal research services that the library offers;
  • Point patrons towards valid legal information sources;
  • Offer legal clinics staffed by licensed attorneys.

Recommended items for a legal reference collection:

  • NOLO legal guides (as many as your library can afford);
  • A legal dictionary;
  • A legal database, such as LexisNexis/Westlaw;
  • State legal directory;
  • Rules of local and federal courts;
  • Book of template legal forms.

References

[i] https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_6_1_voluntary_pro_bono_publico_service.html

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Lawyers and Libraries: A Winning Combination for Your Patrons https://publiclibrariesonline.org/2016/03/lawyers-and-libraries-a-winning-combination-for-your-patrons/?utm_source=rss&utm_medium=rss&utm_campaign=lawyers-and-libraries-a-winning-combination-for-your-patrons https://publiclibrariesonline.org/2016/03/lawyers-and-libraries-a-winning-combination-for-your-patrons/#respond Mon, 21 Mar 2016 16:17:30 +0000 http://publiclibrariesonline.org/?p=8612 Libraries are great places to find legal information, in the stacks, in NOLO books on every topic, and on legal websites accessed via the public computers. But librarians can only point patrons to these resources; they can't give legal advice themselves. So why not bring in the lawyers who can?

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Libraries are great places to find legal information, in the stacks, in NOLO books on every topic, and on legal websites accessed via the public computers. But librarians can only point patrons to these resources; they can’t give legal advice themselves. So why not bring in the lawyers who can?

Libraries across the country are embracing programs that bring pro-bono lawyers to the library for presentations on popular legal topics or one-on-one basic legal advice. In Florida, Lawyers in Libraries is a statewide project initiated by Florida Legal Services. At first, the program consisted of presentations by lawyers to library staff to show staff how to find the state’s online legal information and services to pass on to patrons. Soon it expanded to include presentations directly to patrons on legal topics including family law, bankruptcy, and medical directives.

“There are all kinds of ways that people can benefit from the information and face to face contact with an attorney,” said Kathy Para, director of Pro Bono Jacksonville Area Legal Aid (JALA).[1]

The Jacksonville Public Library has hosted more than fifty of these presentations over the last year in conjunction with JALA. Librarians at each branch are able to request presentations on topics of interest to their patrons, and a group of fifty volunteer lawyers are on hand with JALA to take on the topics they are experts in.

In Baltimore, Maryland, the library’s role as a safe space in the midst of 2015’s riots helped spark a connection between Maryland Legal Aid and the Pennsylvania Avenue branch of the Enoch Pratt Free Library, a branch located right in the middle of the unrest.

In September, the library started hosting a weekly Lawyer in the Library program, with volunteer lawyers arriving for two hours every Tuesday to offer advice on topics ranging from consumer issues to housing to public benefits. Patrons get about fifteen minutes one-on-one with a lawyer at the library; if their issues are more complex, MLA does a full intake and assigns a lawyer to the case.

The services offered at the Pennsylvania Avenue library are exactly the same as what is offered in MLA’s downtown office, but the library location offers a huge benefit to patrons. “They can walk to the library from their house, so they don’t have to take three buses downtown to MLA,” said Amy Petkovsek, Director of Advocacy for Training and Pro Bono at Maryland Legal Aid. “This brings us right to them in a place they already see.”[2]

In addition to the weekly program, the library also hosts an expungement clinic one Saturday a month with MLA. A recent change in Maryland’s law means that many people are looking to expunge charges from their records,[3] a process can cost upwards of $1,000 with a private attorney. At these clinics, which have served up to two hundred people in one day, these expungements can be completed for free.

Even the busiest days do not deter people. “They may have to wait 6 hours to see a lawyer but they so grateful and willing to sit there” and use the library while they wait, said Petkovsek.[4]


Resources:

Lawyers in Libraries


References:

[1] Jennifer A. Dixon, “Enoch Pratt Free Library Brings Lawyers to the Library,” Library Journal, accessed February 23, 2016.

[2] Kathy Para (Director of Pro Bono Jacksonville Area Legal Aid), telephone interview by author, February 19, 2016.

[3] Amy Petkovsek (Director of Advocacy for Training and Pro Bono at Maryland Legal Aid), telephone interview by author. February 19, 2016.

[4] Ibid.

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Immigration Services in Libraries https://publiclibrariesonline.org/2016/03/immigration-services-in-libraries/?utm_source=rss&utm_medium=rss&utm_campaign=immigration-services-in-libraries https://publiclibrariesonline.org/2016/03/immigration-services-in-libraries/#respond Wed, 02 Mar 2016 23:39:45 +0000 http://publiclibrariesonline.org/?p=8327 Immigrating to a new country is a daunting and complicated task. You are surrounded by new customs, new people, possibly a new language, and paperwork. Finding help for questions as well as a welcoming place during this transitional time can make all the difference in a person’s life. As a recent article illustrates, libraries can be the place that helps newcomers to find information, services, and small comforts, as well as new acquaintances.

