Law Libraries as Special Libraries: An Educational Model

THISARTICLE SUMMARIZES the history of the law library profession and the development of the educational model for law librarians. The American Association of Law Libraries’ (AALL) Guidelines for Graduate Programs in Law Librarianshifi is analyzed in light of the current education model in law librarianship. The key characteristics that define law library careers in the private sector are scrutinized with reference to the current educational environment and the AALL policy. Trends and their impact on these characteristics point to the nature of law library education in the foreseeable future. INTRODUCTION The purpose of this article is to examine the broad educational environment of law librarianship in light of the particular demands and needs of the law librarian employed by the nation’s corporations and law firms. This exploration can best be done by looking at the history of the profession of law librarianship and the educational model derived from that history. Then, the most recent policy statement of the profession that defines law librarian competencies will be analyzed. Key characteristics of private sector law librarianship are analyzed in light of the current educational model. Finally, this article will note trends that will influence the shape and direction of the educational model for law librarians in the future. The first law libraries were private collections of law books owned by practicing lawyers and judges. As the body of American law began Penny A. Hazelton, Marian Gould Gallagher Law Library, University of Washington School of Law, 1100 NE Campus Parkway, JB-20, Seattle, WA 98105 LIBRARY TRENDS, Vol. 42, No. 2, Fall 1993, pp. 319-41 8 1993 The Board of Trustees, University of Illinois 320 LIBRARY TRENDS/FALL 1993 to grow in the early 1800s, bar libraries were organized. These subscription libraries required membership in the bar association or club in order to use the collections. This type of law library was dominant in the nineteenth century, though some academic law libraries existed. By the dawn of the twentieth century, the concept of public law libraries had firmly taken hold. Most of these libraries were formed to give judges, state officials, attorneys (who were not members of a bar library), and private citizens access to legal materials. Founded as court, county, and state law libraries, these public law libraries were organized and structured in a myriad of ways. Some were part of the court system, some served legislative bodies, some were established as independent county entities, some were departments within the state library system, and some were created as independent state law libraries. The law schools founded in the early 1800s relied on the goodwill of local practitioners and their alumni to provide access to the law. Most law libraries in academic institutions got their start through a gift of an attorney’s private law book collection. This tradition continued until the early 19OOs, when a huge increase in the number of law books published and an increased demand for research materials forced law schools to devote more time, attention, and financial resources to their law library collections (Brock, 1974). Corporate and private law firm libraries were in their infancy in the early twentieth century. In fact, the first law firm librarian was elected president of the American Association of Law Libraries in 1961. Elizabeth Finley joined AALL in 1939, when only one other law firm librarian was listed on the membership rolls (Houdek, 1983, p. 8). Some growth in the number of private law libraries was experienced beginning in the 1950s, but the unprecedented growth in the number of private and corporate law libraries occurred in the mid-1970s and continues today. This historical development of law libraries has significantly influenced the educational model for law librarianship by emphasizing the importance of a legal education over any other. But the mere existence of law libraries did not create the profession of law librarianship. A profession requires people-in this case, law librarians. Since the development of the earliest of the bar libraries precedes, by nearly 100 years, the development of library science education programs, who were the custodians of these first law libraries? Some early law librarians were actually custodians or janitors, and some were lawyers interested in developing collections of legal materials to support their areas of practice. These practitioners had the knowledge base and a very practical interest in assuring that HAZELTON/LAW LIBRARIES AS SPECIAL LIBRARIES 321 early law libraries contained collections of the law books needed for their work. Still other early law librarians were connected with state law libraries and responsible for distribution-sometimes publication-of primary legal materials such as court reports and state laws. This lack of educational requirements posed no problem since the management and administration of the law library of the nineteenth century was a relatively straightforward task, of ten merely a custodial one. Where subject expertise was needed, lawyers were its providers. It was not until the first information explosion in legal publishing in the late 1800s and early 1900s that the administration and management of law libraries started to become a more complex and time-consuming task. Larger law library collections, increasing competition among legal publishers, and poor access to this larger body of legal information caused law librarians to band together to try to cooperatively solve some of their problems. In his article on “AALL History and the Law Library Professional,” Frank Houdek (1991) postulates that “[olne seeking to understand the role of the modern law library professional must examine the beginnings of the American Association of Law Libraries (AALL) because its history is so intertwined with the development of the profession” (p. 19). Indeed, most would acknowledge the beginning of the profession of law librarianship as coterminous with the formation of AALL. The perception of those who gathered in 1906 to discuss the possibility of forming a new association was that there was “no other organization then existing whose principles fitted our particular branch of library