ABSTRACT
Lawyers, judges, law school students, and legislators routinely expect librarians to meet their information needs. It could be argued that these are not truly unique demands of lawyers and legal researchers; what makes them unique is that these patrons routinely expect that the research librarians provide will encompass all these factors:
Timeliness: The information requested is usually required immediately. This urgency is real; the lawyer may need to read, analyze, and form an argument in the same day. In many law libraries, librarians do not bother to ask when an answer is required, since it is understood that it is a rush. In others, they ask patrons to define “rush” or “ASAP” as same day or same hour.
Currency: “I need up-to-the-minute status on …” is frequently heard in legislative libraries or in law libraries where patrons include lobbyists. It is also required by lawyers on their way to court. Many cases are based on precedent; that is, how the courts resolved similar cases in the past. If a lawyer bases his argument on case X, he must know with certainty that case X was not appealed or, even worse, overturned, by a higher court. Last year's (or last week's) statute is also unacceptable. Arguing a case using outdated laws is not only embarrassing but could be critical to the outcome of the case or could result in a malpractice claim. Therefore, it is crucial that lawyers keep abreast of daily legal developments.
Accuracy: Every library patron should be given the correct information, but studies show that is not the reality. Librarians should be doubly cautious in providing correct information to lawyers, since it is conceivable that a wrong answer could result in a client's financial or personal ruin.
Thoroughness: The information provided should be the culmination of a complete and thorough search. In few instances are librarians told much about the reason for needing the information, and they certainly should not make decisions about what the patron really needs. The lawyer should be given all requested materials, and every effort should be made to address all avenues.
Detail: The lawyer is often concerned not only with the wording of a statute or contract but also with the wording of newspaper articles, advertisements, government statistics, and other textual material. Because lawyers are in the business of presenting the facts of a case to prove their point, librarians may be sent on missions to locate data worded in a particular way.
Format: Lawyers often want to see an answer in a chart, graph, or statistical table. While every effort should be made to accommodate the lawyer, librarians must not disregard information found in another format. The lawyer should know that the alternatively formatted data may be more current or may contradict the requested chart or table. Usually the librarian should not compile the chart or table but should only provide source materials. If this is not the case, it is extremely important to keep primary documents and attach them or carefully cite them.
Another request librarians receive is to provide an original document or a copy of it. When possible, any documents used as evidence should be provided in their original rather than in an electronic or microform version. Although the courts will accept these equivalents when necessary, they prefer the original or a standard photocopy. It is often not the whim of the lawyer but the rules of the court that are responsible for these format demands.
Absolute Need: Law librarians have all heard “I must have it; it must exist” and will laugh at memories of such statements, but few librarians laughed at the time of the request. Lawyers do not accept “no” for an answer. If the request is difficult, every source consulted should be recorded. Before giving up, every written and on-line source should be exhausted, then the librarian should contact other librarians to brainstorm. Checking the Encyclopedia of Associations and either calling associations' libraries or resource centers or providing the patron with those telephone numbers is the next step. Law librarians frequently attempt to locate government experts, since they exist for almost everything. However, such calls should be made only after receiving clearance from the person who initiated the research. (See the section on confidentiality, No. 10.) Only after all written, on-line, and telephone/people resources have been exhausted and recorded should the law librarian admit defeat.
“The Next Best Thing”: Once the librarian has determined that the specific answer does not exist, creativity is required to find something similar. Lawyers do this automatically and expect librarians to do so also. If the librarian cannot find any cases about chimpanzees, he or she should look for some on orangutans. Trying to broaden or narrow the scope or substituting one thing for another becomes part of the reference process.
Never Say Never, and Never Say No: Something has been written on everything, and giving something related or limited in scope is better than giving nothing at all. A 1961 thesis may be the only thing the librarian can find, but it is probably better than nothing. In any case, it is not a determination for the librarian to make; he or she should give everything available. Similarly, there are always limits to librarians' abilities and time. Librarians should always do something: if the question is not understood, asking for an explanation or looking up terms in a law dictionary is required. If the library does not have the resources (collection or staffing, for example), the librarian should provide names and telephone numbers or bibliographies to help the patron find the answer elsewhere.
Confidentiality: All questions should be treated confidentially. Librarians must never talk about requests outside of the library, and even internally, they must keep the talk quiet and restrict it to those who need to know. Librarians must never call outside sources, even other libraries, until they have been authorized to do so. Many individual client matters are private and personal, and many corporate matters are secret as well. Since the librarian rarely knows full details of lawyers' cases, all requests should be held in the strictest confidence.
Non-legal Research: Many lawyers who formerly researched only the traditional legal materials are now taking an interdisciplinary approach to their research. Legal research centers today are relying more and more on nonlegal research tools. In addition to locating laws, regulations, and cases, librarians are asked for emergency room procedures, information on the transport of environmental pollutants, market share of companies, and endless other facts. Law librarians are even asked for fiction, since many lawyers quote from the classics in their closing arguments.
Limitations: As non-lawyers, librarians must be aware of their limitations. There is a fine line between doing legal research and doing factual research, but librarians should be careful not to cross that line. The librarian has a responsibility to provide current, complete, and accurate research, but they should not go beyond that into interpretation unless they possess the JD and the firm's support.
