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lawlibrary

Legal Research on a Budget

In a recent issue of the Law Technology News I saw a link to an article in the Texas Lawyer entitled “Legal Research on the Cheap.”  This  article described ways to perform legal research for free.   The author talked about his inability to construct first search successful Boolean queries using Lexis or Westlaw and suggested the use of free resources to get a better handle on the legal research question.  These sources were also recommended as a way to reduce client legal research costs.

Google Scholar is recommended because of its user-friendly interface and the large coverage of the database that includes caselaw and journals.   Still, he found limitations and would not recommend using this tool instead of Westlaw or Lexis.  Using  Internet searches as a means of getting basic, general information about a research issue is another recommendation.   He cites legal blogs as good resources on legal topics.  The third recommended resource is the Cornell University Legal Information Institute as a user-friendly site with links to state and federal statutes and rules.  LexisOne Free Case Law Research is recommended as well, again with limitations.

When I read the post I was compelled to reply.  What is missing  from this list is the best free resource I know, the law library and law librarian.  Attorneys who are fortunate enough to work in a firm with a comprehensive  library and professional librarians should be aware that the librarian is expert at formulating queries for use in Lexis and Westlaw.  A librarian can also suggest resources, in print or online, that would provide the overview needed for the research to begin.  Secondary sources such as topical treatises and encyclopedias are a great way to get a handle on a new research project.

Attorneys without a firm library or librarian might be able to take advantage of the local county, court or state law library.  The website of the State, Court and County Law Libraries Special Interest Section of the American Association of Law Libraries contains a listing of law libraries on the web and an interactive map for locating law libraries across the country.  Links to information on Maryland law libraries can be found on the Maryland’s Peoples Law Library.

Public law libraries often provide free access to the legal research databases such as Westlaw, Lexis, HeinOnline and BNA as we do here in the AACPLL.  Librarians can suggest other sources and assist with query formulation.  All for free and much more personalized.  A visit to the law library can be a much more efficient use of attorney time than multiple, unsuccessful searches on Westlaw, Lexis or the Internet in general.

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lawlibrary

Mandatory CLE for Maryland Attorneys?

Paul Mark Sandler stated in his blog “The Art of Advocacy”  how important he thinks that Maryland should join most other states in requiring mandatory continuing education for  lawyers in his post: Why Maryland Needs Mandatory CLE.  Paul Mark Sandler chaired the MCLE subcommittee of Maryland’s Commission on Professionalism.

The Commission on Professionalism, created by the Court of Appeals as a permanent commission in March 2009, has recommended the adoption of rules requiring mandatory CLE.  The (Proposed) Rules of the Maryland Commission on Mandatory Continuing Legal Education would require 10 hours of mandatory continuing legal education each year.  Frequently Asked Questions Concerning the Commission on Professionalism and its Proposed Rule on Mandatory MCLE can be found on the Maryland Judiciary’s website.

Maryland law libraries should explore the opportunities such a rule would create.  Court libraries could partner with local bar associations to provide legal research programs that could range from the basics of  online legal research to the use and evaluation of Internet resources.

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lawlibrary

Legal Self-Help Resources Available in Anne Arundel County

The number of legal self-help resources have just recently increased.  The court has provided “legal information and forms to assist pro se (unrepresented) litigants in matters of divorce, custody/visitation, child support and name changes” for years now in the Self Help – Family Law Self Help Center.  It is located on the second floor of the courthouse and is open on Monday, Wednesday, and Thursday from 9:00 a.m. to 4:30 p.m. and on Tuesdays and Fridays from 9:00 a.m. to 1:00 p.m.  They also have telephone hours everyday from 9:00 a.m. to 12:00 p.m.  The phone number is: 410-280-5374.

The law library sees many self represented litigants (SRLs) who need assistance with many other legal issues beyond family law.  The library has dedicated a section of the library as a self-help center to assist those seeking legal information or want to represent themselves without an attorney.  The center has a computer with printer and a collection of legal books written for the non-attorney.  Having this PC in an area away from the computer room allows library staff to provide instruction on the use of online and print materials used in legal research privately.  The online Maryland’s Peoples Law Library is a great resource and used frequently in the “center.”

Still, many who visit the library want legal advice: in the form of should I or is this the right thing to do or what should I do?  Many times they would love to have an attorney to represent them or provide them with advice but cannot afford to hire an attorney and do not qualify for legal services programs.