work ...” (Small, 1931, p. 12). These pioneers were firmly convinced that they needed to find a way to make “[law] librarianship a profession rather than simply holding a job” and that a new “organization was necessary for the advancement of the libraries and cooperative work among the law librarians” (Small, 1931, p.12). AALL was created on July 2, 1906 as an independent organization separate from the American Library Association (ALA). From a membership of twenty-five librarians representing twenty-five different law libraries (ten state law libraries, seven bar law libraries, seven academic law libraries, and one corporate law library) in 1906, AALL has grown to an organization of over 5,000 law librarians representing more than 1,600 law libraries. Rapid growth in the private sector in the last fifteen years has changed the demography of the association permanently. The proportion of academic law librarians between 1906 and 1992 has remained relatively constant (28 percent and 30 percent respectively), while the number 322 LIBRARY TRENDWFALL 1993 of law librarians in the private sector has increased from 4 percent to 44 percent. Just as staggering is the decrease of bar, county, court, and state law librarians from 68 percent in 1906 to 26 percent of the total membership of AALL in 1992. The fact that many of the first law librarians were lawyers has significantly affected the educational credentials of law librarians past and present. This, in turn, has shaped the educational model in law librarianship. A SHORTHISTORY FOR LAWLIBRARIANS OF EDUCATION The educational model in law librarianship has both formal and informal components. The formal education is represented primarily by the educational degrees acquired by law librarians. Informal education occurs at many levels, including on the job and in professional development workshops, seminars, and other educational programs. Historically, higher education of any kind was not required, although degrees in law and other disciplines were common in law librarianship. Gradually, the library science degree has become the predominant postgraduate degree earned by law librarians and required by employers, though many law librarians also have a law degree. The development of formal education in law librarianship needs to be seen on a continuum. In the beginning, people with degrees in law or some experience with legal materials were the norm. Gradually the profession began to think that graduate educational programs should play a more important role in preparing people for careers in law librarianship. With the increasing complexity of the law and legal materials, many began to understand that the education provided in law schools could not provide a librarian with basic competencies, except what was learned about the law itself. The logical place to insert this educational goal was in the growing library science programs and not in law schools. Thus the formal education of law librarians really begins in the courses and programs developed as part of schools of library science. One of the early proponents of the value of a library science education, Frederick Hicks (1926), said: It has always been my contention that the only important difference between law library work and other kinds of library work is that which results from a different subject matter and a different clientele. The underlying principles of library economy and technique are the same in all libraries ....Training in the general principles of all these phases of library work is given in library schools, and should be the basis on which to build such knowledge as is peculiarly useful in the respective special libraries or departments. (p. 66) By 1936, this view (the value of library science education for law librarians) was still being championed by such leaders in the field as Arthur Beardsley (1936) who argued that: HAZELTON/LAW LIBRARIES AS SPECIAL LIBRARIES 323 Training in library science uncovers those latent powers which may be possessed by a librarian but which are not developed because of a lack of familiarity with the sources and materials of research. It aids him in applying “imagination to his law library problems.” It systematizes the procedure used in rendition of service, fosters and increases the efficiency of library organization and administration. (p. 8) The earliest formal independent course in law librarianship identified by Morris Cohen was a series of lectures given by Frederick D. Colson at the New York State Library School in Albany in 1913. Prerequisite to registering for this series: the student must have studied law. In 1937, Miles 0. Price began to teach a course in law library administration, which covered legal bibliography and research in depth, at Columbia University School of Library Service. Prior law training was not required (Cohen, 1962, p. 194). In 1939, Arthur Beardsley started a new graduate program leading to the degree of Bachelor of Arts in Law Librarianship at the University of Washington School of Librarianship. This program, which required four special law librarianship courses and practical experience in a law library in addition to the normal library science curriculum, continues today. A law degree has always been required for admission to the program, but any library science student may take the specialized courses offered (Goldsmith, 1990). From these beginnings, the profession of law librarianship begins to emerge. As of 1990, “over 32 (62 percent) of the 52 ALA-accredited library schools offer at least one course in law librarianship. Moreover, there are eight law schools and library schools offering joint degrees (JD and MLS) and 13 library schools that offer a specialization or concentration in law librarianship” (Hazelton, 1990, p. 278). Growth in the number of law libraries in the private sector (1970s1980s), as well as the academic sector (1960~-1970s), resulted in a shortage of qualified law librarians. The increase in law librarianship courses and concentrations, as well as the creation of joint JD/MLS degrees, began to respond to this market demand. In recent years, the number of students going to law school has markedly increased, while job opportunities for the practice of law have increased only slightly. This situation has encouraged many students and practicing lawyers