The Reference Desk – March 2012

In the column below, reprinted with permission from the AALL Spectrum, former reference librarian, Liz McCurry Johnson, provides her perspective regarding the use of mobile technologies during meetings.

Q: My boss just had a conversation with me about the exact type of behavior your last column addressed: using a smart phone during meetings. However, she brushed it off as another generational difference. Then she commented that the millennial generation doesn’t know how to communicate face-to-face, so she expects us to be rudely attached to our devices at all times. I’m outraged, because I take my smart phone into meetings for multiple reasons: 1) to check the time so that I stay on schedule, 2) to look up information as questions arise, and 3) to check my schedule if future meetings need to be arranged. How do I bring this issue back to my boss so that she doesn’t see me as immature and rude?

A: I agree that you need to address this issue with your supervisor. She not only seems to have made broad assumptions, but she also seems unwilling to investigate other viewpoints. That sort of rigidity could thwart the healthy conflict of communication that often leads to creative ideas and solutions. I think this goes beyond merely dealing with multiple generations in the workplace. I’ve asked my friend and former co-worker, Liz McCurry Johnson, for guidance. Liz is the chairperson of AALL’s Gen X/Gen Y Caucus, as well as a reference librarian at Wake Forest University in Winston-Salem, North Carolina.

Liz says: “As with anything in life, you have choices. You could stay mad at your boss and continue to take your smart phone into meetings. But by ignoring the situation, you run the risk of creating a bigger rift between yourself and your boss. And it doesn’t allow you any personal growth opportunities.

“Another option is that you could merely stop taking your smart phone into meetings. Changing your behavior here may have some effect on your boss’s perspective, meaning she may believe that her message was effectively communicated, but on the flip side, you force yourself to figure out alternative methods of organization that you previously relied on your smart phone for, such as scheduling and timekeeping. Additionally, I don’t generally recommend avoiding conflict situations like these because they tend to breed frustration and more tension between colleagues.

“The choice that I would recommend would be one that opens up a conversation rather than sticking to discrete changes in behavior. I would encourage you to use this situation as a learning opportunity for you and your supervisor. When you approach your boss about the situation, make sure you couch the conversation as a positive discussion about how you use your technology to improve your efficiency in the workplace. This may be an opportunity to learn how she manages her projects and communicates during meetings. Conversely, it may also open up a conversation where you can teach your boss about a new technology or skill you implement in the workplace.

“Also, keep in mind that your boss may not be the only person impacted by your behavior. Other people, including firm managing partners or deans, may be in meetings where it appears you are distracted by your electrical device rather than engaging in the discussion. So when you are using your smart phone or electrical device in meetings, be mindful of the impact or appearance that you are having on the other meeting attendees. Always heed the meeting rules, which may or may not set guidelines for using technology during meetings. If there are no clear rules established at the beginning of the meeting, I would suggest specifically asking about smart phones and laptop use. I’m sure those who don’t want them to be used will be vocal in their responses. 

“In any meeting, I would encourage you to first listen to the conversation, add your valuable points respectfully, and then, when you are ready to pull out your smart phone, expressly comment why you’re using it. For example, a simple ‘Let me check my schedule on my phone,’ or ‘Does anyone mind if I take notes on my phone? I’ll be happy to email them out to the group afterwards?’ clears any ambiguity in the situation. By explaining to your colleagues the rationale behind using the device, you open the door to many other opportunities.

“And last, in my opinion, it doesn’t matter to which generation you belong; it is generally rude to stick your nose in a smart phone or mobile device without acknowledging the action rather than actively engaging in any conversation. More than anything, though, keep in mind technology can be intimidating to people, so try to keep it fun, exciting, and an opportunity to share ideas!”

This isn’t the first time I’ve turned to Liz for her point of view. I appreciate her emphasis on open communication. Please take her advice to heart. I would like to hear how others are incorporating technology into the workplace and are engaging in learning and teaching between staff on technology issues. Let’s continue this discussion because I would love to hear what kinds of conversations are being had between generations on technology and staff relations. We are all learning from one another.

~Susan Catterall~

The Reference Desk – Feb 2012

“The Reference Desk” is a regular column featured in the AALL Spectrum.  The column below originally appeared in the December 2012 issue and is reprinted here with permission.