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Immigrating to a new country is a daunting and complicated task. You are surrounded by new customs, new people, possibly a new language, and paperwork.  Finding help for questions as well as a welcoming place during this transitional time can make all the difference in a person’s life. As a recent article illustrates, libraries can be the place that helps newcomers to find information, services, and small comforts, as well as new acquaintances.

Simcoe County in Ontario launched a new program this year called Library Link, which “establishes community libraries as welcoming hubs in Simcoe County to help immigrants feel at home, access materials in different languages, and find local community information and referral support.”[1] As Simcoe.com pointed out, the library can also be a place for people to connect to each other and form new relationships, which provides added value to the services helping with learning languages and adjusting to a new life. [2]

Many libraries are working to help immigrants in their areas. San Francisco Public Library has a page of Citizenship Resources and is offering a free citizenship workshop in late February. Chicago Public Library has a page called Becoming a Citizen filled with resources, as well as specific locations that are Citizenship Corners. New York Public Library has English language classes, financial programs, and other resources for immigrants.

Pikes Peak Library District (PPLD), Colorado Springs, also has an Adult Literacy department that works with adult learners, including immigrants. I spoke with the manager, Teona Shainidze-Krebs, about the different services that are offered, which include English classes, tutoring, conversation groups, and a more recent addition of Path to Citizenship groups, which help to prepare patrons for the US naturalization test and are possible through a partnership with our local Catholic Charities Immigration Services.[3]

PPLD also provides English classes at a school in an area with a high immigrant population, a partnership with the school district that has afforded access to this service for even more people. Shainidze-Krebs said, “I think the most important thing is that we can help parents, and then the kids see what their parents are doing and it helps them. At the school where we offer ESL classes, the assistant principal told me that she could see a direct correlation between students whose parents were in the ESL classes and the students’ test scores.”[4]

One of my especially meaningful library memories was the day in 2015 when the library where I work hosted a naturalization ceremony with the United States Citizenship and Immigration Services. The people in attendance were all dressed up, and you could see the excitement and anticipation on their faces. Hearing stories about a student who came to learn English and then was able to start her own business, and others who have moved from the ESL classes to now working on getting their GEDs and being able to get better jobs warms my heart.[5] A library can make such an impact on its community, and providing services for immigrants is just one more way to provide support.


References:

[1]County of Simcoe launches Library Link pilot project,” County of Simcoe press release, January 5, 2016.

[2] Jenni Dunning. “Libraries key to Simcoe County immigrants’ success,” Simcoe.com, January 23, 2016.

[3] Teona Shainidze-Krebs, interview by Becca Cruz. February 18, 2016.

[4] Ibid.

[5] Ibid.

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The Library and Michigan Senate Bill 571 https://publiclibrariesonline.org/2016/02/the-library-and-michigan-senate-bill-571/?utm_source=rss&utm_medium=rss&utm_campaign=the-library-and-michigan-senate-bill-571 https://publiclibrariesonline.org/2016/02/the-library-and-michigan-senate-bill-571/#comments Tue, 23 Feb 2016 21:38:56 +0000 http://publiclibrariesonline.org/?p=8120 In Michigan, if a reference librarian performs their duty of providing a patron with information, it could now be viewed as a criminal act.

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Update: The bill referred to in this article is currently on hold via a federal court injunction. Read more here. (Editor, February 24, 2016).

I live in Michigan, the only state where it is illegal for libraries, schools, or any municipality to share vital voting information with their patrons sixty days before an election. If a reference librarian performs their duty of providing a patron with information, it could now be viewed as a criminal act. Senate Bill 571 was passed by legislators that did not consider the weight of its terms.

Governor Rick Snyder’s stated intent was to disallow municipalities to spend taxpayer money on political propaganda, stop officials from sharing their personal opinions with others, and prevent the use of public facilities as debating centers.[1] Many people, though, including legislators, are confused about what the bill actually entails. Although Senator Margaret O’Brien and Republican Representatives David Maturen and Brant Iden all voted “yes” on Bill 571, Maturen told the Kalamazoo Gazette,”For something this big and with these kinds of ramifications, I think we need to discuss it more, I really do.”[2] It is frightening to think that our lawmakers are voting on bills without understanding the ramifications that it will have on its taxpayers. In addition to the bill being a “last-minute vote,” it also gave lawmakers little time to review the bill which grew from fourteen pages to fifty-three. [3]

Now, Governor Snyder has requested that legislators clarify the diction of Senate Bill 571 in time for the March 2016 election. But even after the language in the bill has been explained, I am sure it will still embody a clear infringement on not just our vocational obligations as librarians, but also our First Amendment rights. Patrons go to the library to obtain information, and with the passing of this bill, the law will prohibit librarians from performing one of their most important vocational duties: providing our community with information.

