1. Legal Reference for Public Libraries Anne Arundel County Public Library September 30, 2016
Joan Bellistri
Library Director
Anne Arundel County Public Law Library
Catherine McGuire
Head of Reference and Outreach
Maryland State Law Library
(main ref)

2. Agenda What can we say? (information vs. advice) Starting out
Secondary and overview sources
Reference interview tips
Choosing a source
Making progress
What is law?
Primary sources of law
Understanding vocabulary, citation formats, and forms in Maryland
Tying it up
Referrals
Lawyers
Law libraries
Legal Reference for Public Libraries
September 2016

3. Information vs. Advice What is the difference? Why does it matter?
Giving advice is telling another person what they should do; it keeps the decision-making in OUR hands
Giving information lets the person know what possibilities are out there; it puts the decision-making in THEIR hands
Why does it matter?
Advice requires careful analysis of the law as it applies to a person’s specific situation
Advice may affect the rights and responsibilities of the patron
Legal Reference for Public Libraries
September 2016

4. Information vs. Advice What librarians can do
Help…you find information that will help you read about and better understand your legal problem and options
Demonstrate…how to use those information sources
Educate…you about alternative locations for information or assistance
Suggest…that you visit a court library, where a broader range of resources may be available
Direct…you to legal professionals or legal services providers who are equipped to offer interpretation and advice
Legal Reference for Public Libraries
September 2016

5. Information vs. Advice What librarians can’t do
Tell you what a law means
Tell you what choice to make between two or more options
Give you an opinion about your situation or whether you should do something
Tell you what the outcome of your court date might be
Tell you if a court decision is relevant to your case
Tell you what to write in a form or document
Tell you which lawyer to go to
Legal Reference for Public Libraries
September 2016

6. Part I: Starting Out Best starting places Reference interview tips
Evaluating online materials about law
Legal Reference for Public Libraries
September 2016

7. STARTING OUT Best Starting Places
Why start with secondary sources?
Overview, analysis, discussion of area of law
Sometimes there is no definitive law
Legal Reference for Public Libraries
September 2016

8. STARTING OUT Maryland Public Library Toolkit
Legal Reference for Public Libraries
September 2016

9. STARTING OUT Maryland People’s Law Library
Legal Reference for Public Libraries
September 2016

10. STARTING OUT Maryland People’s Law Library{
Connect with a person
Legal Reference for Public Libraries
September 2016

11. Understand the law: procedure
STARTING OUT Maryland People’s Law Library
Legal Reference for Public Libraries
September 2016

12. Understand the law: by topic
STARTING OUT Maryland People’s Law Library
Understand the law: by topic
Legal Reference for Public Libraries
September 2016

13. STARTING OUT Beyond the PLL
Maryland Judiciary web-based materials
Texts and treatises
Self-help materials
Legal Reference for Public Libraries
September 2016

14. Maryland Judiciary Materials mdcourts.gov
Learn About links
Maryland Law Help app
Publications
Legal Help:
Court Self-Help Centers
Self-Help videos
Legal Reference for Public Libraries
September 2016

15. STARTING OUT Treatises (Texts)
Search a law library catalog for texts with your terms
Check the catalogs of the nearest public law library
The directory contains links to catalogs, where a library has one available
Legal Reference for Public Libraries
September 2016

16. STARTING OUT Self-Help Texts
Nolo.com
Sphinx Publishers
and many more…
Legal Reference for Public Libraries
September 2016

17. STARTING OUT Legal Reference Interview
Similar to a standard reference interview:
Listen well
Keep an open mind
Ask questions to get more information
Different because:
You are providing a response, not an answer
Offer resources
Demonstrate how to use them
Remember to:
Start with what you CAN do, not with what you CAN’T
Legal Reference for Public Libraries
September 2016

18. Rephrasing the question
Question: Is it legal for me to leave my daughter at home alone? She’s seven.
Rephrase: Does the law say anything about the age a child can be left alone?
Question: My ex-wife won’t let me see our son, and she wants to move with him to California. How do I stop her?
Rephrase: I need information about custody and visitation rights.
Question: I want to file a small claims case. I live in Maryland, but the company I’m suing is in Virginia. Where do I file?
Rephrase: I’d like information on filing a small claims case for Maryland and for Virginia.
Question: I recently ended a lease and my landlord gave back my security deposit. Now he says there’s damage and I need to pay him back some of the deposit. Can he do that?
Rephrase: What does the law say about security deposit returns?
Legal Reference for Public Libraries
September 2016