Q: One of our staff members brings a cell phone to our staff meetings and is constantly texting the entire time. I’m irritated beyond belief. This is so rude and disrespectful. He’s even done it once, to a less obvious degree, when we’ve met with our library partner. No one will say anything!

A: I sense your frustration, but I’m not sure what your question is. Are you looking for permission to say something, either to your colleague or to his/your supervisor? Do you need confirmation that his behavior is disrespectful and rude? Both answers come down to communication, followed by degrees of respect and courtesy.

Is his behavior rude and disrespectful? My instinct is to say “yes”; however, I’m basing that on the standards my elders set for me. For my parents, and for my generation to some extent, meetings were conducted by, and respect was shown to, the person who had the “talking stick.”   However, times change, and as much as I’d like to paraphrase Potter Stewart and say that we know rude, disrespectful behavior when we see it, it isn’t always that easy anymore. More collaborative styles of management, relaxed business etiquette, and an increasing use of technology have all played a role in transforming the way in which meetings are conducted.  This doesn’t mean that civility has been thrown out the window; it does, however, mean that the rules are still evolving.

Many businesses have adopted sets of meeting rules or ground rules. It’s a good idea to begin every meeting by having an attendee review the rules as a reminder to the staff and to inform any guests. This places everyone on the same page and is a critical “communication” piece. However, policies at different businesses vary. Some rules forbid the use of cell phones and mobile devices entirely. Some are more flexible and permit the courteous use of wireless devices. In any case, once the rules have been recited, everyone present will know what the expectations are.

If your library doesn’t have a policy, or if you believe it would be difficult to institute one, then by default it’s up to the individual who “owns” the meeting to make the rules. That person should set the expectations, either verbally or by modeling the behavior. I’ve observed judges who’ve set specific rules for courtroom decorum, and I’ve seen professors who’ve insisted that students shut their laptops and put mobile devices away during class. Those individuals own the meeting, and they get to make the rules.

Is your colleague being rude and disrespectful? Again, it depends. I mentioned that I inherited my values from my parents, who were raised during the Depression. I’m a baby boomer who now shares my work space with multiple generations. Much has been written about the collision of work ethics and values when multi-generations work side by side. For example, what happens if the individual who “owns” the meeting has his or her smart phone sitting on the table and frequently glances down at it? Is this the new norm? This illustrates why communicating expectations is so essential.   

I asked you earlier if you were looking for permission to say something to your colleague. If so, then my answer depends on several factors. If you’re running the meeting or holding the “talking stick,” then, yes, you should definitely say something. Hopefully by defining the meeting rules for all attendees, you won’t need to have a one-on-one conversation.

Is his behavior personally irritating to you, or are you his supervisor or designated mentor? If you aren’t his supervisor or his designated mentor, I would caution you against giving him unsolicited advice, regardless of your good intentions. However, try to reflect on the reasons his behavior irritates you. Do you find his texting distracting? Do you find his multitasking annoying? Reflect on the reasons before you speak. Whatever the reasons are, you will need to find a way to address them before things escalate and you say something you regret. It takes courage to enter the conflict zone. Keep heated emotions and blame out of the conversation, and speak from your point of view. For example, you might say, “When you text, I feel____.”    

You might best help him and yourself by remembering that so much of this is new ground for all of us, and we need to be nice to each other and ourselves. Good luck.

~Susan Catterall~

A Competent Lawyer Will Keep Current with Technology

Recently the American Bar Association revised its model rules, specifically addressing the need for an attorney to keep current with advances in technology.  The change in rules was proposed by the ABA’s Commission on Ethics 20/20 and was adopted during the annual meeting, held in Chicago, August 2-7. The affected Model Rule 1.1 speaks to the importance of an attorney understanding the “benefits and risks associated with relevant technology.”   As stated in the Report to the ABA House of Delegates, “[A] lawyer would have difficulty providing competent legal services in today’s environment without knowing how to use email or create an electronic document.”

The impetus behind the changes had everything to do with developing a set of guidances to assist attorneys in not only representing their clients, but in understanding how to maintain the confidentiality which corresponds to competent representation.  The American Bar Association has made practice resources available through its Legal Technology Resource Center.  Its Law Practice Management Section’s eLawyering Task Force has also provided resources.  The amended Model Rules have rounded back and have now imposed a duty on attorneys to embrace technology.

