Pro Se Law Library Patron Expectations of the Law Library Cindy Sickendick School of Library and Information Management Emporia State University.

Pro Se Law Library Patron Pro Se Law Library Patron Expectations of the Law Expectations of the Law

LibraryLibrary

Cindy SickendickCindy SickendickSchool of Library and Information School of Library and Information

Management Management Emporia State UniversityEmporia State University

IntroductionIntroduction

I am the 24-year-old divorced mother of a 2-I am the 24-year-old divorced mother of a 2-year-old girl.year-old girl.

My ex-husband wants my daughter to visit My ex-husband wants my daughter to visit him on weekends, but I know that he is an him on weekends, but I know that he is an alcoholic and that he has a new, live-in alcoholic and that he has a new, live-in girlfriend that I just don’t trust.girlfriend that I just don’t trust.

I want sole custody of my daughter.I want sole custody of my daughter.

A lawyer is too expensive, I can barely A lawyer is too expensive, I can barely make ends meet now.make ends meet now.

Where do I go from here? What is the first Where do I go from here? What is the first step? Who will help? How can I find step? Who will help? How can I find information about getting sole custody of information about getting sole custody of my daughter?my daughter?

I should be able to do this myself, a friend I should be able to do this myself, a friend said it’s part of my right to due process under said it’s part of my right to due process under the law. the law.

When I got my divorce, they had packets of When I got my divorce, they had packets of forms at the law library in the courthouse. forms at the law library in the courthouse. That was simple. Maybe they have forms for That was simple. Maybe they have forms for this, too…this, too…

Maybe they can tell me what to do at the law Maybe they can tell me what to do at the law library, and point me in the right direction.library, and point me in the right direction.

Background/Research ProblemBackground/Research Problem Pro Se law library patrons come to the Pro Se law library patrons come to the

library with questions about their legal library with questions about their legal issues or seeking forms to file with the court.issues or seeking forms to file with the court.

Sometimes they know what they need, Sometimes they know what they need, sometimes they do not.sometimes they do not.

Sometimes the librarians can help, Sometimes the librarians can help, sometimes they cannot.sometimes they cannot.

Sometimes the patron leaves satisfied, Sometimes the patron leaves satisfied, sometimes they leave angry and frustrated.sometimes they leave angry and frustrated.

The law librarian walks a fine line between The law librarian walks a fine line between directing a patron to sources of information directing a patron to sources of information and overstepping the boundaries of and overstepping the boundaries of unauthorized practice of law.unauthorized practice of law.

The pro se patron sometimes misunderstands The pro se patron sometimes misunderstands the role and limitations of the law librarian and the role and limitations of the law librarian and is disappointed in the services received.is disappointed in the services received.

When the patron is frustrated, is it because:When the patron is frustrated, is it because:

the information is too difficult to understand?the information is too difficult to understand?the information doesn’t exist?the information doesn’t exist?the librarian can’t find the information?the librarian can’t find the information?the librarian won’t listen to the patron?the librarian won’t listen to the patron?the librarian won’t answer any questions?the librarian won’t answer any questions?the librarian talks ‘mumbo-jumbo’?the librarian talks ‘mumbo-jumbo’?the patron understands, but doesn’t like the the patron understands, but doesn’t like the result of the information search – the legal result of the information search – the legal options available are not attractive?options available are not attractive?the patron thought the librarian would tell him the patron thought the librarian would tell him what to do?what to do?the patron thought the librarian would do the patron thought the librarian would do research for him?research for him?

One thing is clear – the patron came to the One thing is clear – the patron came to the library with expectations and needs. Those library with expectations and needs. Those expectations were based upon things that expectations were based upon things that he/she was told or had learned.he/she was told or had learned.

If the patron’s expectations/needs were not If the patron’s expectations/needs were not met, how can that be remedied?met, how can that be remedied?

This research will help to understand the This research will help to understand the expectations of the patron, with the goal of expectations of the patron, with the goal of improving service.improving service.

Research QuestionsResearch Questions What does the pro se law library patron – What does the pro se law library patron – the the

one who comes to the library not knowing one who comes to the library not knowing specifically what he needs to accomplish his specifically what he needs to accomplish his goal with respect to his legal issue or goal with respect to his legal issue or problemproblem – expect from his visit to the law – expect from his visit to the law library?library?

What is he seeking/hoping to find at the What is he seeking/hoping to find at the library and from the librarians?library and from the librarians?

How did he form these expectations?How did he form these expectations?

Key Terms and DefinitionsKey Terms and Definitions

ProPro Se SeOne who represents oneself in a court One who represents oneself in a court proceeding without the assistance of a proceeding without the assistance of a

lawyer (Black’s). lawyer (Black’s).

Unauthorized Practice of LawUnauthorized Practice of Law““Practice of law” and “unauthorized practice Practice of law” and “unauthorized practice of law” have never been defined specifically of law” have never been defined specifically

by a recognized authority (Mosley). by a recognized authority (Mosley).

Literature ReviewLiterature ReviewUnauthorized practice of lawUnauthorized practice of law

Reference librarians should not perform “lawyerly Reference librarians should not perform “lawyerly functions.”functions.”

