Welcome Welcome to the _________________ Library’s
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Welcome Welcome to the Librarys celebration of Law Day 2022. We are here because libraries are at the heart of our communities and justice is at the heart of our democracy. Introductions Attorney(s)Librarian Why is a
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01
Welcome Welcome to the _________________ Library’s celebration of Law Day 2022.
We are here because libraries are at the heart of our communities and justice is at the heart of our democracy.<br>
We are here because libraries are at the heart of our communities and justice is at the heart of our democracy.<br>
02
Introductions Attorney(s)/Librarian
Why is a Lawyer in Your Local Library? To talk about:
[OPTIONAL: Law Day 2022: Toward a More Perfect Union: The Constitution in Times of Change.
Access to Justice and why it is important to our communities.
Legal resources that may be available to you in your community and in Montana.
How to find and choose a lawyer when you have a legal problem.<br>
Why is a Lawyer in Your Local Library? To talk about:
[OPTIONAL: Law Day 2022: Toward a More Perfect Union: The Constitution in Times of Change.
Access to Justice and why it is important to our communities.
Legal resources that may be available to you in your community and in Montana.
How to find and choose a lawyer when you have a legal problem.<br>
03
What is Law Day? President Eisenhower first established Law Day in 1958, to commemorate the national dedication to the principles of government under law.
Law Day celebrates the role of law in our society and serves to cultivate a deeper understanding of the legal profession.
May 1 is the official date for Law Day, but many celebrations take place the week(s) before or after that date.<br>
Law Day celebrates the role of law in our society and serves to cultivate a deeper understanding of the legal profession.
May 1 is the official date for Law Day, but many celebrations take place the week(s) before or after that date.<br>
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[OPTIONAL: attorneys may CHANGE OR add Law Day 2022 content. The aba provides free planning guides and content at www.americanbar.org/groups/public_education/law-day/.]
Each year, a law day theme is selected to spotlight an aspect of law and its impact on our daily lives. Law Day 2022<br>
Each year, a law day theme is selected to spotlight an aspect of law and its impact on our daily lives. Law Day 2022<br>
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US Constitution The US Constitution is a dynamic document. It outlines a blueprint for government, delegates power, articulates rights, and offers mechanisms for change.
The US Constitution is neither perfect, nor completely thorough, as our nation’s history makes clear.
Legislation, court rulings, amendments, lawyers, and “we the people” have built upon those original words across generations to attempt to make the “more perfect Union” more real.
https://www.americanbar.org/groups/public_education/law-day/<br>
The US Constitution is neither perfect, nor completely thorough, as our nation’s history makes clear.
Legislation, court rulings, amendments, lawyers, and “we the people” have built upon those original words across generations to attempt to make the “more perfect Union” more real.
https://www.americanbar.org/groups/public_education/law-day/<br>
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US Constitution The effort to make the “more perfect Union” continues today, as leaders and citizens raise their voices to fulfill the promise of the US Constitution.
Defining and refining the words of the US Constitution might be our oldest national tradition, and how each of us works—together—toward a more perfect Union.
https://www.americanbar.org/groups/public_education/law-day/<br>
Defining and refining the words of the US Constitution might be our oldest national tradition, and how each of us works—together—toward a more perfect Union.
https://www.americanbar.org/groups/public_education/law-day/<br>
07
The Rule of Law Our democratic nation is based on all citizens having representation in government and on the “rule of law.”
Living by the rule of law means society has agreed to live by certain rules, such as sports teams agree to play with certain rules.
The rule of law means there are standards that apply to keep us safe, keep it fair, and let us prosper. For example, in the US our buildings are built in compliance with building codes and they won’t suddenly fall down on top of us; everyone must stop at red lights and usually we can assume they won’t run us down; our property is taxed according to formulas and we aren’t charged depending on how much the tax collector likes/dislikes us or how much of a bribe we give them.<br>
Living by the rule of law means society has agreed to live by certain rules, such as sports teams agree to play with certain rules.
The rule of law means there are standards that apply to keep us safe, keep it fair, and let us prosper. For example, in the US our buildings are built in compliance with building codes and they won’t suddenly fall down on top of us; everyone must stop at red lights and usually we can assume they won’t run us down; our property is taxed according to formulas and we aren’t charged depending on how much the tax collector likes/dislikes us or how much of a bribe we give them.<br>
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The Rule of Law & the US Constitution People who live in societies without the rule of law live in chaos, in danger, with unfairness, without justice. They often live according to the whims of the people in charge and according to how much in bribes they can pay to those in charge.
