Page 25 - Delaware Lawyer -Spring 2021

New Castle County Law Library
to bound books, from the Dewey Decimal System to computerized cata- logs, libraries have always evolved with the introduction of new technologies to meet the changing needs of their patrons. What follows is a brief look at where public law libraries are, and where they may be heading.
The Digital Shift
Advanced technology will continue to play an increasing role in how we ac- cess and use legal information. Services such as Westlaw and Lexis have been with us for decades. In 1991, Delaware became the first state in the nation to use an electronic docketing and filing system for civil cases.1 These technolo- gies have only grown and expanded to include new areas of law and pro- vide more granular searching abilities.
While we can no longer say that we are surprised by our increased reliance on technology, the recent pandemic has emphasized this reliance, and revealed some opportunities that we might not have otherwise recognized.
A survey of 819 legal professionals conducted in April 2020 found that 80% of law firms had transitioned to work- ing remotely at least partially.2 A study from June 2020 found that 67% of legal professionals wanted to continue work- ing from home even after the pandemic ends.3 While this recent shift has been a response to the immediate crisis, it is not difficult to imagine that many of these changes will remain in some form even after the pandemic has passed.
Digitization and Access
The move to increased digitization grants some great opportunities, but it also creates some new barriers to ac- cess. The first is cost. Even assuming that everything we need can now be found on our laptops from the comfort of our homes, the cost of a compre- hensive Westlaw or Lexis package can be prohibitive for small firms and sole practitioners, to say nothing of pro se litigants. For practitioners, law librar- ies can serve as a place where they can find materials to supplement their own Westlaw or Lexis packages. This allows lawyers and other practitioners to save costs by paying for their most com- monly used materials while using the libraries to fill in the gaps.
The cost savings of using a law li- brary is even more important for the pro se litigant or curious layperson. Because services such as Westlaw and Lexis are largely absent from public libraries, public law libraries, such as the three Judicial Law Libraries in Delaware, be- come a crucial resource in providing a place where pro se litigants and the gen- eral public can research their own cases, helping to improve access to justice.
Persistent gaps in digital literacy are
another barrier to access. While we have more information available to us than ever before, and numerous databases and algorithms to help us to organize and sort through this information, the user must be familiar with the use of digital tools to make use of them. There is something to be said for human cura- tion and guidance. When you find your- self looking for a needle in a haystack, the fact that you now have access to more hay is not necessarily helpful.
Anyone who finds computers or digital resources difficult to navigate will start at an immediate disadvan- tage. A 2014 study found that 29% of American adults had low levels of digi- tal readiness. Unsurprisingly, the study found that those who are older, have less education and lower incomes were the least likely to be “digitally ready.” Put another way, the move to digital information technologies threatens to worsen existing inequalities.
Law libraries can help to fill this gap in digital readiness by helping to educate patrons on the use of digital resources. While we of course cannot conduct legal research for patrons, the librarians can provide technical assis- tance and guidance in using tools, both digital and print, that patrons may not be familiar with.
Finally, libraries are necessary to maintain the (still large) collection of materials that have yet to be digitized. The vast amounts of information avail- able online can create the illusion that everything is now available digitally, but this is simply not the case and likely never will be. Archival versions of the Delaware Code from over 30 years ago are difficult (when not impossible) to find digitally. The same is true of Court Rules and many unpublished opinions. Anyone who is looking for older prima- ry sources may find it difficult to track them down digitally. The law libraries will remain invaluable repositories of this archival information.
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