So how has Charlotte School of Law addressed the need to remain knowledgeable regarding technology and the practice of law?  In July, the library staff conducted two student focus groups which addressed how students were accessing legal resources.  Another purpose of the focus groups, moderated by Adjunct Professor and Reference Librarian, Cory Lenz, was to ascertain which legal apps students were accessing through mobile phones and tablet technology.  This evaluation has been continued into the fall semester by the Advanced Legal Research class.  As part of the class, every ALR student is evaluating a specific legal research app and will post the evaluation to the CSL Library blog.  So watch this space!  In the interim, please take a look at the “There’s an App for That”  research guide, created by Metadata & Serials Librarian, Ashley Moye, and available on the Library’s electronic resource page.

~ Susan Catterall ~

Candidates, Elections and Movies – Oh My!

As we should know by now, Charlotte is bracing for the arrival of the DNC.  Whether you’re actively involved in the convention, a by-stander or a collateral observer, this convention has the potential to be a game-changer for our city and likely for our country.   Even if  you’re not into this particular convention, you might enjoy reading about real or fictionalized election campaigns.  If so, check out “Political books: Strange truths and fun function” by Pam Kelley in the  Charlotte Observer.  If you’re more of a movie junkie, you might be in the mood to watch one of the following classic movies:

My personal recommendations include:

“State of the Union” (1948)  starring Spencer Tracy, Katharine Hepburn and Angela Lansbury.  Angela Lansbury is the newspaper magnate and lover of Spencer Tracy, a married, WWII decorated hero who convinces a naïve Tracy to run for office and then manipulates his campaign.  Katharine Hepburn portrays the wife.

“All the President’s Men” (1976).  Robert Redford and Dustin Hoffman star as Bob Woodward and Carl Bernstein, the two Washington Post journalists who uncovered and investigated the events of the Watergate break-in.  The break-in became the scandal that brought down President Nixon.

“All the King’s Men” (1949)  shouldn’t be confused with the Redford/Hoffman movie or with the 2006 remake.  Look for the one staring Broderick Crawford and based on the book by Robert Penn Warren.  It’s a fictionalized account of Louisiana’s Huey Long.

“The War Room”(1993), a documentary of Bill Clinton’s presidential campaign.  This provides a behind-the-scenes look at the campaign operations and prominently features campaign manager, James Carville, and press spokesman, George Stephanopoulos.

“The Seduction of Joe Tynan” (1979) staring Alan Alda, Barbara Harris and Meryl Streep. The screenplay, written by Alda, depicts a U.S. Senator whose affair with attorney, Streep, threatens not only his marriage, but his political career.  This may not land on anyone’s “best political movie” list, but I’ve always  enjoyed it because it features the likeable Alda, one of Streep’s  first major roles, and a classic story about egotism and corruption.

“Primary Colors”(1998) stars John Travolta and Emma Thompson in roles thinly based on Bill and Hillary Clinton.

If these movies, don’t interest you, try another list and enjoy.

• Neal Gabler’s Ten Great Political Films
• “The Campaign” and Four More Movies About Serious Politics”
• “Roll’Em! Our Favorite Political Movies”

~Susan Catterall~

The Autonomous Collective

If as the saying goes, “there is strength in numbers”, then collective nouns must be the brawniest of nouns.  A collective noun is one word which designates a group (itself a collective noun) of “something” and thus permits the group to be spoken of as one unit.  Collective nouns are a part of our everyday speech:   a board of directors, a band of brothers, a host of angels, and, appropriately enough given the expected arrival of the DNC in Charlotte, a slate of candidates.

The collective nouns with which we are most familiar are those encompassing groups of animals, such as herd of elephants, flock of sheep, brood of hens, pride of lions, etc.  “Terms of vernery” are specific collective nouns which define groups of animals.  Illustrations include: a school of fish, a litter of puppies, a pride of lions and a pod of seals.