In response, the law library sought to institute a new service in the law library:  Ask a Lawyer in the Law Library.  Now every Wednesday a volunteer attorney is in the law library from 11:00 a.m to 1:00 p.m. to provide limited legal advice and answer legal questions for up to twenty minutes.  The response has been great to the point where we often have many more than the six slots the two hours will allow.  Many times the attorney of the day will stay an extra hour or more to accommodate those who did get one of the six time slots.  (We now have a lottery between 10:45 and 11:00 so that time slots can be fairly assigned.)  This year four different firms have agreed to provide an attorney for the same Wednesday each month:  Bell, Ragland, Gauges and Paltell; David Simison; Council, Baradel; and Baldwin, Kagan and Gormley.  Chis Boucher and Mary Kay Canarte have  agreed to cover two of the four fifth Wednesdays in March, June, September and December.

The program has expanded to branches of  the Anne Arundel Public Library this year and hopes to find a way to continue on a regular basis as these programs can be offered in the evening and on weekends.

Luckily for Anne Arundel County, the Maryland Access to Justice Commission decided that a pilot District Court Self-Help Center be located in the Glen Burnie District Court.  The center is now up and running at 7500 Ritchie Highway in room 205 everyday from 8:30 a.m. to 4:30 p.m.  They can provide “limited legal services”  involving such issues as landlord/tenant, small claims, and debtor/creditor.  They can assist with such tasks as completing court forms and can answer legal questions or help in preparing for court.

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lawlibrary Pro Bono Self Represented

Ask a Lawyer in the Library Travels North

Bill, Cliff and Ed

The Ask  a Lawyer in the Library program moved to North County last night.   AABA attorneys, Cliff O’Connor and Bill Trevillian, Jr., provided free legal advice at the Brooklyn Park Branch of the Anne Arundel County Public Library.  Attorney Ed Groh was there to help, too.  I came along as usual to provide back-up research assistance.   The afternoon began at 4:00 with clients ready at the start.  There was not a large turnout as expected but Cliff O’Connor who organized the event will try again.  Another north county location and different times will be considered.  Other avenues for advertising the event beyond the newspaper and public library bulletin boards may be needed to reach those for whom the program is designed.

Those that took advantage of the program were grateful to get help with their legal problems which included bankruptcy and employment issues.  The extra attention that the attorneys were able to give to each participant was appreciated, too.

The attorneys all agreed that they are willing to try it again.

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lawlibrary Pro Bono Self Represented

Ask a Lawyer in the Public Library Program Continues

Elizabeth, Patricia and Brian

Law Week was off to an early start with the Ask a Lawyer in the Library program returning to the Maryland City at Russett Branch of the Anne Arundel County Public Library on Saturday.  Elizabeth Leight, co-chair of the AABA Pro Bono Committee, enlisted  AABA attorney Brian Markovitz and  Maryland Hispanic Bar Association attorney Patricia Chiriboga-Roby to provide free legal advice in the library.  By 12:30 p.m. the attorneys had already assisted 11 clients with a total of 18  clients being seen by the end of the day.  I was on hand to provide back-up reference assistance. 

Issues for which consultations were sought included consumer contracts, immigration, child support and custody, legal malpractice, home construction disputes and employment. 

The program will be held in the Brooklyn Park branch on May 4 and continue in the Circuit Court on Wednesdays.

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lawlibrary

Carpet installation: Day 2

Carpet has been laid as far as the “reading room.”   It has been interesting providing service in the library today with most of the stacks wrapped in plastic.  Some still want nothing to do with online research and still want to hold that book in their hands.  Some books  could be retrieved from the stacks but some were just too wrapped up.   Many users were able to find what they needed using Westlaw or Lexis and others just decided to come back when it was all over.  The library certainly was not able to offer  the usual comfortable spot in which to work.  It was appreciated that we could at least  use the computer room  making it so we didn’t have to ration computer time.

It  is expected that it should all be finished by tomorrow so that the library can be back to normal sometime on Monday.

Old and New
Progress: Day 2
My office is ready.
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lawlibrary

Maryland Library Day at the Legislature

Today was Maryland Library Day as proclaimed in the Maryland Senate chamber this morning.  Librarians came from across the state to participate in this Maryland Library Association event.  The message librarians hoped to get across was appreciation for the support Maryland public libraries have had through the years.

