Legal Resources for MVLS Member Libraries
Recommendation: all libraries should have a local attorney who is committed to represent the library and its needs in the local environment. Even when issues seem to be bigger than the local area, regional officials, such as district attorneys, have broad authority in their districts, and having access to that authority, through a local lawyer, is important. A local attorney can also often best advise the library in specific contract, local government, and other potential issues. Please note that this local attorney should not be a board member. It is fine to have an attorney on your board; but that board member will have conflicts of interest in serving as your official counsel.
At the same time, since library law is sometimes complex and arcane, it is also helpful to have access to resources and expertise that won’t be familiar to most local attorneys. In other words, in addition to a local attorney, libraries will sometimes need a legal team that includes additional attorneys with specialized knowledge.
Here are some sources for getting additional, library focused, legal advice:
Contact MVLS - We are not lawyers, and can’t give legal advice; but we have access to, and familiarity with, some of those specialized legal resources. And if your question has system-wide implications, it is fairly common for MVLS to pay the bill to access some of that specialized knowledge.
The Handbook for Library Trustees in New York State - May answer many of the questions that libraries may have on general library legal issues. Don’t forget to consult the appendices. The Handbook is available here: https://nyslibrary.libguides.com/Handbook-Library-Trustees.
Free general library legal resources - Available for all libraries. Please note that although they are real legal resources, they don’t count as actual legal advice.
Ask A Lawyer Service - This is a statewide initiative to provide libraries of all types with answers to general library law questions. Anyone can access the questions and answers at: https://wnylrc.org/services/askservices/raqs. Additional helpful information is here: https://wnylrc.org/services/askservices/resources. Please contact MVLS with any questions on the Ask A Lawyer service, including if you would like to ask your own question.
State Library legal information - The New York State Library, a part of the State Education Department, maintains several general legal resources for libraries. You can access those materials here: https://www.nysl.nysed.gov/libdev/fundlaw2.htm
Law firms with library specialties - When a library needs legal representation that is more specialized than their own local attorney can provide alone, there are two options used by libraries all across the state. MVLS has used both.
Stephanie “Cole” Adams is the Ask A Lawyer consultant, and has specialized in law for libraries. https://www.stephaniecoleadams.com/lawyer-to-librarians
Whiteman Osterman & Hanna is a large Albany law firm. They have two attorneys who specialize in libraries: Ellen Bach and Robert Schofield. In addition, as a large firm, they have attorneys with nearly any specialty a library may need, from the 1st Amendment to building and zoning issues. https://www.woh.com/