Law Libraries and Legal Research for Public Librarians

1. Law Libraries and Legal Research for Public Librarians An introduction to your local public law library and What Goes On There

2. Introducing…Law Library Staff • Chrystal Seager, Law Library Assistant • 12-year Hillsboro Public Library Circulation Clerk veteran • University of Washington MLIS ready-to-graduate student • Laura Orr, Law Librarian • Holly Gerber, Assistant Law Librarian

3. Most common legal question? Or, most interesting?

4. Workshop Objectives • Learn about your local public law library’s resources and services • Learn about the basic legal research process

5. Washington County Law Library • Where we are: downtown Hillsboro • Our website: http://www.co.washington.or.us/LawLibrary/ • The Oregon Council of County Law Libraries (OCCLL) http://occll.org/ • Funding through court filing fees • Current legislative bills being discussed that affects court filing fee structures and county law library establishing statutes

6. Unauthorized Practice of Law • It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS 9.160 to ORS 9.166). They may not interpret statutes, cases and regulations, perform legal research, or advise patrons regarding their legal rights. They may, however, assist patrons in locating materials or links that would aid in individual research.

7. Common Misconceptions • Law Library employees can give legal advice • The fabled Fill in the Blank Form • “My legal question has a simple, straightforward answer that I can find 10 minutes before my court date.”

8. Washington County Law Library Services • We serve attorneys, pro se litigants, and other members of the public with legal questions • Attorneys: continuing education & research • Handling pro se legal reference questions: a delicate act • Overview of resources

9. Washington County Law Library: Selected Resources • Continuing Legal Education materials: current and expired • Oregon State Bar deskbooks • Online subscription database research: Westlaw, HeinOnline, and Shepard’s Online • Legislative History: Session Laws, House and Senate Journals, Committee Minutes and Exhibits, etc.

10. Washington County Law Library: Selected Resources II • Digital Briefs collection • Law Library website: http://www.co.washington.or.us/LawLibrary/ • Oregon Legal Research blog: http://oregonlegalresearch.blogspot.com/ • Portland Metro Area Legal Services • “Biz” resource cards • Other library services: copy, fax, conference room, Oregon Notary Public

11. Examples: Frequently Asked Questions

12. Family Law • “I got served papers for the disillusionment of my marriage. How do I respond? Am I responding to the marriage or custody issues?” • Family Law Coordinator's Office • Legal Aid Services of Oregon publications • St. Andrew Legal Clinic • OSB Public Information • OSB Deskbooks: Family Law

13. Landlord/Tenant Law • “We need to evict our son. What do we have to do and what can we do with his belongings?” • Landlord/Tenant Rights in Oregon by Janay Ann Haas • Handbook for Oregon Landlords – Stevens-Ness publication • Legal Aid Services of Oregon Landlord/Tenant publication and Legal Aid’s Tenant Hotline (biz card) • Community Alliance of Tenants: Renter’s Rights Hotline • OSB Public Information • Continuing Legal Education materials

14. Oregon Civil Procedure: Going to Court • “How can I find motions (preferable for Wash. Co. Circuit Court) for ORCP 21?” • Oregon Rules of Civil Procedure and other relevant court rules • OSB deskbooks: Oregon Civil Pleading and Practice; Oregon Civil Litigation Manual • Continuing Legal Education publications on civil trial procedure • How to Prepare for Your Civil Trial • Lawyer Referral Services

15. Legislative History • “When did ORCP 55(e) come into existence? Was it passed after 1956?” • Legislative History Checklist • Oregon Revised Statutes • Oregon Laws, House & Senate Journals, Committee Minutes and Exhibits • Oregon Secretary of State Archives Division – legislative records • Oregon State Legislature – search for bills and laws

16. Brief Overview of Legal Research Resources and Process

17. Legal Resources: Primary Materials • Produced by one of the three (or four!) branches of government • Legislative: statutes, ordinances • Judicial: cases/opinions (reporters) • Executive: constitutions (ORS ch. 17) • Administrative: rules and orders

18. Legal Resources: Secondary Materials • Two major publishers: Thomson-Reuters (Westlaw and West Publishing), Reed-Elsevier (LexisNexis/Matthew Bender) • Treatises and practice books • Legal encyclopedias • Law reviews and journals • Digests and annotated materials (finding tools)

19. Updating Materials • Citators (Shepard’s, KeyCite) • Pocket Parts (print only) • Good law, bad law

20. Legal Research Process • Generate a list of search terms • Check secondary sources and practice aids • Find the relevant constitutional provisions, statutes, or administrative rules • Find related cases using case digests or online databases • Read the cases • Update with pocket parts and/or a citator like Shepard's • Stop researching when there are no gaps left in your research and you begin to retrieve repeated results (Oregon Legal Research 2d, Suzanne Rowe)

21. Research Strategies and Organization • Strategy formulation: depends on research goals • Process trail: documenting and organizing

22. Mandatory vs. Persuasive Authority • Mandatory: must be followed by courts (binding). Occurs within one’s jurisdiction. • Persuasive: relevant but not binding. Occurs within similar or nearby jurisdictions.

23. Wrap-up • Questions? • Workshop evaluations • Suggestions? Legal reference questions? Let us know…Chrystal, Holly, Laura • Email, phone…or visit! We love to hear from our local public reference librarians. • Thanks for listening!