Copyright Charles R. Dyer 2006 Serving Self-Represented Litigants Best Practices in Public Law...

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Copyright Charles R. Dyer 2006 Serving Self-Represented Litigants Best Practices in Public Law Libraries from Across the Country

Transcript of Copyright Charles R. Dyer 2006 Serving Self-Represented Litigants Best Practices in Public Law...

Page 1: Copyright Charles R. Dyer 2006 Serving Self-Represented Litigants Best Practices in Public Law Libraries from Across the Country.

Copyright Charles R. Dyer 2006

Serving Self-Represented LitigantsBest Practices in Public Law Libraries from Across the Country

Page 2: Copyright Charles R. Dyer 2006 Serving Self-Represented Litigants Best Practices in Public Law Libraries from Across the Country.

Principles of Best Practices

• These practices should be effective in getting the self-represented litigant what he needs.

• They should be cost-efficient.

• Their products should be easy to use.

• You should avoid repetitive work.

• You should be working smarter, not harder.

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Presumed Familiarity

• New York Unified Court System websites.

• LawHelp.org/NY

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Reference Materials

• Research Guides and Checklists– Information is more complete than one gets from a

verbal reference transaction.– Users can carry the information with them.

• Prepared forms– Keep heavily used forms readily available.– Custom forms can be made for high use local

needs.– If you do them yourself, have them reviewed by

your judges.

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San Diego County Public Law Library (CA)

Link to Research Guides page

http://www.sdcll.org/guides.htm

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King County Law Library (Seattle, WA)

• Research Guides page

• This site is being rebuilt, so screen capture remains

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King County Law Library

• Research Guide for Winning the Lottery

• This site is being rebuilt, so screen capture remains

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Clark County Law Library (Law Vegas, NV)

• Forms page

• http://www.co.clark.nv.us/law_library/formspage.htm

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Clark County Law Library

• Pathfinder 12: Legal Forms in Nevada PDF

• http://www.co.clark.nv.us/law_library/pdf/12%20Legal%20Forms%20In%20Nevada.pdf

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New York’s Forms

• New York Court Help Forms Library at http://www.nycourts.gov/courthelp/forms.html– Family law, name change– Fill in the blank PDF forms.

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Classes for SRLs

• Librarian teachers

• Classes held– At the law library– At public libraries– At other venues

• Variety of topics– Legal research, computer use– Procedure, forms

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San Diego County Public Law Library (CA)

• Classes page• http://www.sdcpll.org/classes.htm

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San Diego County Public Law Library

• Description of the Law Made Public class

• http://www.sdcpll.org/classes.htm#Lawmadepublic

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San Diego County Public Law Library

• Hidden page link to its Instructional Resources page.

• http://www.sdcll.org/presentations/

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Sacramento County Public Law Library (CA)

• List of classes

• http://www.saclaw.lib.ca.us/TrainingCenter/ClassListTable.htm

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Sacramento County Public Law Library

• Link to the description for the Law and Motions class

• http://www.saclaw.org/TrainingCenter/ClassDescriptions.htm#motion

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Sacramento County Public Law Library

• Photo form the virtual tour showing the Training Center.

• Leave screen capture in, as virtual tour requires latest Internet Explorer and cookies.

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Others with public classes

The following public law libraries had classes for the public listed on their websites as of February 26, 2006:

• Arizona State Law Library (Phoenix)• Los Angeles County Law Library (Los Angeles, CA) • Douglas County Law Library (Lawrence, KS)• Washoe County Law Library (Reno, NV)• King County Law Library (Seattle, WA); and• Wisconsin State Law Library and the Dane County

Legal Resource Center (Madison, WI).

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Setting up classes

• Time for preparation– Share your work with others

• Equipment, rooms, etc.– Start by borrowing– Good items for grants or special funding

requests

• Expertise

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Avoiding UPL

• Classes are taught using a pre-set fact pattern which is not that of an actual library user.

• Discussion is limited to general questions on the matters brought up in the class.

• Because of the presence of other students, specific questions can be referred to the reference desk or other agencies, as appropriate.

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SRL-oriented websites

• Statewide websites created under cooperative efforts– Usually with grants and task forces.

• Distinctive features– Better usability and easy navigation.– Simple explanations.– Referrals to local law libraries.– Email and live reference

(chat room style).

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Maryland’s Peoples Law Library

• Home page

• http://www.peoples-law.info/Home/PublicWeb

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Maryland Peoples Law Library

• Family Law page

• http://www.peoples-law.info/Home/PublicWeb/IndexPages/1390000

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Maryland Peoples Law Library

• Link to the quiz on whether one should represent himself.

• http://www.peoples-law.org/family/divorce/self%20quiz.htm

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Maryland Peoples Law Library

• Using the same link, scroll down to the bottom of the quiz.

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Law Help /NY

• Link to a PDF on whether to get a lawyer

• http://www.lawhelp.org/documents/12437CBCBasicDivorce.pdf?stateabbrev=/NY/

• The screen capture is left in, as the site has changed. I could not find the page again.

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Back to Maryland People Law Library

• Family Law page once again

• http://www.peoples-law.info/Home/PublicWeb/IndexPages/1390000

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Maryland Peoples Law Library

• Finding the solution page shown because of its visual ease.

