Public Libraries, Legal Information, and Access to Justice: Part 2

1. Public Libraries, Legal Information, and Access to Justice: Part 2 Legal Resources for the Public Librarian: How to Survive Legal Questions on the Reference Desk

2. Laura Mancini, MLIS • Director- Library Services for Oakland County • Administrator of the Adams Pratt Oakland County Law Library • Only public law library in southeast Michigan • Serves 40,000 people a year, over 70% of them are members of the general public

3. General Sources

4. Free Electronic Resources • Legal Information Institutehttp://www.law.cornell.edu Features links to constitutions, statutes, regulations, court opinions by jurisdiction • Findlaw http://www.findlaw.com Includes sections for the layperson, legal topics and laws for all 50 states

5. Free Electronic Resources • Michigan Courts Self Help Center http://courts.michigan.gov/scao/selfhelp/selfhelphome.htm Includes information on court procedures and official court forms (which are only SOME of the forms used in Michigan Courts)

6. Free Electronic Resources • State Bar of Michigan Online Legal Help Center http://www.michbar.org/generalinfo/libraries/selfhelp.cfm Contains links on sources for different topics in the law, finding a lawyer, and researching Michigan law

7. Free Electronic Sources • Michigan Electronic Library (MeL) http://mel.org/legal New Legal Gateway. Information on courts, administrative decisions, finding legal assistance, legal resources, federal and multistate legal resources, Michigan legal resources, statutes and regulations

8. Cheap Legal Print Sources for the Layperson • Nolo Press • Books available on a wide variety of topics including many of the subjects where individuals most commonly represent themselves • Written by attorneys or experts in the subject matter • Average Nolo Book retails for about $30.00 • http://www.nolo.com • Caution patrons about Formbooks. Will the forms be accepted in Michigan Courts?

9. Cheap Print Sources for the Layperson • Sphinx Publishing • Books available on a wide variety of topics including most subjects where individuals commonly represent themselves • Written by attorneys or experts in the subject matter • Average Sphinx Book retails for about $25.00 • http://www.SphinxLegal.com • Caution patrons about Formbooks. Will the forms be accepted in Michigan Courts?

10. Laura’s Favorite Print Sources for the Layperson • Unmarried Parents Rights (Sphinx) • Represent Yourself in Court (Nolo) • How to Make a Michigan Will (Sphinx) • Every Tenant’s Legal Guide (Nolo) • Beat Your Ticket (Nolo)

11. State of Michigan Free Guides • Most are available for download at http://www.legislature.mi.gov under the publications menu • Print copies to distribute to your patrons are also available from your State Representative- Call them!

12. Laura’s Picks: Free State of Michigan Guides • Friend of the Court • Changes and Choices: Legal Rights of Senior Adults • Tenants and Landlords a Practical Guide • All are Michigan specific in their coverage

13. Useful and Inexpensive Sources for Popular Self-Help Topics

14. Family Law • The Michigan Divorce Book: A Guide to Doing an Uncontested Divorce Without an Attorney by Michael Maran • Unmarried Parents’ Rights (and Responsibilities) by Jacqueline D. Stanley • Michigan Parenting Time Guideline http://www.courts.michigan.gov/scao/resources/publications/manuals/focb/pt_gdlns.pdf

15. Family Law Continued • Michigan’s Friend of the Court: Support, Custody, and Visitation for Michigan Children http://www.legislature.mi.gov/documents/publications/friendofcourt.pdf • Grandparents’ Rights: Your Legal Guide to Protecting Your Relationship with Your Children by Traci Truly

16. Landlord Tenant • Practical Guide for Landlord and Tenants http://www.legislature.mi.gov/documents/publications/tenantlandlord.pdf • Tenants and Landlords: A Practical Guidehttp://www.michiganlegalaid.org/library_client/housing/tenants__landlords__a_practical_guide/html_view

17. Landlord Tenant Continued • Every Landlord’s Guide to Finding Great Tenants by Janet Portman • Renter’s Rights: The Basics by Janet Portman and Marcia Stewart • Every Tenant’s Legal Guide by Janet Portman and Marcia Stewart

