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Most law library information requests fall into one of three categories: 

  • Reference
  • Research
  • Referral

Referrals are the most frequent things a law librarian does. I refer a lot of patrons to attorneys, law school clinics, legal aid organizations, or other state agencies. Why? Because what many patrons actually need is not legal information but legal representation.

Law librarians have to be careful in the way they answer questions and offer assistance. Depending on the question at hand and the needs of the patron who raised it, a librarian’s recommendation can creep into the unauthorized practice of law, or UPL, which means practicing law without being a licensed attorney. This is illegal in every state. To avoid this situation, law libraries need to have clearly articulated reference policies. (Here, for example, is mine.) 

In many instances, of course, it is perfectly possible to avoid UPL by providing reference or research assistance. 

Reference requests are narrow questions with specific answers. Usually, those answers can be found in a matter of minutes. 

Research questions are more in-depth — an hour or two, maybe more — and give librarians an opportunity to teach the patron how to identify and use information sources. 

In each category, requests can be further divided into six types: statute, regulation, case law, subject, procedure, or location. (Click the links to read definitions of those terms from Cornell University’s Legal Information Institute.) 

 

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Here are some examples:

Reference

STATUTE: Has H.R. 274 been signed into law?

REGULATION: I need the current New Jersey Standards for Licensure of Long-Term Care Facilities.

CASE LAW: Where can I get the text of Roe v. Wade?

SUBJECT: What does the term “pendente lite” mean?

PROCEDURE: What is Rule 4.2 of NJ Civil Procedure?

LOCATION: Where can I find the laws of New York State?

Research

STATUTE: Is there a law against owning elephants?

REGULATION: What are the legal requirements for transporting formaldehyde?

CASE LAW: I need to locate cases on age discrimination.

SUBJECT: What major federal legislation is pending concerning the environment?

PROCEDURE: What are the basic procedures for suing in small claims court?

LOCATION: What legal sources are available on the internet?

What brings many patrons to a law library, attorney and non-attorney, is the need to take action — for instance, responding to a complaint or administrative notice. The best way to help those patrons is to stay focused on that action. 

 


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Some questions to ask:

Type of Information

  • Do you have specific citations or a general subject?
  • What is the original source of your question?
  • What is the purpose of this research?
  • What do you already know about this topic?

Quantity of Information

  • Do you need a document summary or the full text?
  • Do you need plain language or professional legal texts?
  • What is the deadline for this research?

Legal Details

  • Do you need laws, regulations, cases, procedures, news, or history?
  • What jurisdiction do you need: federal, state, local, or international?
  •  Do you need the law as it was passed or as it stands today?

If the research is being driven by a particular document — legislative bill, court order, newspaper article — ask to see it. You might find clues to guide the research, such as a bill sponsor, case or statute citation, or other reference. 

Some patrons, especially pro se litigants, may give you incomplete information, such as a partial citation or a statute’s common name (e.g., ERISA, Megan’s Law, the Patriot Act). In those instances, ask for the context of the question. This will enable you to recommend more resources. 

For instance, someone who asks for “Title IX” means the Education Amendments of 1972, which means they are likely researching sex discrimination in public schools. You can then offer them an encyclopedia or treatise on education law. (Note: Different sources use different terms for the same topic — e.g., “children” could appear under “infants,” “minors,” or “parent and child” — so have a legal thesaurus handy. A good one is Burton’s Legal Thesaurus.) 

 

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To patrons who can’t seem to give you any details about their research, suggest that they start with a self-help resource. Nolo offers excellent books on legal topics written for the layperson. 

Another good option is state bar associations, which often publish plain-language materials on legal topics. For example, the North Carolina Bar Association offers free pamphlets discussing the law on home-buying, domestic violence, worker’s compensation, living wills, bankruptcy, auto accidents, and other topics.

Want to know how you can better prepare yourself to answer legal questions? Here are eight tried-and-true methods. Don’t worry if you don’t have a law degree. You merely need to know more than the average patron. 

  1. Read a how-to book on legal research. (Nolo has a fantastic one.) 
  2. Browse the research guides on academic law library websites. (Georgetown has some outstanding ones.) 
  3. Learn legal citation. (Two good primers: Cornell and University of Washington.)
  4. Know which area of government — legislative, judicial, or regulatory — is responsible for what types of legal issues. If you know this, then you know what type of document to help your patron locate: statute, case, or regulation.
  5. Study the US court structure, as well as the one for your state. 
  6. Gain a basic understanding of jurisdiction, civil vs. criminal, and substantive vs. procedural law. 
  7. Locate your state’s Rules of Civil Procedure. Patrons can use them to answer a lot of lawsuit-related questions.
  8. Know where to find your state’s judicial forms. 

 

 

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