In our nation and our society, we continue to hold the principles of the rule of law as sacred. The nation’s primary law is the US Constitution.
The US Constitution principles of law are so important that not only must they not be violated, they cannot be changed without constitutional amendment. These principles include freedom of religion, freedom of speech, equal protection, and due process of law, among others.
https://www.uscourts.gov/educational-resources/educational-activities/overview-rule-law<br>
In our nation and our society, we continue to hold the principles of the rule of law as sacred. The nation’s primary law is the US Constitution.
The US Constitution principles of law are so important that not only must they not be violated, they cannot be changed without constitutional amendment. These principles include freedom of religion, freedom of speech, equal protection, and due process of law, among others.
https://www.uscourts.gov/educational-resources/educational-activities/overview-rule-law<br>
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US Constitution Courts have the job of interpreting the meaning of the US Constitution and the meaning of other laws.
Courts have the responsibility of following the principles of the rule of law and the constitution even when the result may not be popular with those involved or in their communities.
Courts must follow the constitution and other laws when making their decisions. They cannot impose their own personal beliefs but must always provide a legal basis for their decisions.
Attorneys and librarians can help make sense of the US Constitution and other laws and how they affect our lives.
https://www.uscourts.gov/educational-resources/educational-activities/overview-rule-law<br>
Courts have the responsibility of following the principles of the rule of law and the constitution even when the result may not be popular with those involved or in their communities.
Courts must follow the constitution and other laws when making their decisions. They cannot impose their own personal beliefs but must always provide a legal basis for their decisions.
Attorneys and librarians can help make sense of the US Constitution and other laws and how they affect our lives.
https://www.uscourts.gov/educational-resources/educational-activities/overview-rule-law<br>
10
Montana Constitution 2022 is the 50th anniversary of Montana’s Constitution!
Building on the US Constitution’s goals of a more perfect society, the Montana Constitution was adopted and ratified by the citizens of Montana in 1972.
Montana’s Constitution provides protections to Montanans regarding issues that we believe so important, such as the right to privacy and the right to a clean and healthy environment.
Many state and local organizations are holding special celebratory events regarding the Montana Constitution. Ask your library for information about this wonderful document and celebrations in your area!<br>
Building on the US Constitution’s goals of a more perfect society, the Montana Constitution was adopted and ratified by the citizens of Montana in 1972.
Montana’s Constitution provides protections to Montanans regarding issues that we believe so important, such as the right to privacy and the right to a clean and healthy environment.
Many state and local organizations are holding special celebratory events regarding the Montana Constitution. Ask your library for information about this wonderful document and celebrations in your area!<br>
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Access to Justice What does meaningful access to justice mean to you?<br>
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Access to Justice: True or False:
If I have a legal problem and cannot afford an attorney, one will be appointed for me?<br>
If I have a legal problem and cannot afford an attorney, one will be appointed for me?<br>
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Access to Justice: Mostly False:
This is only true in criminal cases where a person might be facing jail time and in a few other instances. In most cases the court does not appoint a lawyer if you cannot afford one.<br>
This is only true in criminal cases where a person might be facing jail time and in a few other instances. In most cases the court does not appoint a lawyer if you cannot afford one.<br>
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Going it alone. . . Unfortunately, many Montanans must navigate the often complex and confusing world of law by themselves.
The reasons include Montana’s natural geography, which means that attorneys and other legal help may be miles away, and that many low-to-middle-income Montanans simply don’t have the money to afford attorneys.
For example: A single parent fighting for the right to spend time with a son, a veteran who has been denied benefits, or an elderly woman facing foreclosure because of a predatory lending mortgage she signed but never understood.
None of these individuals have access to court appointed attorneys.<br>
The reasons include Montana’s natural geography, which means that attorneys and other legal help may be miles away, and that many low-to-middle-income Montanans simply don’t have the money to afford attorneys.
For example: A single parent fighting for the right to spend time with a son, a veteran who has been denied benefits, or an elderly woman facing foreclosure because of a predatory lending mortgage she signed but never understood.