19. Reference Interview Things to find out
What are they asking for?
Services – assistance in dealing with law or government
Legal assistance – needs someone who can provide interpretive guidance
Information – discussion about the law or area of interest
Law itself – text of a statute, regulation, case
Put the question in context:
Is it most likely federal, state, or local?
Is it most likely a court matter, a legislative matter, or a government agency matter?
If it’s a court case -
Civil or criminal?
What court are they in?
Has the case started already?
Legal Resources for Public Library Reference
Maryland State Law Library, August 2016

20. STARTING OUT Evaluating Legal Information on the Web
Authority​ Who is responsible for the content?​
Objectivity​ Is there a bias present that could impact the reliability?​
Accuracy​ Does the source provide citations so you can verify the information?​
Coverage​ Does the source include the appropriate timeframe for your need?​
Timeliness​ When was the information written? When was it last updated or reviewed?
Legal Reference for Public Libraries
September 2016

21. Part II: Making Progress
Understanding what law is
Primary sources of law
Understanding the vocabulary and citation formats
Finding “forms” in Maryland
Legal Reference for Public Libraries
September 2016

22. MAKING PROGRESS What is law?
Law is… Language passed by government bodies that holds force over all parties in a particular jurisdiction Law comes in many formats and from multiple sources
Legal Reference for Public Libraries
September 2016

23. Sources of law Constitution Statutes Codes Cases Regulations Rules
Primary Sources
LAW
Hold force of Law
Created by government body
Basis for legal arguments
Cited in legal filings
Secondary Sources
Describe, analyze, discuss
Used to help understand meaning or application
Rarely cited in a legal filing
Constitution
Statutes
Codes
Cases
Regulations
Rules
Legal encyclopedias
Treatises
Textbooks
Law journals
Web sites
Databases
Legal Reference for Public Libraries
September 2016

24. MAKING PROGRESS Putting law in context Government law-making bodies
Federal
State
Local
Executive
Regulations
Legislature
Statutes
Judiciary
Cases, Rules
Also: Community By-Laws
Constitution
Legal Reference for Public Libraries
September 2016

25. MAKING PROGRESS Three branches and the law they make
LEGISLATURE
Congress General Assembly County Council
Statutory Law
Statutes (aka Acts, Session Laws, Ordinances)
EXECUTIVE
President Governor executive agencies
Regulatory Law Administrative Law
Regulations
Executive Orders
JUDICIARY
Courts (appellate, trial)
Case Law
Cases, aka opinions
Rules of Procedure
CONSTITUTION
Maryland Reports
Maryland Appellate Reports
Maryland Rules
Maryland Code
COMAR
Legal Reference for Public Libraries
September 2016

26. MAKING PROGRESS Maryland Courts: the “need to know”
Maryland has two trial courts and two appellate courts
District Court
Circuit Court
Court of Special Appeals
Court of Appeals
Other State courts and judicial entities:
Orphans’ Court
Office of Administrative Hearings and other state agencies with adjudicatory powers (example: MVA)
Federal Courts
District, Appellate, Supreme, Bankruptcy, and specialized courts
For more detailed information about the Maryland court system, see:
For more detailed information about the Federal court system, see:
Legal Reference for Public Libraries
September 2016

27. MAKING PROGRESS The importance of vocabulary
Best online source dictionaries: General:
Jurisdiction-specific:
Legal Reference for Public Libraries
September 2016

28. MAKING PROGRESS Recognizing citation formats
Common Maryland legal citations
A comprehensive citation manual:
Ann. Code Md., Est. & Trusts § 2-102
Md Code, Family Law § 1-201
214 Md. 160
Md. Rule 4-103
Legal Reference for Public Libraries
September 2016

29. SOURCES OF LAW Maryland Law
Legal Reference for Public Libraries
September 2016

30. Fee-based from Lexis, Westlaw
SOURCES OF LAW Maryland Code & Rules
In print:
Lexis (Michie)
West
Online:
Free via MSLL website
Fee-based from Lexis, Westlaw
Legal Reference for Public Libraries
September 2016

