Dept Header
header pics
logo
Departments Menu
 

Anoka County Law Library

GUIDELINES FOR LEGAL REFERENCE SERVICE
(Approved by the Public Services Liaison Committee, M.A.L.L., January 1980)

In General:

  1. The library staff will do its best to respond to all inquiries, from any source or for whatever reason. If we cannot supply the information requested, we will suggest other possible sources.
  2. The staff is asked to use good judgment in deciding how much time and effort can be devoted to any one patron if others are waiting for assistance.
  3. Try to identify the issues involved in a reference inquiry without allowing the patron to provide a detailed account of his/her problem or probing the motive of the patron.
  4. Never give a patron the impression that "this is the law, the entire answer." For any inquiry beyond bare factual information, a warning should be provided.
  5. A LIBRARIAN CAN PROVIDE LEGAL INFORMATION, BUT UNDER NO CIRCUMSTANCES LEGAL ADVICE, THAT WOULD BE UNAUTHORIZED PRACTICE OF LAW, FORBIDDEN BY MINNESOTA STATUTES 481.02.
  6. Remember, the main reason why those not engaged in the practice of law, including librarians, should not practice law is that it would be contrary to the interests of those seeking assistance.
  1. A lawyer has better access to the facts in the case
  2. A lawyer usually has more complete knowledge of the law.
  3. A lawyer is able to research the law at length.
  4. A lawyer understands the practical functioning of the legal system.
  1. For a discussion of the differences between legal advice and legal information, see:
  1. Schanck, Peter C. Unauthorized Practice of Law and the Legal Reference Librarian. 72 Law Library Journal 57 (Winter 1979)
  2. Mills, Robin K. Reference Service vs. Legal Advice: Is It Possible to Draw the Line? 72 Law Library Journal 179 (Spring 1979)

In-House Reference

  1. Reference service to patrons in the library has priority over telephone callers.
  2. Assistance is provided in the location and use of all library materials. Try to avoid using legal or library terminology that would be unknown or confusing to the patron. If possible, accompany the patron to the source and demonstrate its use.
  3. Patrons should not expect the library staff to do their research for them. Avoid explaining or interpreting substantive material as this may be construed as giving legal advice. Instead, attempt to provide alternative sources of information.
  4. When possible, return to the patron and check on his/her progress. Often, a few uninterrupted moments of use in one source will help the person to understand the problem and explain it better. If the patron still has difficulty understanding the material, refer to legal aid or a legal referral service.
  5. Few people are aware that the referral service will recommend a lawyer who will offer counsel on what is involved in the problem and how complex it may be, for a relatively small fee. Point out that many problems can lead to the loss of more money than a lawyer would cost. Agency referrals may also be suggested.

Telephone Reference

(Law Librarians disagree as to the advisability of providing legal reference service over the phone. On the one hand is the desire to provide optimum reference service, efficiently and conveniently, and, on the other side is the increased danger of misunderstanding or neglecting to provide a pertinent piece of information. Caution and increased use of warning is advised.)

  1. The patron in the library receives priority.
  2. Telephone calls should be kept brief. To prevent excessive delays for waiting patrons in the library, take the necessary information and telephone number of the person calling and return the call as soon as it is possible to do so. Giver the caller an approximate time.
  3. The telephone patron should not be permitted to take an excessive amount of staff time to do work which should be performed by the patron. The general rule would be to respond to any inquiry for factual information—a date, name, an address, etc., but should not exceed to searching out a variety of facts from many sources, or to reading extended portions of printed materials over the telephone.
  4. Answers should be provided from written sources only. Inform the patron as to what source(s) you are using, and what it says. DO NOT interpret the language or apply it to any particular case or set of facts.
  5. If the question is too complicated to be handled over the telephone:
  1. Request that the patron come into the library.
  1. If possible, indicate the scope of the problem by stating what resources should be checked and approximately how much time this might take.
  2. Indicate the extent of in-house reference service available, e.g., aid in using resources but no advice.
  1. Refer the patron to an attorney or another agency which may be better able to assist him or her.



Return to top of page

Updated 12/22/00