I contacted our local branch of League of Women Voters to see if they have any plans on publishing candidate information before the sixty-day window so that we can make it available to patrons, and they informed me that it would be accessible about the time absentee ballots go out to voters. If I give the “League of Women Voters” publication to a requesting patron 59 days before the election, though, my library could be fined $20,000. In my experience working the reference desk, many patrons will inquire about the candidates a few days before an election occurs.  Is it not their right to know for whom they are voting and the candidates’ principles? How can an uninformed person exercise their right to vote?

We must fight and protect our vocation and what it represents. It is our job as librarians and information professionals to provide our communities with reliable and unbiased information. We cannot allow our government to enact an aimless means of voting in complete darkness. Update: The bill referred to in this article is currently on hold via a federal court injunction. Read more here. (Editor, February 24, 2016).

References:

[1] Christopher A. Wigent. “Senate Bill 571 censors factual election information,” The Detroit News, December 23, 2015.

[2] Julie Mack. “Kalamazoo County GOP lawmakers rethink votes on ‘gag order’ election bill,” M Live, January 5, 2016.

[3] Lisa Peet. “Bill in MI would limit info to voters; Librarians protest,” Library Journal, January 12, 2016.

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More Access to the Law, But at What Cost? https://publiclibrariesonline.org/2016/01/more-access-to-the-law-but-at-what-cost/?utm_source=rss&utm_medium=rss&utm_campaign=more-access-to-the-law-but-at-what-cost https://publiclibrariesonline.org/2016/01/more-access-to-the-law-but-at-what-cost/#respond Thu, 28 Jan 2016 19:29:24 +0000 http://publiclibrariesonline.org/?p=7938 Harvard Law School has had about two months to work on its newest project, Free the Law. When I read about it in The New York Times, I was of two minds. The book lover in me shed imaginary tears as I read that the spines of nearly all the tomes in the collection were being sliced off to digitize the pages. Yet the former electronic content manager in me cheered at the access that this will grant myriad customers.

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Harvard Law School has had about two months to work on its newest project, Free the Law. When I read about it in The New York Times, I was of two minds. The book lover in me shed imaginary tears as I read that the spines of nearly all the tomes in the collection were being sliced off to digitize the pages. Yet the former electronic content manager in me cheered at the access that this will grant myriad customers.

With something in the neighborhood of 40 million pages of legal decisions dating back to the Colonial period, the Harvard Law Library is rivaled only by the Library of Congress in its scope. While most of the cases contained therein are also public domain, they are also either accessible only in hard-copy or by paying for a digital copy. Harvard’s Free the Law project aims to make all 40 million pages of its library available for free on the internet.

The possibility of such access is in keeping with the spirit of the law. The law is defined as a set of rules and regulations established in a community and applicable to its people. It is meant to help bring order to the community without doing it harm. When access to the letter of the law is no longer free, this contravenes the law itself. Yet, the access this project creates may cost more than those working on it intend. In partnership with legal startup Ravel Law, Harvard wishes to have the project done in just two years, at the cost of its physical library. There will also be other hiccups this unfettered access will create.

Sacrifices to Scanners

For eight years, I worked as an electronic content manager and records analyst for the planning and development arm of a mid-sized municipality. My main duties were to digitize records and conduct research. My colleagues and I digitized everything from permits for homes to large-scale commercial planning projects.

There were days, however, where we worked on historical projects like Free the Law, scanning historical documents for research for other departments in the organization. This is why I shed imaginary tears for Harvard Law’s physical library. No matter the precautions you take when disassembling a book, the older it is, the more likely it will not survive the scanning process. The article in The N.Y. Times admits that all but the rarest books are being digitized, and spines are being reattached by Harvard’s book surgeons, their archivists.

Yet not all the tomes will make it. High-speed scanners are notorious for what I like to call “eating pages.”  Every day I scanned, even the hardiest of documents would shred through the wheels of my equipment.

Too Much Information

Because of my experiences with high-speed document scanners, I may be thinking a tad overdramatically regarding the losses of Harvard Law’s case library. As a content manager, the potential access certainly outweighs the possibility of a few hundred shredded book pages.

Having access to records like Harvard’s law library can assist in crime mapping on more than one level. Once digitized and indexed, scholars, lawyers, and researchers will be able to search the databases for an endless amount of terms, including locations. This will allow for crime analysis on a much grander scale than Ravel Law already allows with its own search visualization tool.

The case law database will also give the public and those with non-legal backgrounds the ability to search United States case law. Without a legal background, Free the Law might turn into a case of too much information.