to consider alternative careers. Some choose to get a library degree and enter law librarianship. The result is that an employer can often hire a law librarian with both degrees, even when the employer may have been satisfied with only the library degree. Formal education in law librarianship is a part of many graduate programs in library science today. Opportunities for graduate education on a full-time or part-time basis are available, and the 324 LIBRARY TRENDUFALL 1993 prospective student may choose from a wide array of programs that offer one to five specialized law librarianship courses as part of the curriculum. Many programs also have a practicum or fieldwork component to give students some experience in a law library setting. Development and availability of these special courses in law librarianship were stimulated by the realization that a legal education alone did not properly prepare a student for a career in law librarianship. Many who worked in the law libraries of the early twentieth century had no library science training and were reluctant to embrace the notion that appropriate education for law librarianship required library science course work. But, in the end, library science has been embraced by the law librarianship profession. The debate now is similar to that of the early years-the necessity of the standard threeyear law degree for the practicing law librarian (Hambleton, 1991; Oakley, 1989). Law librarians have always been profoundly concerned about the definition of the law librarian in educational terms. An effort to formulate some professionwide educational standards began as early as 1935, but i t was not until 1965 that AALL created a voluntary certification program (Brock, 1974,p. 358). These standards permitted nearly any combination of education and experience to qualify a person as a Certified Law Librarian (American Association of Law Libraries [AALL], 1967). The certification program was abandoned in 1983 due to a concern over AALL's tax-exempt status (Price, 1984, p. 124). Because of the scarcity of formal law librarianship programs in the late 1800s and early 19OOs, most law librarians learned what they needed to know on the job. As the law library environment became more complex, as law libraries grew rapidly in size, and as users demanded more sophisticated services, some law librarians realized that formal educational programs were necessary. But even though the association could not agree on the educational standards of its profession, law librarians did not hesitate to create a network of informal educational opportunities to fill the void. This educational function was one of the primary reasons that the American Association of Law Libraries was founded. The annual meeting of AALL created the opportunity to educate the members on issues of mutual interest and concern. From the early meetings, where one or two programs were planned, each AALL annual meeting now boasts over seventy different educational offerings, including panel discussions, roundtables, town meetings, keynote speakers, and workshops. In 1937, AALL held its first institute, a one-day meeting on law library administration, thus HAZELTON/LAW LIBRARIES AS SPECIAL LIBRARIES 325 providing another forum for informal education. Today, at least two institutes, lasting three to four days, are held in conjunction with the annual meeting, and an additional institute is held each winter. Another important development occurred in the late 1930s which has given law librarians even more opportunities for continued education. In 1937, ten law librarians met at the University of North Carolina and agreed to organize the North Carolina Law Librarians. This group became the first chapter of AALL in 1939. Membership in AALL is not required for chapter members, and these local and regional groups have become important forums for the exchange of ideas, cooperation, and education. There are now thirty chapters of AALL, most of which meet several times a year for educational purposes. Many cities have informal local groups of law librarians that are not yet official chapters of AALL. These groups also sponsor educational programs and other cooperative ventures. And, in many locales, the local chapter of the Special Libraries Association (SLA) has provided local educational programming for law librarians. The early educational model in law librarianship emphasized a legal education as the primary qualification for careers in law libraries. This is not to say that all law librarians had law degrees, only that when talking of standards or qualifications, the law degree was considered the primary postgraduate degree. Those law librarians without degrees learned what they needed on the job. The model, then, had a possible formal component, the law degree, and informal components through learning in educational programs or on the job. The model today has a clear formal component-the library science degree is nearly always required, while the law degree, except in academic and some court and bar libraries, is not considered as important. Most employers are not interested in a person with a law degree alone, although some are hired with the assumption that a library degree will be earned. In addition to these formal educational requirements, a substantial network of informal educational opportunities through AALL, its chapters, SLA, and other professional library organizations, as well as on-the-job learning, complete the educational model in law librarianship. As the number of law librarians in the private sector increased (primarily in the 1970s), they began to demand more relevant educational programming. The formation of many of the local city and state groups of law librarians, some of which have become chapters of AALL, was a direct result of the need for a forum to share concerns, work cooperatively to solve problems, and provide educational experiences. The creation by AALL of special interest sections in 1976 was a direct response to criticism that AALL did 326 LIBRARY TRENDWFALL 1993 not meet the educational needs of special groups of law librarians, particularly the private law librarian group. Many of the changes we see in the educational model are a direct result of the growth and importance of the private sector in our profession. Many law firms and