How We Learned to Love Legal Reference and You Can Too

Oregon Library Association Conference

April, 2023

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Jenny Pedersen, Deschutes Public Library

Brittany Young, Lane County Law Library

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www.lanecounty.org/lawlibrary

Legal System Overview

www.lanecounty.org/lawlibrary

Primary Sources of Law

• Constitutions: State & Federal

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• Statutes: Oregon Revised Statutes (ORS) & Federal Code

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• Regulations: Oregon Administrative Rules (OAR) & Federal Code of Regulations (CFR)

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• Case Law: Oregon Court of Appeals & Federal Courts of Appeals

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• Court Rules & Records

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www.lanecounty.org/lawlibrary

Secondary Sources of Law

Level of Perplexity

• Restatements

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• Treatises, Explainers, Law Journal articles

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• Practice Materials

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• Self-help Guides, Dictionaries, Encyclopedias, etc.

www.lanecounty.org/lawlibrary

Secondary Sources of Law

• Oregon Law Help / Oregon Renters Rights

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• Oregon State Bar Information for the Public

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• Oregon Judicial Dep’t Self-Help Center

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• Oregon Bar Books online

www.lanecounty.org/lawlibrary

Legal Forms

www.lanecounty.org/lawlibrary

Legal Research Reference

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• Do NOT search primary sources of law for people

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www.lanecounty.org/lawlibrary

Legal Advice vs Legal Info

• Requires careful analysis of the law as it applies to a person's specific situation

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• May affect someone's rights and responsibilities

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• Keeps the decision‐making in OUR hands

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• Lets the other person know what possibilities are out there
• Educates the person about a topic without limiting options
• Puts the decision‐making in THEIR hands

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www.lanecounty.org/lawlibrary

Legal Advice vs Legal Info

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Search for Lemon Laws:

1. https://oregon.public.law/
2. https://www.law.cornell.edu
3. https://scholar.google.com/

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www.lanecounty.org/lawlibrary

Lemon Law Question

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OREGON:

Statutory Law

• ORS, Volume 16, Title 50 Chapter 646A Trade Regulation

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Regulatory Law

• OAR Chapter 735. Division 24 Assembled/Reconstructed/Altered/Damaged Vehicles

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Court Rules

• Chapter 5. Procedures in Civil Cases
• Chapter 15. Small Claims

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FEDERAL:

Statutory Law

• US Code, Title 15. Commerce and Trade
• Chapter 46A. Automobile Title Fraud
• Chapter 47. Consumer Product Safety
• Chapter 50. Consumer Product Warranties

Regulatory Law

• CFR Title 16. Commercial Practices
• Chapter 1. Federal Trade Commission
• Chapter II. Consumer Product Safety Commission

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www.lanecounty.org/lawlibrary

Legal Research Reference

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• Do NOT search primary sources of law for people

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• Use your Secondary Sources!
• OregonLawHelp.org
• OR State Bar Info for the Public
• Gov’t Agencies and Advocacy Group Websites
• OR Practice Materials
• Nolos and other self-help guides

www.lanecounty.org/lawlibrary

Legal Advice vs Legal Info

Search for Lemon Laws:

1. https://oregon.public.law/
2. https://www.law.cornell.edu
3. https://scholar.google.com/

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1. www.OregonLawHelp.org
2. www.osbar.org/public/

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www.lanecounty.org/lawlibrary

Legal Reference

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• Heightened emotions impact the interaction – both for

the patron and for library staff

• Focus on what you Can do rather than what you Can’t
• Prepare and practice “I’m not a lawyer” scripts
• Don’t ANSWER the question, RESPOND with information and referrals

www.lanecounty.org/lawlibrary

Legal Reference Interview

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1. Let them tell their story
2. Ask how specifically you can help
3. Rephrase the legal question as an information need
4. Ask where – what jurisdiction

www.lanecounty.org/lawlibrary

Rephrase as Info Need:

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1. Is it legal for me to leave my daughter at home alone? She's seven.
• I understand you need information about leaving a child unsupervised.
2. My ex-wife won't let me see our son, and she wants to move with him to California. How do I stop her?
3. My neighbor recorded our over-the-fence conversation. Is that legal?

www.lanecounty.org/lawlibrary

Rephrase as Info Need:

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• Is it legal for me to leave my daughter at home alone? She's seven.
• I understand you need information about leaving a child unsupervised.

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• My ex-wife won't let me see our son, and she wants to move with him to California. How do I stop her?
• I understand you need information about custody and visitation rights.

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• My neighbor recorded our over-the-fence conversation. Is that legal?
• I understand you need information about privacy rights.

www.lanecounty.org/lawlibrary

Legal Referrals

• Local Law Library / Answerland

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• State of Oregon Law Library

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• Local Legal Aid Services of Oregon office / Oregon Law Center

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• Oregon State Bar Referral Service / Member Directory

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• Martindale lawyer listings site

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• Gov’t agencies, advocacy groups, nonprofits, etc.

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www.lanecounty.org/lawlibrary

Key Takeaways:

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1. Don’t search primary sources of law for people
2. Use secondary sources of law to respond to legal reference questions, the more local the better
3. Remain positive, but set clear limits on how you can help
4. Rephrase the question as an information need
5. Referrals are helpful responses

www.lanecounty.org/lawlibrary

Questions?

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Jenny Pedersen

541-617-7089

jenniferp@deschuteslibrary.org

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Brittany Young

541-682-4337

brittany.young@lanecountyor.gov

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541-682-4337

www.lanecounty.org/lawlibrary