They should “provide the appropriate tool and work They should “provide the appropriate tool and work with users in navigating the tool until cases, with users in navigating the tool until cases, statues, or other materials that appear to the user statues, or other materials that appear to the user to satisfy the inquiry are located.”to satisfy the inquiry are located.”

(Mosley, 1995)(Mosley, 1995)

No evidence that pro se library patrons “fail to No evidence that pro se library patrons “fail to understand that the reference librarian from whom understand that the reference librarian from whom they seek advice is not an attorney who can they seek advice is not an attorney who can represent them.”represent them.”

No librarian has ever been accused of UPL.No librarian has ever been accused of UPL. (Healey, 1998)(Healey, 1998)

General and Law Librarian Reference InterviewingGeneral and Law Librarian Reference Interviewing

Librarian and patron are collaborators in research.Librarian and patron are collaborators in research.40% of users are not able to ask an initial question 40% of users are not able to ask an initial question explaining exactly what they are looking forexplaining exactly what they are looking forResearch shows that users’ initial questions are Research shows that users’ initial questions are influenced by their ‘mental model’ of how libraries influenced by their ‘mental model’ of how libraries work.work.

(Ross, 2003)(Ross, 2003)

People are intimidated by the law library.People are intimidated by the law library.Law librarian should:Law librarian should:

avoid legal and library jargon, be approachable avoid legal and library jargon, be approachable and friendlyand friendlyask open-ended questions, get them to say what ask open-ended questions, get them to say what they wantthey wantverify a request by paraphrasingverify a request by paraphrasing

(Whisner, 2002)(Whisner, 2002)

Theoretical Assumptions and BackgroundTheoretical Assumptions and Background

Social Constructivism/Cognitive ConstructivismSocial Constructivism/Cognitive Constructivism

The mind constructs reality but understands its The mind constructs reality but understands its relationship to the external world… is informed by relationship to the external world… is informed by society, history, interaction with others. society, history, interaction with others.

Humans construct their knowledge through Humans construct their knowledge through experience. experience.

Theory lends itself to examination of “individual Theory lends itself to examination of “individual searchers and their interaction with information searchers and their interaction with information retrieval systems… and takes the view that work retrieval systems… and takes the view that work tasks provide the primary context for information tasks provide the primary context for information behaviour.”behaviour.”

(Talja, Tuominen & Savolainen, 2005)(Talja, Tuominen & Savolainen, 2005)

In education, constructivism is guided by four In education, constructivism is guided by four principlesprinciples

Learners construct their own meaningLearners construct their own meaningNew learning builds on prior knowledgeNew learning builds on prior knowledgeLearning is enhanced by social interactionLearning is enhanced by social interactionLearning develops through “authentic” tasksLearning develops through “authentic” tasks

(Cooperstein & Weidinger, 2004)(Cooperstein & Weidinger, 2004)

Yi’s description of learner-centered approach to Yi’s description of learner-centered approach to online library teaching/learning explains online library teaching/learning explains constructivist trends.constructivist trends.This could be applied to the law library patron’s This could be applied to the law library patron’s information search and interactions with the library information search and interactions with the library materials and librarians.materials and librarians.

(Yi, 2005)(Yi, 2005)

Research DesignResearch Design

Constructivist approach to research and Constructivist approach to research and data analysis – what were the patron’s data analysis – what were the patron’s expectations and how were they formed?expectations and how were they formed?

Qualitative study of carefully chosen pro Qualitative study of carefully chosen pro se library patrons through questionnaire se library patrons through questionnaire and responsive questioning.and responsive questioning.

Johnson County Law LibraryJohnson County Law Library

Research ProcessResearch Process

ConsentConsent

Johnson County Law LibraryJohnson County Law Library Library Director and Library BoardLibrary Director and Library Board

Emporia State UniversityEmporia State University Committee of faculty advisorsCommittee of faculty advisors Application for Approval to Use Human Application for Approval to Use Human

SubjectsSubjects Individual participantsIndividual participants

Informed Consent DocumentInformed Consent Document

Data CollectionData Collection

QuestionnairesQuestionnairesPilot questionnairePilot questionnaireFinal questionnaire – one page long only, Final questionnaire – one page long only, some objective questions, some subjective, some objective questions, some subjective, with an invitation to elaborate furtherwith an invitation to elaborate further

InterviewsInterviewsOpportunity to illuminate written answersOpportunity to illuminate written answers

SamplingSampling

Defined populationDefined populationPro se patrons who come to the law library Pro se patrons who come to the law library NOT knowing specifically what they want/need NOT knowing specifically what they want/need to pursue their case.to pursue their case.Purposive sampling -- 25 participants identified Purposive sampling -- 25 participants identified by researcher through consultation with by researcher through consultation with librarianslibrarians

Script for approaching/inviting participantsScript for approaching/inviting participantsApproached at the end of their visit to libraryApproached at the end of their visit to library

Data AnalysisData Analysis

Descriptive statisticsDescriptive statisticsFrom objective questions – percentages, From objective questions – percentages, relationships of pairs of variables.relationships of pairs of variables.