James Lipton (author and dean emeritus of the Actors Studio Drama School at Pace – yes, that James Lipton of “Inside the Actors Studio”) was so captivated with the little-known collective nouns that he researched and published a compilation, An Exaltation of Larks, in 1968.  The book contains both real terms and those created by Lipton.   It has been frequently reprinted over the years and has inspired a game by which individuals create their own collective nouns.   I became enthralled by the various collective nouns for birds – a murder of crows, a charm of finches and, of course, an exaltation of larks. I was inspired to create my own collective nouns including:

A fret of guitarists

A sheath of dresses

And a re-boot of technologists.

And so, the game continues…

~Susan Catterall~

Adaptability and Long Term Value Creation

Many summers ago, after my sophomore year in college, I abandoned the Midwest in order to spend the summer working as a waitress in a coastal inn near Portland, Maine.   The inn, which was nearly 100 years old, was quietly and confidentially, “on the block.”  Presumably the owners either lacked the resources to maintain all of the long-time customs associated with the inn or didn’t have sufficient vision with which to guide the inn into the future.

I, along with the majority of the staff, lived in dormitories and cottages on site.  (Try blending the movies “A Summer Place” and “Dirty Dancing.”)  Despite having been raised inland, I loved being near the ocean.  However, after having had attended a Big Ten university and having lived in co-ed dorms, I was startled and uncomfortable by the rigorous adherence to segregation among the staffs.  This existed not only along race lines, but within the races, by type of employment.  It carried over to living quarters, dining privileges and uniformed attire.

I recall that I was permitted in the inn only twice – once when I arrived and presented myself at the front desk and a second time when, along with the entire dining room staff, I trooped down to the basement and hauled furniture into the dining room.   Before the inn opened, the dining room staff swept the floor, washed the windows and hung the curtains.  We brought the tables up to the dining room and scrubbed them off.  Each waitress was responsible for changing her own table linen, busing her tables and washing her own crystal and flatware.  A handful of college kids worked alongside hotel professionals – those who worked the winter season in Florida and the summers in Maine and New Hampshire.  We worked seven days a week, with only every other lunch hour off.  Many of us had no car and depended upon those who did.  My assigned roommate’s family lived nearby and I frequently accompanied her home.  Otherwise, my precious spare time was often spent hiking along the cliff walk or riding my roommate’s bicycle.

My mind is jam-packed with memories of that summer.  The professional waitresses took me under their collective wings.  The guests, most of who were “mature” and “moneyed” took a genuine interest in the little girl from the Heartland and what had brought her east.  And to my surprise, I learned that my parents had been correct and that hard work wouldn’t kill me. In fact, I took pride in my accomplishments and felt as if I were contributing to quality of the inn – as if I were making a difference.  It was an eye-opening summer and one which has remained very special to me.

I recently returned to this inn as a guest.  The years had brought about some major changes, the biggest one being that the staff did not live on the premises.  The dormitories, cottages and even the auxiliary guest villas had been torn down and some of the land sold in order to fund renovations to the inn.   There were no uniformed elevator operators, bellmen, laundresses or chauffeurs.  In addition, there has been a relaxation in standards of dress and an overall eroding of caste distinctions.  The focus of the inn has become events and cuisine. Yet, one may still be assured of beautifully appointed rooms, afternoon tea service and daily wine-tastings.  Because it has been willing to adapt to changing times and needs, the inn has moved graciously into the present century while retaining its hallmark qualities.

I couldn’t help but compare that historic inn to Charlotte School of Law.  The inn has stood for well over 100 years and Charlotte School of Law is only in the early stages of its life cycle. Yet both entities have been fueled by the vision of their respective founders, the hard work and dedication of their staffs and a desire to create something of long term value.

~Susan Catterall~

You Don’t Look Like a Librarian

“You don’t look like a librarian.”  Really?  And what does a librarian look like?  We all know the answer to that – glasses, comfortable shoes and a big bag for schlepping books around.  Despite recent additions to popular culture (think Noah Wylie’s take on the Indiana Jones style character in The Librarian,  Rubert Giles on Buffy the Vampire Slayer and Batgirl’s day job as librarian, Barbara Gordon),  the image of a librarian is arrested in time, in mid-century. (River City, Iowa’s Marian from The Music Man).   Even major car manufacturer, Honda, couldn’t displace that image, when in the mid-90s, it introduced a print ad to promote its Accord V-6 Coupe, with the tag line, “the automotive equivalent of a really hot librarian.”  (Seriously?  This has to be some sort of oxymoronic joke!)