• http://www.peoples-law.org/holistic/holistic_home.htm

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Maryland Peoples Law Library

• Navigating your divorce page

• http://www.peoples-law.org/holistic/Navigating%20your%20divorce/Navigating%20Your%20Divorce.useful%20websites.htm

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California Public Law Library

• Home page

• http://www.publiclawlibrary.org/

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California Public Law Library

• Links to pages from self-help centers

• http://www.publiclawlibrary.org/help.html

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California Public Law Library

• Ask Now button page

• http://www.247ref.org/portal/access_law3.cfm?virt=CCCLL

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Online live reference

• Librarian and user communicate through a chat room window.

• The librarian takes control of the users PC and can point the user to specific websites in another window in response to reference questions.

• Librarian’s can use previously written scripts in order to send large amounts of information quickly.

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• Leave screen capture in because of arrow.

Law Help Cal Button to Cal Pub Law Library

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Question Point - 24/7 online reference services

• NY Supreme Court Criminal Law Library participates, but only at the email service level, not as live reference in an online chat room style.

• Questions from other libraries in Question Point are referred to it for handling as an email reference transaction.

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Note: LawHelp/NY does some

• Public Access Law Libraries does some.

• http://www.nycourts.gov/lawlibraries/publicaccess.shtml. (This was an actual link on the original show, not a screen capture.)

• [Both NY sites have some readability issues.]

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Partnering

• One recent trend is increased partnering between public law libraries and the courts or other legal services agencies.

• More than just referrals, these other agencies will place staff in the law libraries themselves.

• Sometimes they share fundingwith the library, too.

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Nevada County Law Library (CA)

• The Superior Court’s self-help center is located in the library.

• The attorney there will actually take SRLs into the stacks, just like a reference librarian.

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Nevada County Law Library

• Leave screen capture in this version as the GIS portal requires Internet Explorer 4.0 as a browser.

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Nevada County Law Library

• Link to County’s online building permit request system

• http://cda.nevcounty.net/onestop/onestop.asp

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Travis County Law Library (TX)

Going one step further:

• Travis County’s self-help center is run by the library.

• Referrals are speeded up, in both directions.

• Expansions to the service are treated as regular library budget items.

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Travis County Law Library

• Link to the Reference Attorney page

• http://www.co.travis.tx.us/records_communication/law_library/ref_attorney.asp

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San Diego County Public Law Library

• They had a clinic run by the San Diego Volunteer Lawyer Program (a pro bono organization), 2001-2005.

• Replaced by a Law School SRL clinic, run by the University of San Diego School of Law.

• Also, specialty clinics are run by local bar associations.

Page 45: Copyright Charles R. Dyer 2006 Serving Self-Represented Litigants Best Practices in Public Law Libraries from Across the Country.

San Diego County Public Law Library

• Link to the Free Legal Clinics page

• http://www.sdcpll.org/sdvlp.htm

Page 46: Copyright Charles R. Dyer 2006 Serving Self-Represented Litigants Best Practices in Public Law Libraries from Across the Country.

Why use outside agencies for unbundled legal services

• It’s useful to have the reference staff separated from the legal advice givers.

• Conflict of interest records must be maintained.

• Rigorous contract for partial services, typically under rules established by a willing state bar.

• Malpractice insurance.

Page 47: Copyright Charles R. Dyer 2006 Serving Self-Represented Litigants Best Practices in Public Law Libraries from Across the Country.

Issues with Unbundled Legal Services Clinics

Short term issues:• Creating a good referral methodology.• Maintaining volunteers.• Training for the wide variety of legal issues.

Long-term issues:• Funding is often not permanent.• The cooperating agency can change its

priorities.

Page 48: Copyright Charles R. Dyer 2006 Serving Self-Represented Litigants Best Practices in Public Law Libraries from Across the Country.

Alternatives to branch libraries

• Hennepin County Law Library (MN)– Resources in branch public libraries

• Kern County Law Library (CA) – Branch in community college

• San Diego County Public Law Library (CA)– Videoconferencing classes to public

libraries

Page 49: Copyright Charles R. Dyer 2006 Serving Self-Represented Litigants Best Practices in Public Law Libraries from Across the Country.

Public events that educate SRLs

• Local bar holds sets of substantive law classes (Peoples Law Schools)– Once a week for 4 – 6 weeks.– Different Topic each week.

• Local bar does Q & A for free– E.g., for Law Day.

• Public Lectures

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Resources for Law Librarians

• Self-Help Support (NCSC) www.selfhelpsupport.org

• Self-Represented Litigation Network– Law Librarians Sub-Group of the Information,

Marketing and Outreach Group

• AALL Legal Information Services to the Public SIS

Page 51: Copyright Charles R. Dyer 2006 Serving Self-Represented Litigants Best Practices in Public Law Libraries from Across the Country.

Charles R. Dyer Consulting

• My website: www.charlesrdyer.com

• My email: [email protected]

Page 52: Copyright Charles R. Dyer 2006 Serving Self-Represented Litigants Best Practices in Public Law Libraries from Across the Country.

This presentation and other materials are available at

http://www.charlesrdyer.com/NYSUCS