If a librarian provides a patron with legal advice instead of legal information the librarian may have engaged in the unauthorized practice of law and may negatively effect the patron.
Patrons must conduct their own research, apply it to their own situation, reach their own conclusion, and determine their own legal course of action.
Librarians role is not to conduct legal research for patrons, to interpret their research or apply the law to their particular facts, or to recommend a particular procedure or course of action.
The chart below distinguishes legal information from legal advice.
|
Legal Information |
Legal Advice |
|---|---|
| Asking only information necessary to help a patron access relevant legal information while remaining neutral about the patron’s legal problem | Providing an opinion or advice on the application of a particular law or legal course of action |
|
Directing a patron to a book or legal dictionary to find the meaning of a legal term |
Explaining what a legal term means |
| Teaching a patron how to use legal materials and how to conduct effective legal research | Conducting legal research for a patron |
| Showing a patron how to use indexes and how to conduct keyword searches to locate laws and cases and form books | Telling a patron which laws and cases apply and which forms to use and how to complete them |
| Helping a patron find books on procedures for a particular court (showing her how to find what to do) |
Telling a patron which steps to take, what to file, and in what order (telling her what to do) |
Ask Clarifying Questions
It may not always be clear whether the patron is asking for legal advice or legal information. However, asking clarifying questions can ensure the librarian understands the question being asked and allows the librarian to rephrase the question into a request for legal information.
Credit: Griffin Darwin, 2026 J.D. and M.I.L.S. Candidate
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