Author, Ruth Kneale counters many of these observations and stereotypes in her  book , You Don’t Look Like a Librarian: Shattering Stereotypes and Creating Positive New Images in the Internet Age.   There is even a website designed to accompany the book.

Despite their reputation as “shushers,” most librarians are good sports and enjoy poking fun at their own stereotypes.   (Real life librarian, Nancy Pearl, was the model for the librarian action-figure with the “shushing finger.”)

Many of these images have become reinforced through movies.  So, take a moment and review some of the movies that have cemented the image of librarians as we know (and love?) them.  You might be surprised.

Librarians Save the Day: 11 Great Movies in Which They Star

Movie Librarians: Notable Librarians and the Libraries in Films

~Susan Catterall~

Blogs – They’ve Come A Long Way!

A blog posting about blogs?  Go figure!

Since 2007, the American Bar Association has listed its favorite 100 “Blawgs.”  (The term “blawg” originated with Denise Howell, an attorney at the Reed Smith firm.) Readers are invited to go to the ABA Journal website and vote for their favorite blogs in each category before the close of business on December 30^th.  There are 12 categories to choose from and by registering, one is able to obtain 12 votes for 12 different blogs.  If you’re not sure of what blogs are available to choose from, you can access the BLAWG Directory and view by topic, author type, region, or law school.

Very few of you need to be brought up to date, but here goes.  Blog is short for web log. At one time, blogs were equated with online journals.  They’ve become popular because anyone can start a blog. You don’t have to be a website developer or invest a lot of time or money. Over the years, blogs have become more specialized and are often linked to online resources.     Another site, in addition to the ABA BLAWG Directory, for locating law-related blogs is www.blawg.com.  The directory is arranged topically and there is a category for “Law Libraries and Research.”

Not all blogs/blawgs are created equally.  What is the role of a blog in our profession?  Not all blogs qualify as scholarship, yet almost everyone is beginning to see that blogs have an important role to play in conveying information.   J. Robert Brown in his December 21, 2009 “The Influence of Law Blogs on the Judicial Process,” noted that judicial law clerks are using blogs to prepare their judges for oral argument or to draft opinions.  He theorized that blogging “can be a form of post-oral argument analysis.”

I understand that Supreme Court clerks …often check the blogs that cover their cases.  Appellate lawyers are aware of this practice, and, as a result, blogging is sometimes used as a kind of back-door, post-argument supplement briefing. In most appellate courts, particularly the Supreme Court, the court will only very rarely allow the filing of a post-argument brief to address an issue that arose during oral argument. However, since bloggers discuss and comment on the oral argument in prominent cases, and since the clerks (and possibly the Justices themselves) read these posts, the blogosphere can serve as a vehicle to, in effect, continue the oral argument or supplement the briefing.

Let’s return to the topic of choosing favorite blogs as part of the annual ABA Journal survey.  There are too many to choose from.  The three I recommend are:

• SCOTUSblog, which is useful when searching for news and analysis regarding the U.S. Supreme Court;
• 3 Geeks and a Law Blog , which is coordinated by law librarian, Greg Lamber, discusses developments in research, law libraries and knowledge management.  This is often the site to monitor when information vendors release new products, such as WestlawNext;
• Above the Law, which covers lawyers and the business of law. During 2009, this blog was often the go-to site to learn which firms were quietly laying off employees in massive numbers.

There are too many good (and not as good) blogs out there to monitor.  It can’t be denied that blogging is affecting how information is disseminated, even in the legal profession.

~Susan Catterall~

“Two Southern Boys Play Las Vegas” and Other Presidential Library Surprises

2003.025: "The Southern Boys Play Las Vegas" by Kristen Helberg. Oil painting on canvas of Bill Clinton playing the saxophone and Elvis Presley playing the guitar. Elvis's guitar neck has "Elvis Presley" on it. Both are wearing white "Elvis-style" jumpsuits. This painting is currently in the "Elvis" exhibit on the ground floor of the Clinton Presidential Center.

