Fundamentals of Reference

(Marvins-Underground-K-12) #1
Reference Service in Special Subjects 87

Another element of any reference interview is citing the source of the
information provided. In the area of health or medicine this is especially cru-
cial. As reference librarians, we work with the well-chosen, reputable books
and online sources in our collections, and we know how to evaluate the cred-
ibility of websites. Citing these materials is an essential and should never be
omitted from the reference process.


legal reference


Just like reference service dealing with health or medical topics, reference
service to patrons with questions about the law requires special consideration.
Although these questions may not be a matter of life and death, their circum-
stances may be just as critical. In addition, as Newkirk Barnes writes, there is
the possibility of crossing a legal line:


Reference librarians have to treat legal questions with special care.
Generally speaking, reference librarians are not licensed attorneys,
so they are not qualified to practice law. Giving legal advice or inter-
preting the law when one is not qualified to do so may constitute
unauthorized practice of law (UPL), a felony in some states.^4

Barnes goes on to say that “when faced with their users’ legal questions, refer-
ence librarians have to strike a delicate balance between facilitating access to
legal information and actually interpreting it.”^5
In other words, when answering a question related to the law, the refer-
ence librarian should concentrate on providing information, or access to it,
not on providing advice or even suggestions on how to use that information.
In this area, the goal is to supply the information and let the patron decide
how to use it. Even providing information can sometimes come dangerously
close to providing legal advice. For example, in demonstrating how to use an
index, don’t use the patron’s particular question as an example; instead, use
something unrelated and let the patron then decide which terms to use in a
search. Keeping the explanation general, concentrating on the “how” rather
than on the “what” enables the patron to conduct his or her own research and
the librarian to avoid providing legal advice or engaging in UPL.
Charles J. Condon offers “nine strategies for avoiding the unauthorized
practice of law.” Among them are “avoid lengthy and detailed interviews of

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