Issues of concern this year were that there not be a permanent freeze in state aid to libraries and that the state’s public library capital grant program be maintained at the full funding level.  Another issue raised by members of the Law Library Association of Maryland concerned bills in the House and Senate (HB111 and SB174) that proposed that counties whose codes were published on the Internet would not be required to furnish print copies to the Archives and the State Law Library and reduce the number from four to one for the Department of Legislative Services.  The House bill was amended to specify that printed copies be furnished to the Archives and State Law Library and restored the number to four for the Department of Legislative Services.  Members of the county delegation would receive notice of  a code published on the Internet instead of printed copies though.  The Senate bill was not similarly amended and so it was asked that the Committees accept the amendments as passed by the House

The day began here in the AACPLL where the Law Library Association of Maryland provided breakfast.  Joanne Colvin, Pat Behls and Janet Camillo were on hand to represent LLAM.  The breakfast program included a briefing by Gary Alexander of Alexander and Cleary of what is going on in the legislature this year.   After the information packets were assembled and candy distributed everyone headed to the State House Senate and House chambers where librarians were recognized.  From there the group spread out to meet with their delegates and senators armed with the information packets and candy.

The AACPLL acts as a central location where librarians can rest and recharge in between appointments throughout the day.   The day ended with a reception  held in the Miller Senate Office Building  which provided another opportunity for librarians to thank the legislators for past support and talk more about the value of  Maryland’s libraries.  The Maryland library quilt was on display. Photos of the many libraries built as a result of capital projects  hung about the room provided  evidence of funds well spent. A double screen slide show reinforced the value of funding libraries.

All in all it was a long but productive day.  The AACPLL looks forward to hosting Maryland Library Day again next year.

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lawlibrary

National Pro Bono Week in the AACPLL

This week, October 25 through October 31, 2009 is the  first annual National Pro Bono Celebration.  The  ABA Press Release of July 8, 2009 states that this Pro Bono Celebration will recognize the legal work done on behalf of the poor and underserved.   ProBono.net’s “Celebrate Pro Bono” page describes this event, “sponsored by the ABA Standing Committee on Pro Bono and Public Service,”  as “a coordinated national effort to showcase the great difference pro bono lawyers make… The week is also dedicated to the quest for more pro bono volunteers to meet the ever-growing legal needs of this country’s most vulnerable citizens.”

The Anne Arundel County Public Law Library with the Anne Arundel Bar Association Pro Bono Committee will celebrate with the establishment of the “Ask a Lawyer in the Law Library” program.  On Wednesday, October 28, from 11:00 a.m to 3:00 p.m., two attorneys will be in the library for two-hour shifts to answer legal questions.   The program will continue on every third Wednesday of the month from 11:00 a.m. to 1:00 p.m.

In January the program will expand into the Anne Arundel County Public libraries for evening hours, beginning with the Maryland City Russet branch.  With more volunteers, the hours and dates can be increased at both locations.

There will be drop-in information sessions  on pro bono opportunities for Anne Arundel County attorneys everyday between 11:00 and 1:00 for Pro Bono week.  Cookies and coffee will be served   The AACPLL wiki, created to provide information on pro bono opportunities as well as resources to which attorneys can make referrals, will be highlighted during these sessions.  It is hoped that with this information, attorneys will find it easier to provide the pro bono service that is so needed.

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lawlibrary

Maryland Rule 9-206 amended

The Maryland Standing Committee on Rules of Practice and Procedure released a new rules order dated October 5, 2009 stating:

“This Court’s Standing Committee on Rules of Practice and Procedure having submitted to the Court a Letter Report dated September 23, 2009 recommending adoption on an emergency basis of proposed amendments to Rule 9-206”

The rule concerning child support guidelines was amended in order to add provisions concerning “cash medical support” to the worksheets.

The full text of the report can be found at the Rules Committee website.

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lawlibrary

Maryland Code receives updates

Most new Maryland laws go into effect October 1 so it is important that the 2009 pocket parts and supplements are received in time.  Both of the library’s sets, published by Thomson/West or LexisNexis/Michie have been received and filed.

For a review of what has gone into effect the 90 Day Report – A Review of the 2009 Legislative Session, published by the Department of Legislative Services, provides a comprehensive discussion of  the new laws.  The report is  broken into 12 subject areas.  Each section contains a discussion of the majority of related bills passed.  It includes a table of major issues and an index of new bills.

There have also been some news reports on the new laws with the no texting while driving law getting a lot of press.  Here are just two links.

From WJZ: New Laws in Maryland Focus on Road Safety and in the Baltimore Sun: New Laws take effect Thursday: Drivers, gun owners among those affected