Law Libraries and Legal Research for Public Librarians An introduction to your local public law library and What Goes On There

Introducing…Law Library Staff Chrystal Seager, Law Library Assistant Chrystal Seager, Law Library Assistant 12-year Hillsboro Public Library Circulation Clerk veteran 12-year Hillsboro Public Library Circulation Clerk veteran University of Washington MLIS ready-to- graduate student University of Washington MLIS ready-to- graduate student Laura Orr, Law Librarian Laura Orr, Law Librarian Holly Gerber, Assistant Law Librarian Holly Gerber, Assistant Law Librarian

Most common legal question? Or, most interesting?

Workshop Objectives Learn about your local public law library’s resources and services Learn about your local public law library’s resources and services Learn about the basic legal research process Learn about the basic legal research process

Washington County Law Library Where we are: downtown Hillsboro Where we are: downtown Hillsboro Our website: Our website: The Oregon Council of County Law Libraries (OCCLL) The Oregon Council of County Law Libraries (OCCLL) Funding through court filing fees Funding through court filing fees Current legislative bills being discussed that affects court filing fee structures and county law library establishing statutes Current legislative bills being discussed that affects court filing fee structures and county law library establishing statutes

Unauthorized Practice of Law It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS to ORS 9.166). They may not interpret statutes, cases and regulations, perform legal research, or advise patrons regarding their legal rights. They may, however, assist patrons in locating materials or links that would aid in individual research. It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS to ORS 9.166). They may not interpret statutes, cases and regulations, perform legal research, or advise patrons regarding their legal rights. They may, however, assist patrons in locating materials or links that would aid in individual research.

Common Misconceptions Law Library employees can give legal advice Law Library employees can give legal advice The fabled Fill in the Blank Form The fabled Fill in the Blank Form “My legal question has a simple, straightforward answer that I can find 10 minutes before my court date.” “My legal question has a simple, straightforward answer that I can find 10 minutes before my court date.”

Washington County Law Library Services We serve attorneys, pro se litigants, and other members of the public with legal questions We serve attorneys, pro se litigants, and other members of the public with legal questions Attorneys: continuing education & research Attorneys: continuing education & research Handling pro se legal reference questions: a delicate act Handling pro se legal reference questions: a delicate act Overview of resources Overview of resources

Washington County Law Library: Selected Resources Continuing Legal Education materials: current and expired Continuing Legal Education materials: current and expired Oregon State Bar deskbooks Oregon State Bar deskbooks Online subscription database research: Westlaw, HeinOnline, and Shepard’s Online Online subscription database research: Westlaw, HeinOnline, and Shepard’s Online Legislative History: Session Laws, House and Senate Journals, Committee Minutes and Exhibits, etc. Legislative History: Session Laws, House and Senate Journals, Committee Minutes and Exhibits, etc.

Washington County Law Library: Selected Resources II Digital Briefs collection Digital Briefs collection Digital Briefs collection Digital Briefs collection Law Library website: Law Library website: Oregon Legal Research blog: Oregon Legal Research blog: Portland Metro Area Legal Services Portland Metro Area Legal Services Portland Metro Area Legal Services Portland Metro Area Legal Services “Biz” resource cards “Biz” resource cards Other library services: copy, fax, conference room, Oregon Notary Public Other library services: copy, fax, conference room, Oregon Notary Public

Examples: Frequently Asked Questions

Family Law “I got served papers for the disillusionment of my marriage. How do I respond? Am I responding to the marriage or custody issues?” “I got served papers for the disillusionment of my marriage. How do I respond? Am I responding to the marriage or custody issues?” Family Law Coordinator's Office Family Law Coordinator's Office Family Law Coordinator's Office Family Law Coordinator's Office Legal Aid Services of Oregon publications Legal Aid Services of Oregon publications Legal Aid Services of Oregon publications Legal Aid Services of Oregon publications St. Andrew Legal Clinic St. Andrew Legal Clinic St. Andrew Legal Clinic St. Andrew Legal Clinic OSB Public Information OSB Public Information OSB Public Information OSB Public Information OSB Deskbooks: Family Law OSB Deskbooks: Family Law

Landlord/Tenant Law “We need to evict our son. What do we have to do and what can we do with his belongings?” “We need to evict our son. What do we have to do and what can we do with his belongings?” Landlord/Tenant Rights in Oregon by Janay Ann Haas Landlord/Tenant Rights in Oregon by Janay Ann Haas Handbook for Oregon Landlords – Stevens-Ness publication Handbook for Oregon Landlords – Stevens-Ness publication Legal Aid Services of Oregon Landlord/Tenant publication and Legal Aid’s Tenant Hotline (biz card) Legal Aid Services of Oregon Landlord/Tenant publication and Legal Aid’s Tenant Hotline (biz card) Legal Aid Services of Oregon Legal Aid Services of Oregon Community Alliance of Tenants: Renter’s Rights Hotline Community Alliance of Tenants: Renter’s Rights Hotline Community Alliance of Tenants Community Alliance of Tenants OSB Public Information OSB Public Information OSB Public Information OSB Public Information Continuing Legal Education materials Continuing Legal Education materials