31. SOURCES OF LAW Maryland Code & Rules via the Web
Effective Date
Text
History
Currentness
Legal Reference for Public Libraries
September 2016

32. SOURCES OF LAW Maryland Regulations (COMAR)
or via the
MSLL Gateway page
Legal Reference for Public Libraries
September 2016

33. scholar.google.com SOURCES OF LAW Case Law
Legal Reference for Public Libraries
September 2016

34. Forms The business of law is transacted by forms
Almost every legal action starts with a form:
File a complaint
Make a motion
File for divorce
Request an appeal
Make a contract
Transfer property
Form a corporation
Legal Reference for Public Libraries
September 2016

35. What to know about forms
Many actions in Maryland courts do not have standard fill-in forms
Formatting is guided by the Maryland Rules
Forms are available for:
District Court: most actions
Circuit Court: family law matters (divorce, child support) and guardianship
Forms Finder on mdcourts.gov
Specific formatting is available for:
Power of Attorney: by statute, Md Code, Estates & Trusts, Title 17
Forms books, of all kinds, are found in law libraries
For available official forms, see mdcourts.gov website
Legal Reference for Public Libraries
September 2016

36. Not filed with the Court
Types of Forms
Standardized
Unrestricted
Filed with the Court
Not filed with the Court
Some forms are standardized by the courts or by statute
Some are more unrestricted or fluid – flexible to accommodate many possibilities
Some forms are filed with a court
Some are not
Legal Reference for Public Libraries
September 2016

37. Most District Court Forms
Standardized Forms
Filed in Court
Most District Court Forms
Most Family Law Forms
Bankruptcy
Not Filed in Court
Power of Attorney
Legal Reference for Public Libraries
September 2016

38. Wills Unrestricted Forms Motions Leases Contracts Complex Complaints
Filed in Court
Motions
Complex Complaints
Not Filed in Court
Wills
Contracts
Leases
Legal Reference for Public Libraries
September 2016

39. Finding Forms
Start with the Judiciary’s website, mdcourts.gov/courtforms
Look for forms books
General (very large set) – most likely in law libraries
Specific to your jurisdiction (i.e., Maryland) – most likely in law libraries
By type of law (civil / criminal) or subject (like Family) – these may be found as part of topical law texts or self-help books
Legal Reference for Public Libraries
September 2016

40. Part III: Tying It Up Referrals Lawyers Law libraries Resource list
Legal Reference for Public Libraries
September 2016

41. Referrals Why use a referral rather than trying to find an answer?
Link the person with a need to the resource that best fills that need
What sort of referrals are there?
Government agencies
Social services
Law libraries
Legal clinics
Self-help centers
Lawyers
Legal Reference for Public Libraries
September 2016

42. Referrals Why should someone talk to a lawyer?
Ability to analyze legal situations for possibilities
Ability to identify options, if more than one, and offer an opinion as to the merits of each
Experience with the issues at hand
Finding a lawyer:
Local bar association’s Lawyer Referral Service
For a lawyer, generally:
Legal Reference for Public Libraries
September 2016

43. Referrals People’s Law Library
Legal Reference for Public Libraries
September 2016

44. Referrals Law Libraries
Where are they?
All over!
What are their policies?
Most are non-circulating, but if staffed can provide document delivery
Individual policies vary; check with the specific library
What do they have that you don’t?
Wide variety of print materials on State and Federal law
Free access to Westlaw or Lexis, sometimes additional databases
Trained and experienced staff
Understanding of the court system and legal resources of all kinds
How do we use them?
Call them – visit them – them – refer your patrons to them!
Legal Reference for Public Libraries
September 2016

45. Anne Arundel County Public Law Library
Circuit Court for Anne Arundel County Suite Church Circle Annapolis, MD 21401
Phone:
Hours: Monday through Friday  9:00 a.m. to 4:30 p.m.
Maryland State Law Library  361 Rowe Blvd. Annapolis, MD   Phone: | Fax   Hours: M,W,F 8AM - 4:30PM | Tu,Th 8AM - 9PM | Sat 9AM - 4PM 

46. Resources for Anne Arundel County Public Librarians@
Legal Reference for Public Libraries
September 2016