18. Bankruptcy • US Bankruptcy Court for Western District of Michigan http://www.miwb.uscourts.gov Contains information on how to file for bankruptcy without an attorney • Glossary of Bankruptcy Terms http://www.bankruptcydata.com/glossary.htm

19. Bankruptcy Continued • US Courts: Bankruptcy Resources and Forms http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyResources.aspx The New Bankruptcy: Will it Work for You? By Stephen R. Elias • How to File Chapter 7 Bankruptcy by Stephen Elias, Albin Renauer & Robin Leonard

20. Debtor/Creditor Law • Michigan Attorney General http://www.michigan.gov/ag/ Information on Consumer Fraud • Consumer Protection Resources Guides http://www.legislature.mi.gov/documents/publications/ConsumerProtection.pdf

21. Debtor/Creditor Law Continued • The Complete Credit Repair Kit by Brette McWhorter Sember • Solve Your Money Troubles: Debt, Credit and Bankruptcy by Robin Leonard and Margaret Reiter • Getting Paid: How to Collect from Bankrupt Debtors by Stephen R. Elias

22. Elder Law • Medicare http://www.medicare.gov/ Elder Law of Michigan http://www.elderslaw.org • ABA Commission on Law and Aging http://www.abanet.org

23. Elder Law Continued • Changes and Choices: Legal Rights of Senior Adults http://www.legislature.mi.gov/documents/Publications/ChangesAndChoices.pdf • Long-Term Care: How to Plan & Pay for It by Joseph Matthews

24. Immigration • U.S. Citizenship and Immigration Services http://www.uscis.gov/portal/site/uscis • Becoming a U.S. Citizen: A Guide to the Law, Exam & Interview by Ilona Bray • U.S. Immigration Made Easy by Ilona Bray • How to Get a Green Card by Ilona Bray and Loida Nicolas Lewis, updated by Ruby Lieberman

25. Immigration Continued • Fiancé and Marriage Visas: A Couple’s Guide to U.S. Immigration by Ilona Bray, updated by Ruby Lieberman

26. Foreclosure • Michigan Attorney General http://www.michigan.gov/ag/0,1607,7-164-34391-180413--,00.html • Federal Trade Commission: Foreclosure http://ftc.gov/bcp/edu/pubs/consumer/homes/rea04.shtm

27. Foreclosure Continued • Michigan State Housing Authority http://www.michigan.gov/mshda/0,1607,7-141-45866_47905-186987--,00.html • HUD Avoiding Home Foreclosure http://www.hud.gov/offices/hsg/sfh/hcc/fc/ • Stop Foreclosure Now by Lloyd Segal

28. Social Security • Social Security Online http://ssa.gov • AARP Social Security Center http://www.aarp.org/work/social-security/ • Win Your Social Security Disability Case By Benjamin H. Berkley

29. Social Security Continued • Social Security, Medicare and Government Pensions: Get the Most Out of Your Retirement & Medical Benefits By Joseph L. Matthews with Dorothy Matthews Berman • The Social Security Benefits Handbook by A. Tomkiel III

30. Veterans • Veterans/Benefits & Services http://www.va.gov • National Veterans Legal Services Program http://www.nvlsp.org • Project Salute http://www.law.udmercy.edu/academics/vetclinic/nat_tour.php

31. Veterans Continued • Veterans Benefits and Services: Federal, State, and Local Programs for Veterans Past, Present, and Future http://www.legislature.mi.gov/documents/Publications/Veterans.pdf • For Service to Your Country: The Insider’s Guide to Veterans’ Benefits by Peter S. Gayton and Marian Edelman Borden

32. Wills and Estate Planning • Planning for your Peace of Mind: A Do-It-Yourself Guide to Medical and Legal Decisions http://www.legislature.mi.gov/documents/publications/peaceofmind.pdf • How to Make a Michigan Will by Edward A. Haman and Mark Warda