Oregon Civil Procedure: Going to Court “How can I find motions (preferable for Wash. Co. Circuit Court) for ORCP 21?” “How can I find motions (preferable for Wash. Co. Circuit Court) for ORCP 21?” Oregon Rules of Civil Procedure and other relevant court rules Oregon Rules of Civil Procedure and other relevant court rules Oregon Rules of Civil Procedure Oregon Rules of Civil Procedure OSB deskbooks: Oregon Civil Pleading and Practice; Oregon Civil Litigation Manual OSB deskbooks: Oregon Civil Pleading and Practice; Oregon Civil Litigation Manual Continuing Legal Education publications on civil trial procedure Continuing Legal Education publications on civil trial procedure How to Prepare for Your Civil Trial How to Prepare for Your Civil Trial How to Prepare for Your Civil Trial How to Prepare for Your Civil Trial Lawyer Referral Services Lawyer Referral Services Lawyer Referral Services Lawyer Referral Services

Legislative History “When did ORCP 55(e) come into existence? Was it passed after 1956?” “When did ORCP 55(e) come into existence? Was it passed after 1956?” Legislative History Checklist Legislative History Checklist Legislative History Checklist Legislative History Checklist Oregon Revised Statutes Oregon Revised Statutes Oregon Laws, House & Senate Journals, Committee Minutes and Exhibits Oregon Laws, House & Senate Journals, Committee Minutes and Exhibits Oregon Secretary of State Archives Division – legislative records Oregon Secretary of State Archives Division – legislative records Oregon Secretary of State Archives Division Oregon Secretary of State Archives Division Oregon State Legislature – search for bills and laws Oregon State Legislature – search for bills and laws Oregon State Legislature Oregon State Legislature

Brief Overview of Legal Research Resources and Process

Legal Resources: Primary Materials Produced by one of the three (or four!) branches of government Produced by one of the three (or four!) branches of government Legislative: statutes, ordinances Legislative: statutes, ordinances Judicial: cases/opinions (reporters) Judicial: cases/opinions (reporters) Executive: constitutions (ORS ch. 17) Executive: constitutions (ORS ch. 17) Administrative: rules and orders Administrative: rules and orders

Legal Resources: Secondary Materials Two major publishers: Thomson-Reuters (Westlaw and West Publishing), Reed- Elsevier (LexisNexis/Matthew Bender) Two major publishers: Thomson-Reuters (Westlaw and West Publishing), Reed- Elsevier (LexisNexis/Matthew Bender) Treatises and practice books Treatises and practice books Legal encyclopedias Legal encyclopedias Law reviews and journals Law reviews and journals Digests and annotated materials (finding tools) Digests and annotated materials (finding tools)

Updating Materials Citators (Shepard’s, KeyCite) Citators (Shepard’s, KeyCite) Pocket Parts (print only) Pocket Parts (print only) Good law, bad law Good law, bad law

Legal Research Process Generate a list of search terms Generate a list of search terms Check secondary sources and practice aids Check secondary sources and practice aids Find the relevant constitutional provisions, statutes, or administrative rules Find the relevant constitutional provisions, statutes, or administrative rules Find related cases using case digests or online databases Find related cases using case digests or online databases Read the cases Read the cases Update with pocket parts and/or a citator like Shepard's Update with pocket parts and/or a citator like Shepard's Stop researching when there are no gaps left in your research and you begin to retrieve repeated results Stop researching when there are no gaps left in your research and you begin to retrieve repeated results (Oregon Legal Research 2d, Suzanne Rowe)

Research Strategies and Organization Strategy formulation: depends on research goals Strategy formulation: depends on research goals Process trail: documenting and organizing Process trail: documenting and organizing

Mandatory vs. Persuasive Authority Mandatory: must be followed by courts (binding). Occurs within one’s jurisdiction. Mandatory: must be followed by courts (binding). Occurs within one’s jurisdiction. Persuasive: relevant but not binding. Occurs within similar or nearby jurisdictions. Persuasive: relevant but not binding. Occurs within similar or nearby jurisdictions.

Wrap-up Questions? Questions? Workshop evaluations Workshop evaluations Suggestions? Legal reference questions? Let us know…Chrystal, Holly, Laura Suggestions? Legal reference questions? Let us know…Chrystal, Holly, Laura , phone…or visit! We love to hear from our local public reference librarians. , phone…or visit! We love to hear from our local public reference librarians. Thanks for listening! Thanks for listening!