Users who do not have training in either legal or database research may be overwhelmed by the technical aspects of using the resource. According to Harvard Law and Ravel, research on the database will involve search strings, and knowing Boolean modifiers and advanced search operators may come in handy.

The database will also be so comprehensive that it will include case law that has likely outlived their relevance. Cases are typically only helpful in setting precedent for around twenty years. After they are settled, their value depreciates about 85 percent during those twenty years.

Providing access to case law as old as 200 or 300 years old may end up muddying the legal waters rather than clearing them.

A Little Education

In order for Free the Law to be truly free, Harvard Law and Ravel will need to begin educating potential users on a variety of topics. The public, who may be curious about case law in a particular state, will need to learn legal terms such as abeyance and privileged will.

Since Free the Law is meant for the layperson as well as the legal professional, terms such as these, which pertain to everyday things like businesses and wills, must be understandable at the start. To do the research, users will also have to learn advanced electronic research techniques. Because the books will no longer be accessible, flipping pages for a glossary or an index will no longer be so simple.

Without this kind of preparation, I fear that the work going into Free the Law will go to waste. Otherwise, the law will continue to be accessed only by the privileged few.


Sources:

Harvard Law School launches ‘Free the Law’ project with Ravel Law to digitize US case law, provide free access.Harvard Law Today, October 29, 2015.

Echholm, Erik. “Harvard Law Library Readies Trove of Decisions for Digital Age.The New York Times, October 28, 2015.

Sheppard, Brian. “Why Digitizing Harvard’s Law Library May Not Improve Access to Justice.Bloomberg BNA, November 12, 2015.


Resources:

Ravel Law

Searching with a Search Engine

Crime Mapping, Demographics of Illegal Activity

Legal Terms and Meanings

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3D Printing: New Horizons https://publiclibrariesonline.org/2014/11/3d-printing-new-horizons/?utm_source=rss&utm_medium=rss&utm_campaign=3d-printing-new-horizons https://publiclibrariesonline.org/2014/11/3d-printing-new-horizons/#respond Fri, 14 Nov 2014 22:00:57 +0000 http://publiclibrariesonline.org/?p=5018 3D printing has opened up a whole new world, and a whole new can of worms.

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When adding 3D printing to libraries, a number of considerations come up, several of which involve legal issues. To assist with developing best practices and policies, the American Library Association has begun releasing tip sheets on the topic. The debut post is called, “Progress in the Making: An Introduction to 3D Printing and Public Policy.”

With so many possibilities for 3D printing, the excitement is quickly building. New businesses are opening and creating innovative new products that are changing lives in ways that wouldn’t have been possible a few years ago. Just as libraries have always been about providing access to new information and resources, they continue this mission by providing this new technology. The variety of filaments that can be used in these machines is growing, but currently the most commonly used are plastic, usually PLA (poly lactic acid) or ABS (Acrylonitrile Butadiene Styrene). However, some printers have been created that can print with food or cellular material.[i]

One of the larger considerations for 3D printing involves intellectual property. This concept is nothing new for libraries, and copyright is something we have had to think about for years, posting signs by our copiers and music collections. However, with creation of content and objects, we must begin to think beyond copyright, and move into the world of patents and trade secrets.[ii]

Further legal considerations involve liability. The tip sheet mentions liability that stems from the actual products that are created using the 3D printer.[iii] Beyond that, libraries will also want to mull over any liability issues from having the machines themselves and the possible dangers that can arise simply from machines whose parts can heat to over 200 degrees.

Then you have intellectual freedom. Libraries are champions of providing information and access to everyone. However, when possible public safety issues, like with 3D printed weaponry, where do our responsibilities lie? The ALA tip sheet also discusses the use of this technology as a way to create pharmaceuticals, and how that same use could spread to illegal drug production.[iv]

These legal matters can be intimidating. The great part is that many libraries have begun this journey and have started thinking about these issues. Warning notices regarding copyright have been created, such as the one at the University of Wisconsin-Milwaukee (available via the link). User agreements and liability waivers have been written with the assistance of legal counsel, like the one from the  Fayetteville Free Library.

Overall, can 3D printing present some daunting issues? Yes. However, the wonderful implications of this technology far outweigh the effort of overcoming the obstacles. 3D printers aren’t the first new product libraries have offered, nor will they be the last. Here’s to being brave new librarians!

Works Cited

[i] United For Libraries, Public Library Association, and ALA’s Office of Info Tech Policy. “American Library Association.” Progress in the Making: An Introduction to 3D Printing and Public Policy. September 2014. (accessed October 13, 2014).

[ii]Ibid.

[iii] Ibid.

[iv] Ibid.

Cover Image CreditChris McKenna

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