Recognizing Legal Information From Legal Advice

Recognizing Legal Information From Legal Advice Stewart Chun Federal Documents Section Hawaii State Library www.hspls.org/feddocs

We Give Legal Information
Federal Documents Section Disclaimer:
The Federal Document Section staff will assist patent searchers by providing instructions in the use of various search tools available in the section. Only preliminary patent and trademark searches can be conducted with the resources located at the Federal Documents Section. The section staff is not qualified to give legal advice of any kind, including interpreting laws and regulations; performing searches for users; or offering opinions about the search strategy effectiveness. No conclusions should be inferred concerning the validity of any patent, design or trademark from any assistance provided by the library staff.
Anyone wishing further assistance will be directed to a list of registered patent attorneys and agents who have specialized knowledge and experience in conducting patent or trademark searches. This roster contains current information filed with the U.S. Patent and Trademark Office. Not all attorneys and agents listed on this roster will service new public clients.

Selected Duties At Fed Docs
We search different intellectual properties:
Patents, Trademarks and Copyrights
We give away federal income tax forms
We use U.S. Code, Code of Federal Regulations, Statutes At Large, and other legal research sources
We help fill out passport application forms as qualified Passport Acceptance Agents

Why We Are Not Attorneys
An attorney, representing a client, has a duty to that client
An attorney giving legal advice to that client is liable for the information
If that duty is neglected and harm is caused, the client can sue for malpractice

What is Legal Information?
Factual
Generic
Uses standard tools and resources
Does not address specific or particular circumstances

Legal Information Examples
Where can I get a tax form?
What does this acronym mean?
Where can I find the American Recovery and Reinvestment Act?

What Can Librarians Do?
Librarians can assist in locating resources that discuss legal practice
Librarians may provide basic instruction on how to use these materials

What is Legal Advice?
Requires legal knowledge, education, skill and judgment
Applies specific law to a particular circumstance
Affects someone’s legal rights or responsibilities

Legal Advice Examples
Which tax form do I need?
Can I use these drawings in my brochure?
How do I protect my business logo?

Proposed Legal Advice Guide
A task-oriented approach to avoid performing duties that are “lawyerly” such as:
Selecting or filling out forms
Interpreting rules as they apply to specific situations
Speculating on outcome

Questions?

What is the practice of law?
The "practice of law" is the application of legal principles and judgment with regard to the circumstances or objectives of a person that require the knowledge and skill of a person trained in the law.
ABA Center for Professional Responsibility Task Force on the Model Definition of the Practice of Law (Draft 9/18/02)

What is Unauthorized Practice of Law (UPL)?
Proposed model definition put forth by the American Bar Association was never adopted
In every state (except Arizona) there is a statute prohibiting UPL
Interpretations vary by jurisdiction
Lack of a uniform definition creates confusion and misunderstanding, particularly among non-lawyers
It is not the librarians’ responsibility to define what constitutes UPL, as that would itself be interpreting the law, and hence UPL

Hawaii Revised Statute
HRS Vol. 13 § 605-14
Unauthorized practice of law prohibited.
It shall be unlawful for any person, firm, association, or corporation to engage in or attempt to engage in or to offer to engage in the practice of law, or to do or attempt to do or offer to do any act constituting the practice of law, except and to the extent that the person, firm, or association is licensed or authorized so to do by an appropriate court, agency, or office or by a statute of the State or of the United States.

UPL Examples
Interpreting legal materials, such as statutes, rules, and case law questions
Informing patrons how to correct errors or omissions on legal forms
Informing a person of his legal rights regarding a specific situation
Recommending a specific attorney or law firm

Red Flag Caution Words
What are my OPTIONS ?
What does this MEAN ?
What would YOU do?
Do you THINK this is a problem?
I know you are not a lawyer, BUT …
You can TELL me, I’ll TELL no one.

Answers To Avoid
The law says . . .
Based on your situation . . .
You really need to . . .
That means . . .
This applies [or doesn’t apply] to you

Phrases To Steer Patrons Towards Resources
Do you have a specific CITATION? Let me help you find the source.
Are you familiar with the Internet? I would be happy to show you their website.
I could teach you how to find answers to your questions using our print and electronic resources.

Any Final Questions?
Don’t forget to fill out an evaluation form and mahalo for coming to this session
www.hspls.org/feddocs

Recognizing Legal Information From Legal Advice

by hlapowerpoint on Nov 23, 2009

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Recognizing Legal Information From Legal Advice — Presentation Transcript