Librarians and the Unauthorized Practice of Law
Here are some descriptions of what a
librarian does.
See if you agree with them.
It's not every day that you find a job that
can make a world of difference in people's
lives. Libraries have been empowering
people by offering resources, services and
training to expand their knowledge for
thousands of years.
Me, a librarian? American Library Association
Be a Librarian (Or Just Look Like One)
http://www.ehow.com/topic_537_librarian-just-look-like-one.html
Bureau of Labor Statistics Occupational Outlook Handbook, Librarians
•Searches literature and electronic resources for information bearing on a
specific problem or subject; gathers, analyzes and interrelates
information from a variety of sources in response to reference and
readers advisory requests.
•...
•Utilizes a computer to search and retrieve information materials
needed to assist patrons.
City of Philadelphia, Librarian 2, Examples of Work
Are these descriptions accurate?
Would they include helping patrons
locate information and resources on the
internet?
 Would they include helping people find
information on starting a divorce?
 Would they include helping people find
and prepare interactive forms to begin
their divorce?
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
So, what’s the concern about
Title 4 MRS §807. Unauthorized practice of law
1. Prohibition. No person may practice law or profess to practice law
within the State or before its courts, or demand or receive any
remuneration for those services rendered in this State, unless that person
has been admitted to the bar of this State and has complied with section
806-A, or unless that person has been admitted to try cases in the courts
of this State under section 802.
2. Violation. Any person who practices law in violation of these
requirements is guilty of the unauthorized practice of law, which is a Class
E crime.
All fifty states prohibit the unauthorized practice of law and make it a crime. In Maine it is
a Class E crime punishable by up to six months in jail.
However, NO ONE in the history of the State of Maine has ever been
convicted of Unauthorized Practice of Law
No Librarian Anywhere Has Been Prosecuted for Unauthorized Practice of
Law
Professor Paul Healey, writing in the Law
Library Journal concludes
“that no librarian will ever be prosecuted for
unauthorized practice of law while engaging in
normal reference activities.”
Pro Se Users, Reference Liability, and the Unauthorized Practice of Law:
Twenty-Five Selected Readings, Law Library Journal, Vol. 94:1, 134 (emphasis
added)
American Library Association
Reference and User Services Association
Guidelines for Medical, Legal, and Business Responses
http://www.ala.org/ala/mgrps/divs/rusa/resources/guidelines/guidelinesmedical.cfm
1.0.1 A library’s information services staff must have the knowledge and
preparation appropriate to meet the routine legal, medical, or business
information needs of their clientele.
1.0.4 When asked legal, medical, or business questions, information services
staff should make clear their roles as stated in their library’s specialized
information services policies.
1.0.5 Information services staff members are responsible for providing
complete and accurate responses to users’ questions when possible and for
guiding library users to the most appropriate resources for their information
needs.
1.0.6 Staff should provide instruction in the use of the sources, enabling
users to pursue information independently and effectively, if so desired.

1.0.1 A library’s information services staff must have the knowledge and preparation appropriate to
meet the routine legal, medical, or business information needs of their clientele.

1.0.4 When asked legal, medical, or business questions, information services staff should make
clear their roles as stated in their library’s specialized information services policies.

1.0.5 Information services staff members are responsible for providing complete and accurate
responses to users’ questions when possible and for guiding library users to the most appropriate
resources for their information needs.

1.0.6 Staff should provide instruction in the use of the sources, enabling users to pursue information
independently and effectively, if so desired.
Are these ALA guidelines appropriate?
 How would they relate to using
HelpMeLaw
 How would they relate to helping a
patron use automated forms?
 How do they relate to Unauthorized
Practice of Law?

Can we reconcile the ALA’s mandate with the Supreme
Court’s prohibition?
1.0.1 A library’s information services staff must have the knowledge and
preparation appropriate to meet the routine legal, medical, or business
information needs of their clientele.
The focus of the inquiry [whether something is the practice of law] is, in fact,
whether the activity in question requires legal knowledge and skill in order to
apply legal principles and precedent.
Perhaps the key is in “applying legal principles,” as opposed to “meeting
information needs.”
As far as we know these are the facts:
•No one in Maine has ever been convicted of Practicing Law Without a License
•No librarian anywhere has ever been charged with Practicing Law Without a
License.
•Professor Healy suggests that that no librarian will ever be prosecuted for
unauthorized practice of law while engaging in normal reference activities.
Is there anything we can do to
improve on those odds?
Let’s look again at what the Maine Supreme Court has
said:
The focus of the inquiry is, in fact, whether the activity in question
requires legal knowledge and skill in order to apply legal principles and
precedent. Even where trial work is not involved but the preparation of
legal documents, their interpretation, the giving of legal advice, or
the application of legal principles to problems of any complexity, is
involved, these activities are still the practice of law.
Generally the distinction is made between “giving legal advice” and
“providing legal information.”
What’s the Difference?
John Greacen, one of the leading experts in the field,
provides these definitions (for court clerks):
Legal information
 Facts about the law and the legal process
Legal advice
 Advice about the course of action a client should
take to further his or her own best interests
Greacen goes on to provide these general
guidelines for Court Clerks
Legal information
Staff should answer questions that call for factual
information – questions that start with “who,”
“what,” “when,” “where,” or “how.”
 Legal advice
Staff should not answer questions that call for an
opinion about what a litigant should do – questions
that contain the words “should” or “whether.”

Legal information
Staff should tell a litigant how to bring an issue to the attention of the
court.
 Legal advice
Staff should not suggest whether it is wise to bring that issue before the
court, how best to present the issue, or how the judge is likely to
decide the case.

Legal information
Staff should inform a litigant of his or her options and the steps to carry
out an option
 Legal advice
Staff should not suggest which option the litigant should pursue

A task force of the Arizona Supreme Court provides this guidance
(again for Court Clerks):
Telling a court customer “what to do” rather than
“how to do it” may constitute giving legal advice.
There is another element of what the Maine Supreme Court
has said that might relate to a librarian helping patrons find
help for their legal problems:
The focus of the inquiry is, in fact, whether the activity in question
requires legal knowledge and skill in order to apply legal principles and
precedent. Even where trial work is not involved but the preparation
of legal documents, their interpretation, the giving of legal advice,
or the application of legal principles to problems of any complexity, is
involved, these activities are still the practice of law.
A lot of the help available on the Pine Tree Legal Assistance web site, and
other sites has to do with the on line preparation of legal documents.
•Can you help a patron find this
resource without “practicing
law?”
•Can you help a patron use this
resource without “practicing
law?”
•The ALA Guidelines say, “Staff
should provide instruction in the
use of the sources, enabling
users to pursue information
independently and effectively, if
so desired.
•Would this apply to filling out
forms?
The California Courts provide some guidance to their clerks
with respect to forms preparation:
It seems a good rule of thumb that you could help people with the kind of information is
required by a specific form, but not the specific words that relate to their individual
situation.
Some Ideas that Might Keep You From Being
the First Librarian Ever Prosecuted for
Unauthorized Practice of Law
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Help people find and use legal information and
resources.
Don’t advise them what they ought to do with those.
Tell people what is required to use a resource properly.
Don’t tell them how to present their particular situation.