The Rules of Law

Librarians are used to being generalists, able to research all kinds of questions. But when someone seeks help filling out a form or understanding their rights, those same staffers may be wary of crossing the line from legal reference to unauthorized practice of law. Moreover, public library collections often have few legal resources for patrons.

Within these limitations, though, library workers can develop their legal reference skills and provide appropriate referrals. The American Association of Law Libraries’ (AALL) 2014 report Law Libraries and Access to Justice offers tips for how to do this. In the decade since this report was released, demand for services has remained high, with many low-income Americans unable to get adequate help for their civil legal problems. Here are some takeaways from the report—and my 40 years in law librarianship—that are still relevant in bridging the justice gap.

Write, publicize, and enforce a legal reference services policy. A policy will promote consistent services and enable librarians to diplomatically set limits with patrons. Most importantly, it must clearly state what librarians may and may not do. The policy should be approved and supported at the highest level of library administration, and copies should be available online and at the reference desk. Law Librarians of New England, a chapter of AALL, has suggestions for writing one. The excellent policy at Pikes Peak Library District in Colorado, for instance, notes that librarians may demonstrate, teach, locate, and refer, but they may not interpret, advise, or make specific recommendations.

Educate staff on legal reference, legal research, and what constitutes the unauthorized practice of law. Classes and training are offered by a variety of groups, including AALL and its chapters, the American Library Association (ALA), the Public Library Initiative (a partnership of Legal Services Corporation and OCLC), state library associations, and WebJunction. For example, ALA will offer the four-week online course “The Accidental Law Librarian: Legal Reference for Public Service Librarians” starting April 6.

Develop a legal collection. AALL publishes recommendations on core legal collections for public libraries in state, federal, and general law, as well as state-specific toolkits. Also consider a law dictionary, an annotated statutory code, and subject treatises in areas where patrons have frequent questions, such as landlord-tenant issues, wills, and adoption. Some publishers, such as Nolo, offer affordable self-help legal materials. Many academic law libraries post LibGuides that focus on legal research within their state. If your library doesn’t have available funds, try asking your Friends group to raise money for these purchases. Your website should also point to relevant online resources.

The goal of a legal reference interview is to identify resources—not to find the answer.

Maintain referral lists. A referral is not a failure in service. Create a resource bank of contacts for patrons who need additional help with their questions, including public law libraries, government agencies, bar associations, legal aid providers and legal clinics, and self-help centers.

Develop a Lawyer in the Library program. In these programs, volunteer lawyers meet with patrons in person or virtually for a brief consultation. Libraries interested in hosting ongoing legal clinics (“Meeting Legal Needs,” AL, May 2020) should look to their local bar associations or legal aid organizations.

Use a reference request form. A form will encourage patrons to ask coherent, organized questions. At a minimum, forms should ask for contact information, reasons for research, a time frame (for example, a court date or deadline to submit), and resources or individuals already consulted. Encourage patrons to fill these out before their interview. Keep in mind: A legal reference interview is not a standard reference interview. The goal is to identify resources for the patron to consult, not to find the answer. Statutes in all states and librarian ethics codes prohibit the unauthorized practice of law. No librarian—not even a law librarian who is licensed to practice law in the state—may provide answers or advice, or select or complete forms on behalf of the patron.

Don’t reinvent the wheel. Contact libraries that have developed legal collections, programs, and training. Ask them what worked and what didn’t.