corporations used untrained secretaries and paralegals to manage their law libraries. As the world of information became increasingly important and more complex (especially with the addition of computerized databases and systems), law firms recognized the need to hire better qualified managers. These private organizations were looking primarily for managers of growing departments and saw graduate library training (or substantial law library experience) as an essential qualification. Legal education was not necessarily sought since the firm or corporation presumably had a host of law-trained employees at its fingertips. In fact, legal training was often considered a detriment (why would someone choose to be a librarian instead of a lawyer unless they were not good enough to practice law?). Fortunately, not all firms and corporations were so narrow minded, and many of the law librarians in the private sector have law degrees, some with the financial and administrative assistance of their employers. AALL GUIDELINES PROGRAMS FOR GRADUATE IN LAW LIBRARIANSHIP The American Association of Law Libraries has recently grappled once again with the question of educational standards for the law librarianship profession. In 1987, the American Library Association, as part of its review of library school accreditation standards, asked professional organizations representing specialized library interests to formulate guidelines that could be used in the accreditation process. Although ALA was not willing to accredit specializations and concentrations in various library school programs, ALA felt that individual organizations representing their profession could draft guidelines that would assist administrators and curriculum planning. The result of this request was the creation of a Special AALL Educational Policy Committee, chaired by Judith Wright, director of the University of Chicago Law Library. The committee was composed of law librarians from all types of law libraries, and the result was the creation of the “Guidelines for Graduate Programs in Law Librarianship” which was approved by the AALL Executive Board in November 1988 (see Appendix). Although these guidelines apply only within the framework of law librarianship courses and programs in graduate schools of library and information science, they do represent the profession’s most recent attempt to articulate the educational standards for all law librarians, HAZELTON/LAW LIBRARIES AS SPECIAL LIBRARIES 327 regardless of the type of law library in which they are employed. In addition, the guidelines are a good checklist of what a librarian should attempt to acquire in an educational program. It is fair to say that many law librarians learned these general and subject competencies in informal ways, through educational programs, as well as on the job. In that sense, these guidelines represent the ideal. To what extent teachers of law librarianship courses or deans of library schools have actually used these standards to plan courses and specialization tracks is unknown. Because of the purposes for which these guidelines were drafted, the committee was able to sidestep the question of whether a law degree is required for the practicing law librarian. The committee tried to articulate what competencies were important for law librarians but did not dictate how these competencies should be acquired. Thus, the implication is that if the student (without a law degree) wishes to go into law librarianship and enters a library school program which has few or no courses in legal bibliography or law librarianship, that student should consider other avenues for acquiring subject competency in the law. These alternatives may include law school, AALL and chapter programs on substantive law and legal research, on-the-job training, and selected law school courses. The guidelines are divided into two parts-general competencies and subject competencies. General competencies include reference and research services, library management, collection management, and organization and classification. Subject competencies recognize the critical role played by the origins and development of the law by requiring knowledge of the U.S. legal system, the legal profession and its terminology, the literature of the law, and law and ethics. The guidelines purposely do not recommend that a specific number of law librarianship or other classes be offered in a library school program. There was no intention to prescribe a program for those schools offering a concentration or specialization in law librarianship. The guidelines were written to be as flexible as possible, since they need to be applied to a wide variety of institutions and programs. The committee also wanted these guidelines to articulate standards for librarians practicing in all types of law libraries. Interestingly, the general competencies appear first in the guidelines document. This arrangement could be seen as a commentary on the relative importance of library science vis-A-vis the law. Or this order could be a mere acceptance of the fact that library science education is now a clearly accepted qualification for the practice of law librarianship. This arrangement certainly reflects a recognition that the guidelines themselves were being drafted to aid the ALA and library schools in evaluating the quality of law 328 LIBRARY TRENDWFALL 1993 librarianship offerings. Thus the quality of law librarianship courses is measured first against the purposes that graduate library education seeks to achieve. As suggested earlier, the actual use of the guidelines adopted by AALL is unknown. At least two commentators have analyzed these guidelines, particularly in light of the balance which must be struck between sound library science education and appropriate knowledge of the law for those who wish to practice law librarianship. In his article, Robert Oakley (1989), director of the Law Library and Professor of Law at Georgetown University Law Center, argues that law library educational programs need to be enriched. “In my judgment, library education should endeavor, not just to teach competencies and methodologies, i t should also develop habits of mind, ways of reasoning and problem solving, and a skill in working and living in the constantly shifting information environment” (p. 149).