Earlier this year, the Clinton Presidential Center, in Little Rock, AR sponsored two special exhibitions honoring Elvis Presley.  The exhibitions featured Artist Kristen Helberg’s fanciful depiction of the musical collaboration between a saxophone-playing Bill Clinton, former U.S. President, and Elvis Presley, the King of Rock and Roll, with both “Southern Boys” attired in Elvis’s signature jumpsuits.  Personally, I was gratified to learn I wasn’t the only one who appreciated the similarities between the two men and that my conviction that Presidential libraries offered something for everyone was apparent.   I was also disappointed not to have seen the painting myself.   I had the privilege of visiting the Clinton Presidential Center in the spring of 2005, only six months after it had opened.  I say privilege because those attending the annual conference of the Southwestern Association of Law Libraries had the library to themselves.

The first Presidential Library I ever visited was the Truman library in Independence, MO.  My parents, sister and I were taking a long weekend trip and what was to be our last family vacation, celebrating my graduation from grad school and my sister’s graduation from undergrad.  We all had differing agendas for the trip and stopping at the library on our way into greater Kansas City was a compromise.  It was also a great success.  There really was something for everyone: cars, fashion,  gifts from foreign heads of state, photos, campaign memorabilia, awards, art work  and, of course, presidential papers.  President Truman and his wife are buried on the grounds of his library and museum.  I subsequently learned that with the exception of John Kennedy, Lyndon Johnson and Gerald Ford, every U.S. President since Hoover has been buried near his respective Presidential Library.

As it happens, President Harry Truman was instrumental in the development of the Presidential Library system as we know it today.  He encouraged Congress to pass the first of several acts concerning the preservation of presidential papers and the creation of presidential libraries.  Truman, however, was not the first to create his own library. Many former Presidents (or their heirs) often took charge of their own papers.  Many donated them to the Manuscript Division of the Library of Congress or made arrangements with other societies.  The widow of James Garfield, for example,  created a Memorial Library wing to the family home in Ohio, which is operated by the National Park Service and the Western Reserve Historical Society.

President Franklin Roosevelt donated his personal and Presidential papers to the federal government, creating the formal template for Presidential Libraries.  It was his conviction that a President’s papers were of historical importance and should be available to the public.  Roosevelt not only donated his papers, he pledged part of his Hyde Park, NY home to the government and his friends created a non-profit corporation to fund the construction of a library and museum.  President Truman echoed  Roosevelt’s belief that Presidential  materials should be made available to the public.  He not only followed the model which Roosevelt had created,  but his efforts paved the way for Congress to pass several acts which would facilitate the on-going creation of Presidential  Libraries.

In 1955, Congress passed the Presidential Libraries Act of 1955. This act created a system of libraries which were built with private funds and which are maintained with the support of the National Archives and Records Administration(NARA). This act encouraged other Presidents to donate their papers and other historical materials to the government.  It also helped guarantee the preservation of Presidential papers.  Additional legislation which enabled the system of Presidential Libraries to grow included: The Presidential Records Act of 1978, The Presidential Libraries Act of 1986, and the Presidential Recordings and Materials Preservation Act of 1974. Additionally,  Executive Orders 13489 and 12958 helped to ensure the preservation of presidential papers.

As with any museum, the mission of the respective Presidential libraries and museums is to educate and to position the achievements of each president in a historical context.  Of course, the individual president (or his friends and heirs) also hope to provide the “other side of the story” or a balanced perspective.

For example, at President Gerald Ford’s museum and library one will find information regarding Ford’s pardoning of Richard Nixon and his plan to grant clemency to those individuals who dodged the draft.  In addition to evidence of the president’s efforts toward healing and compassion, one may also view a uniform and medals, returned by an individual in protest of those decisions.    The libraries and museums of both Richard Nixon and Bill Clinton also attempt to juxtapose achievements and controversy.   In other words, the libraries and museums of the respective presidents are not only worth noting, but worth visiting.

~Susan Catterall~

Office Products 101: Ending Stapler Abuse

“I once threatened to make all law students complete a course and be certified in proper stapler use before they could touch ours.”