None of these individuals have access to court appointed attorneys.<br>
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A Story After Jessie’s daughter died unexpectedly, all she wanted to do was take the best care possible of her grandson, Griffen. Then she got a letter saying his Social Security payments would be cut off, meaning he would not be able to access special services for his autism. She couldn’t afford an attorney. “I’ve always been a fighter, but this time I felt like the ground had gone out from under me.”
https://www.mtlsa.org/2020/01/10/jessies-story/<br>
https://www.mtlsa.org/2020/01/10/jessies-story/<br>
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Jessie got help . . . Luckily, a friend referred Jessie to the Montana Legal Services Association (MLSA). The MLSA attorney assisted Jessie in navigating the Social Security bureaucracy so she could continue to care for her grandchildren. Jessie located the necessary medical records and submitted the appropriate forms to help Griffen receive the benefits he qualifies for.
https://www.mtlsa.org/2020/01/10/jessies-story/<br>
https://www.mtlsa.org/2020/01/10/jessies-story/<br>
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The benefits Multiply this example by thousands, and you will see why access to the right legal resources saves. It saves jobs, homes, families, and it saves taxpayer dollars.<br>
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Do I Need an Attorney? Legal issues are often unexpected and important:
You got rear-ended and the insurance company sent a check for not nearly enough to repair the car. What can you do?
Your father died leaving an environmental nightmare at his metal plating business, and you are his heir. Where do you turn?
Your sister wants you to tap your 401(k) and lend her the money for her new restaurant. Is this a good idea, and how can you be sure you’ll be repaid?<br>
You got rear-ended and the insurance company sent a check for not nearly enough to repair the car. What can you do?
Your father died leaving an environmental nightmare at his metal plating business, and you are his heir. Where do you turn?
Your sister wants you to tap your 401(k) and lend her the money for her new restaurant. Is this a good idea, and how can you be sure you’ll be repaid?<br>
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Where can I get legal help? SEE THE HANDOUT!
The Court Help (Self-Help) Program provides free assistance with forms on common civil legal problems, such as family law and landlord/tenant issues. Locate at Center in your area by visiting www.courts.mt.gov/selfhelp.
Montana Legal Services Association (MLSA) is a non-profit law firm that provides free non-criminal legal information, advice, and representation to low-income Montanans. Apply for services at www.mtlsa.org/apply-for-services/ or by calling1 (800) 666-6899.<br>
The Court Help (Self-Help) Program provides free assistance with forms on common civil legal problems, such as family law and landlord/tenant issues. Locate at Center in your area by visiting www.courts.mt.gov/selfhelp.
Montana Legal Services Association (MLSA) is a non-profit law firm that provides free non-criminal legal information, advice, and representation to low-income Montanans. Apply for services at www.mtlsa.org/apply-for-services/ or by calling1 (800) 666-6899.<br>
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Where can I get legal help? (Cont.) Also on the handout.
MontanaLawHelp.org provides easy online access to civil guidance and forms, including a Self-Help Landing Page which assists with identifying legal issues and the resources available. Visit www.montanalawhelp.org
Ask Karla.org is a free and secure legal advice website run by the Montana Legal Services Association that offers low-income Montanans the opportunity to ask a simple civil legal question by email and receive an email advice reply from an attorney. https://askkarla.org/<br>
MontanaLawHelp.org provides easy online access to civil guidance and forms, including a Self-Help Landing Page which assists with identifying legal issues and the resources available. Visit www.montanalawhelp.org
Ask Karla.org is a free and secure legal advice website run by the Montana Legal Services Association that offers low-income Montanans the opportunity to ask a simple civil legal question by email and receive an email advice reply from an attorney. https://askkarla.org/<br>
21
Where can I get legal help? (Cont.) Also on the handout.
The Montana Legal Services Developer in the Office on Aging, provides elder law resources including legal referrals and basic help with legal documents or forms. Call (800) 332-2272 or visit www.dphhs.mt.gov/SLTC/aging/legalservicesdeveloper.
The State Law Library of Montana provides direction to general legal information, resources, and forms. See www.courts.mt.gov/library or call 406-444-3660.<br>
The Montana Legal Services Developer in the Office on Aging, provides elder law resources including legal referrals and basic help with legal documents or forms. Call (800) 332-2272 or visit www.dphhs.mt.gov/SLTC/aging/legalservicesdeveloper.
The State Law Library of Montana provides direction to general legal information, resources, and forms. See www.courts.mt.gov/library or call 406-444-3660.<br>
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Where can I get legal help? (Cont.) Also on the handout.
The Attorney Referral Service assists callers by helping them determining the legal needs of their situation, and by providing information, resources and referrals. Call (406) 449-6577 or visit the Bar’s website at www.montanabar.org/. Please note that not all attorneys may be listed with the referral service.
