Legal Reference Resources for Public Librarians

As a rule, law librarians provide legal information to patrons, rather than legal advice. It is not always clear where the line is between information and advice. In general, you can direct patrons to resources, explain how to use those resources, and refer them to other organizations for assistance. You cannot tell them how to handle their case or what they should do in a particular situation. 

Examples of Legal Information: 

• Finding various court forms without telling a patron which form to use 
• Finding a statute, rule, or ordinance (either by index or exact citation), without interpreting it
• Finding court cases on a particular topic but not applying the court rulings to an individual's personal circumstances 
• Finding court rules for a particular court but not explaining the court process described by rule 
• Providing information to a patron about an organization that might be able to help them 

Examples of Legal Advice: 

• Advising a party about the legal option(s) he or she should pursue 
• Identifying the proper jurisdiction for a party's claim or issue (which court should I file in?)
• Identifying statutes of limitations (how long a party has to sue)
• Explaining what a statute means, or whether it applies to the patron's situation 

There are lots of gray areas here, but there are still plenty of ways you can help someone with a legal question: you can suggest helpful websites, help them find their local legal aid office, suggest titles in your collection, and refer them to a law library. Remember, you can always contact the State Law Library or your local county law library if you aren't sure how to handle a patron's question.

In our positions as librarians, not lawyers, we can suggest resources but cannot give legal advice (such as which form to file) or legal opinions (such as how a statute might apply to particular facts). To do so could be considered the unauthorized practice of law. Even though we try to suggest materials that will be of help, more research is often required to find a complete and correct answer. For many questions, the best answer may be to consult an attorney.