33. Wills and Estate Planning Continued • The Michigan Estate Planning Book by Michael Maran • Guiding Those Left Behind in Michigan by Amelia E. Pohl and Steven T. Lett • A Will is Not Enough in Michigan by Amelia E. Pohl and Todd Schmitz

34. Other Useful Items • Filing Appeals and Original Actions: An Appellant’s Guide to Navigating the Appellate Process http://coa.courts.mi.gov/pdf/at-handbook.pdf • Setting Aside a Conviction (Expungement) http://courts.michigan.gov/scao/selfhelp/intro/criminal/setaside_help.htm

35. Other Useful Items Continued • Driver License Restoration http://www.michigan.gov/sos/0,1607,7-127-1627_8665_9074-29754--,00.html • Emancipation of Minors http://courts.co.calhoun.mi.us/book002.htm

36. Disclaimer • These sources cannot be considered authoritative legal sources • They serve as guides to give your patrons background information on a particular topic and can help to direct them to their next steps in the legal process

37. What to Do When You Can’t Give Legal Advice • Try to give some information that can help the patron progress to next step in solving their problem • Patron will feel like their time has not been wasted in visiting the library

38. Referrals for Legal Assistance and Advice • Lawyer Referral Services (Often Includes Free Consultations) • Legal Services Corporations (Legal Aid) • Law School Clinics (Host One at Your Library!) • Community Dispute Resolution Program Centers

39. Referrals for Legal Assistance and Advice Continued • Non-Profit or Community Based Advocacy and Legal Projects • AAA-Senior Citizens Legal Service Providers • Don’t Forget Law Libraries!

40. Access to Justice

41. Current State of Access to Justice • Gaps and duplication in the availability of self-help resources • Electronic sources that do exist are not interactive • Lack of uniformity in materials, forms, procedures among jurisdictions • Existing court forms not easily understood (Motion Form Example Here)

42. Current State Access to Justice Continued • Wide disparity in treatment of self-represented from jurisdiction to jurisdiction

43. Quote from New Hampshire Chief Justice Broderick • “How would you feel if we had a system in this country where, if you went to an emergency room with severe abdominal pain, without insurance, you were told to use illustrated textbooks on the bookshelves to diagnose your problem and the sterilized instruments in the trays to perform your own surgery?”

44. Quote from New Hampshire Chief Justice Broderick Continued • “All of us would say that system is immoral. Somehow, when mothers or fathers are told to fight for custody of their child or for their health care, their job, their apartment or their home without a lawyer, too many think it’s perfectly alright for them to perform their own surgery in our courthouses with burdens, rules and

45. Quote from New Hampshire Chief Justice Broderick Continued • “process they do not understand. Well, it isn’t all right and we shouldn’t tolerate it in the greatest justice system in the world. Justice isn’t just a nice idea, it’s the glue that keeps our democracy together.”

46. The Future of Access to Justice in Michigan • Solutions on Self-Help (SOS) Task Force formed by Chief Justice Marilyn Kelly • Comprised of representatives from the Courts, Bar Associations, Legal Aid Organizations, Law Schools, and Libraries • Project funded by the Michigan State Bar Foundation

47. Michigan SOS Taskforce Goals • User-friendly, high-quality, statewide centralized self-help resources • An interactive web site that populates automated documents/forms with a powerful search engine, user tutorials, multimedia and live chat assistance • Spanish and other language content

48. Michigan SOS Taskforce Goals Continued • Develop a triage protocol for referring persons who really should get a lawyer for their matter • Have pilot self-help centers that use the SOS website • Uniform court acceptance of SCAO forms, improved understandability of forms and more consistent procedures among courts

49. Michigan SOS Taskforce Project Model • Illinoislegalaid.org http://www.illinoislegalaid.org • Contains legal resources written for low-literacy users • Legal information in multiple areas of law • Easy-to-use interactive forms • Foreign Language materials

50. Illinoislegalaid.org • Self-Help instructions for common legal problems • Multimedia training and education • Referrals to free or other legal services • Live chat assistance