The Internet: Most Montana attorneys provide information about their services online. Using a search engine such as Google, you can often find names, telephone numbers, business hours, and information about attorneys’ practices by searching for a location, the type of issue you have, and the word “attorney” or “lawyer.”<br>
The Attorney Referral Service assists callers by helping them determining the legal needs of their situation, and by providing information, resources and referrals. Call (406) 449-6577 or visit the Bar’s website at www.montanabar.org/. Please note that not all attorneys may be listed with the referral service.
The Internet: Most Montana attorneys provide information about their services online. Using a search engine such as Google, you can often find names, telephone numbers, business hours, and information about attorneys’ practices by searching for a location, the type of issue you have, and the word “attorney” or “lawyer.”<br>
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How to pick a Lawyer: Get started soon – you will need time!
A lawyer may need time to get together facts and documents and time to prepare your case.
Some cases have time limits on when you can bring them to court or how long you have to reply.
Many issues get worse the longer you ignore them.<br>
A lawyer may need time to get together facts and documents and time to prepare your case.
Some cases have time limits on when you can bring them to court or how long you have to reply.
Many issues get worse the longer you ignore them.<br>
24
What happens when you first talk to a lawyer? Can a lawyer solve your problem in an hour? Hardly ever!
It takes time for you to explain your situation, for the attorney to ask all the necessary questions, and for the attorney to consider and discuss your options.<br>
It takes time for you to explain your situation, for the attorney to ask all the necessary questions, and for the attorney to consider and discuss your options.<br>
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Is What I Tell My Lawyer Confidential? Your attorney may not usually reveal anything you have said in confidence in the course of that relationship, unless you agree.
A client cannot ask a lawyer to violate the law, act unethically, take unreasonable or arbitrary positions against your lawyer's professional judgment, or do anything repugnant to your lawyer's own sense of honor and propriety.
A client also cannot demand that your lawyer endorse your political, economic, social, or moral views or activities.
https://www.montanabar.org/Public/Legal-Resources-FAQs<br>
A client cannot ask a lawyer to violate the law, act unethically, take unreasonable or arbitrary positions against your lawyer's professional judgment, or do anything repugnant to your lawyer's own sense of honor and propriety.
A client also cannot demand that your lawyer endorse your political, economic, social, or moral views or activities.
https://www.montanabar.org/Public/Legal-Resources-FAQs<br>
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Private Attorneys The Rules of Professional Conduct govern the conduct of lawyers. They provide guidelines for setting legal fees. These include:
The time and effort involved
Difficulty of the case and the skill needed to conduct it
Results obtained for the client
Whether or not the matter is contingent on recovery
Customary charges of other lawyers for similar services
How frequently the client works with the attorney
The Rules of Professional Conduct also point out to lawyers that the legal profession is a branch of the administration of justice, and not merely a money-making trade.
In certain types of cases the court may impose a statute or award attorney fees and costs when one party is successful.
www.montanabar.org/.<br>
The time and effort involved
Difficulty of the case and the skill needed to conduct it
Results obtained for the client
Whether or not the matter is contingent on recovery
Customary charges of other lawyers for similar services
How frequently the client works with the attorney
The Rules of Professional Conduct also point out to lawyers that the legal profession is a branch of the administration of justice, and not merely a money-making trade.
In certain types of cases the court may impose a statute or award attorney fees and costs when one party is successful.
www.montanabar.org/.<br>
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Limited Scope Representation: Limited scope legal assistance is when a lawyer handles only some parts of your case, and you handle the rest.
Limited scope legal assistance may cost you less money.
Lawyers are required to give you an agreement in writing. The agreement should say what the lawyer will do for you and how much it will cost you.
You have the right to know exactly what you are paying for. You have the right to discuss and bargain the proposed fee.
www.montanabar.org/<br>
Limited scope legal assistance may cost you less money.
Lawyers are required to give you an agreement in writing. The agreement should say what the lawyer will do for you and how much it will cost you.
You have the right to know exactly what you are paying for. You have the right to discuss and bargain the proposed fee.
www.montanabar.org/<br>
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Q&A Please remember that I cannot give individualized legal advice to anyone during this question and answer session, but I will be able to answer general questions about legal issues, procedures and resources.
Please do not share personal information. No individualized legal advice will be provided.<br>
Please do not share personal information. No individualized legal advice will be provided.<br>
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Thank you! Please complete an evaluation form.
Return the form to the Library.<br>
Return the form to the Library.<br>
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More information? Check with your Library for information on finding legal resources in your community!<br>