Legal Research in Non-Law Libraries

Richard LeiterDirector and Professor of Law

Schmid Law LibraryUniversity of Nebraska College of Law

NCompass Live – April 6, 2011

Unauthorized Practice of Law

• Libraries should provide research assistance (reference), not perform research for patrons. Performing research can lead you into murky waters that may have legal consequences.

• Good resource on the distinction between reference assistance and performing research can be found at the American Association of Law Libraries, State, Court and County Law Libraries Special Interest Section (AALL SCCLL-SIS):

• http://www.aallnet.org/sis/sccll/toolkit/unauthorized_practice.htm

Basic Rules of the Reference Interview

• We know how to find the law, we don’t interpret or apply it

• We assist people to find the materials they need to research their questions

We Do Not:

• Do legal research for patrons

• Interpret information

• Read materials over the phone

• Select forms

• Choose language for forms

• Provide assistance in filling out forms

• Provide advice on legal actions

Basic Challenges of Legal Bibliography

• Is the material “authentic”?

• Is it current?

Basic Research Tips

Case v Case

• Appellate decisions contains discussions of law

• Trials only decide questions of fact

Appellate Decisions

• Case reporters

• Digests

• Citators

Trial Court Cases

• Court records

• News resources

Secondary Materials

• Secondary Materials Reign Supreme

• Nebraska Practice “Series”

• Nebraska Legal Secretary’s Handbook

• Nolo Press materials

• Encyclopedias, national form books & practice guides

Forms

• Rarely are forms, actual forms with check boxes and blanks to fill in

• Text documents written with stylistic and legally required elements - used for dictation

• “Form books” contain suggested formats of documents

Further Information

• Reference desk at the Schmid Law Library: (402) 472-3548

• Look for seminars offered by the Schmid Law Librarians, “Legal Research for Non-Law Librarians”