CodingCodingFrom subjective questions and from notes and From subjective questions and from notes and transcripts of interview answers.transcripts of interview answers.

TimelineTimeline

September 2007 – form committee of September 2007 – form committee of three ESU SLIM advisors/professors; three ESU SLIM advisors/professors; complete literature reviewcomplete literature reviewOctober 2007 – submit Human Subjects October 2007 – submit Human Subjects form; obtain consent from Johnson County form; obtain consent from Johnson County Law Library; develop pilot questionnaire Law Library; develop pilot questionnaire and script for approaching/inviting and script for approaching/inviting participantsparticipantsNovember 2007 – test pilot questionnaireNovember 2007 – test pilot questionnaire

Timeline (cont.)Timeline (cont.)

December 2007 – develop final December 2007 – develop final questionnairequestionnaireJanuary-February 2008 – data collectionJanuary-February 2008 – data collectionMarch-April 2008 – data analysis; begin March-April 2008 – data analysis; begin writingwritingMay 2008 – complete writing May 2008 – complete writing June 2008 – submit for June 2008 – submit for publication/acceptancepublication/acceptance

ConclusionsConclusions

Results and conclusions of this research Results and conclusions of this research will likely tell us something about how will likely tell us something about how people seek information – in this case, the people seek information – in this case, the pro se litigant.pro se litigant.What preconceived expectations did they What preconceived expectations did they bring to the law library?bring to the law library?What do they seek from the library What do they seek from the library materials, from the librarians – information materials, from the librarians – information or “help”?or “help”?What do they find helpful and useful?What do they find helpful and useful?What is not helpful, even frustrating?What is not helpful, even frustrating?How can the law library provide better How can the law library provide better service?service?

Practical ImplicationsPractical ImplicationsThe results and written report of this research The results and written report of this research

will be of interest to:will be of interest to: Law librariansLaw librarians Pro Se advocacy groupsPro Se advocacy groups LIS studentsLIS students

The results of this research may help guide The results of this research may help guide law librarians in their treatment of pro se law librarians in their treatment of pro se library patrons. It will inform the reference library patrons. It will inform the reference interview process.interview process.

It may help shape policy in law libraries and It may help shape policy in law libraries and court administrative offices.court administrative offices.

There are a number of possible venues for There are a number of possible venues for publication: publication:

Law library journalsLaw library journals General LIS journals General LIS journals Master’s ThesisMaster’s Thesis

ChallengesChallenges

It may be difficult to get 25 people to It may be difficult to get 25 people to agree to participate – hence, the 2 month agree to participate – hence, the 2 month time allowance for data collection.time allowance for data collection.

Researcher must be sensitive to possible Researcher must be sensitive to possible personal, emotional and inflammatory personal, emotional and inflammatory nature of the questions when crafting data nature of the questions when crafting data collection instruments, and when collection instruments, and when conducting the research.conducting the research.

ReferencesReferences

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Cooperstein S.E. & Kocevar-Weidinger, E. (2004). Beyond active learning: Cooperstein S.E. & Kocevar-Weidinger, E. (2004). Beyond active learning: a constructivist approach to learning. a constructivist approach to learning. Reference Services ReviewReference Services Review, vol. , vol. 32, no. 2, pp. 141-148. Retrieved 10/09/2006 from Emerald database. 32, no. 2, pp. 141-148. Retrieved 10/09/2006 from Emerald database.

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References (cont.)References (cont.)

Healey, P.D. (1998). In Search of the Delicate Balance: Legal and Ethical Healey, P.D. (1998). In Search of the Delicate Balance: Legal and Ethical Questions in Assisting the Pro Se Patron. Questions in Assisting the Pro Se Patron. Law Library JournalLaw Library Journal, 90, 129. , 90, 129. Retrieved 10/10/2006 from LexisNexis Academic database. Retrieved 10/10/2006 from LexisNexis Academic database.

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References (cont.)References (cont.)Mosley, M. Jr. (1995). The Authorized Practice of Legal Reference Service. Mosley, M. Jr. (1995). The Authorized Practice of Legal Reference Service.

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Talja, S., Tuominen, K. & Savolainen, R. (2005). “Isms” in information Talja, S., Tuominen, K. & Savolainen, R. (2005). “Isms” in information science: contructivism, collectivism and constructionism. science: contructivism, collectivism and constructionism. Journal of Journal of DocumentationDocumentation, vol. 61, no. 1, pp. 79-101. Retrieved from Emerald , vol. 61, no. 1, pp. 79-101. Retrieved from Emerald database, 10/10/2006.database, 10/10/2006.

The Pro Se Law Center website, The Pro Se Law Center website, www.pro-selaw.orgwww.pro-selaw.org. Accessed 9/16/2006.. Accessed 9/16/2006.

Whisner, M. (2002). Teaching the Art of the Reference Interview. Whisner, M. (2002). Teaching the Art of the Reference Interview. Law Law Library JournalLibrary Journal, 94, 161. Retrieved from LexisNexis Academic , 94, 161. Retrieved from LexisNexis Academic database, 10/10/2006.database, 10/10/2006.

References, (cont.)References, (cont.)

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