It appears that concerns, such as the one expressed above, by the library director of a western state’s school of law, have sent ripples through the law school community and have reached the collective ear of the American Bar Association Standards Review Committee and the American Association of Law Schools, the two organizations which oversee accreditation standards for law schools.  Rumor has it that in the not-so-distant future, these two revered bodies will propose a change in core curricula, one that will require students to complete a course in Office Procedures, including units on Equipment Selection, Anger Management and Civility.

Civility, of course, has been a long standing issue within the legal profession. No precise definition of “civility” exists, although almost everyone agrees that the concept encompasses politeness. To paraphrase Justice Stewart, we know civility (or, rather, incivility) when we see it. Law schools, courts and bar associations have grappled with ways to structure standards of civil conduct for lawyers.  Historically, civility has referred to conduct between attorneys, or between an attorney and the court.  In recent years, however, the focus has been expanded to address the behavior of attorneys when dealing with non-attorneys.  Now, in an attempt to stem abuse, civility standards are being applied to the treatment of office products by law students.

Why now? During a recent online discussion, several law library directors shared their eye witness accounts of office product abuse.  As with the classic question, “which came first, the chicken or the egg?”, directors pondered whether stapler abuse resulted from students’ frustration at being given inadequate equipment, or whether law schools are failing to cultivate courtesy and civility as core character traits.

Several directors recounted incidents involving students, whose under-developed spatial skills prevented them from assessing the quantity of paper that staplers could handle.  Directors witnessed students standing on or beating staplers.  The director of a noted southern law school library reported that his library’s “last stapler was broken by a student who stood on it in a vain attempt to force it to staple through 80 pages…It looked like someone had tried to force it through a garbage disposal.”

That same director recalled a brutal assault by a student who attempted to force feed hefty quantities of paper to an innocent stapler.  “When it wouldn’t work, he took off his shoe – I kid you not – and hammered the stapler until its industrial-strength, Kevlar-like housing broke and a metal piece bent, rendering it useless…The stapler was a sorry, shattered version of its former self.”

 A common question among library directors was whether anyone knew of a stapler that would survive frequent interaction with law students. A director, whose office was adjacent to a photocopier room, was horrified by what she witnessed.

 ”My location…meant that every day and evening I was serenaded with loud banging sounds and colorful and imaginative swearing and yelling of every description as library users abused the staplers whenever they jammed or didn’t work properly — the most common forms of abuse I observed included banging them on the counters, hammering on them with shoes, throwing them to the floor and stomping on them, etc…. I am a first-hand witness to why no stapler yet invented, even the most heavy duty industrial strength variety, lasts for very long.  I think the stapler abusers would argue that they were provoked into these violent actions by unruly and uncooperative stapler performance.”

Often the abuse occurred at night or at a time when there were no professionals available to stage an intervention.  As the director of a mid-western law library noted, “It seems like no stapler can survive law students! I have arrived in the morning to find staplers that have been bent and even ones that have been dismantled.”  Another director observed, “I swear, the military needs to tap into the sheer destructive force of law students.”

In addition to mangled and broken office products, directors lamented their kidnapping and disappearance.  Some tried to shield their staplers by concealing them in drawers and surrendering them only when students demanded it.  Others attempted to tether the staplers within a protective environment by chaining them to the circulation desk or copier.  However, one director bemoaned this practice, saying, “We put good staplers out on chains, and it’s like staking out a goat for a tiger.”  Oh the inhumanity of it all!

Therefore, in response to concerns such as those expressed above, the ABA and AALS are reviewing syllabi that would combine elements of experiential education with an ethics/civility undertone. Students would gain the practical skills needed in order to remain competitive in the workplace while at the same time learning to temper their emotional response to “crises.”

Library directors are being encouraged to submit suggestions. Already, one director has advocated that there be a “bring your own stapler” requirement for law students.  Another director urged that “naming your staplers would encourage students to be gentler with them.”  As a result, it was recommended that the course include a unit modeled after “Marriage and Family” classes.  During orientation, students would be assigned a stapler, rather than an egg, sack of flour or baby doll.  The student would then be responsible for  the stapler’s nurturing and welfare during the student’s law school career.  Any accident or death would be thoroughly investigated and may result in a trial before a jury of the student’s peers.  Other suggestions included projects such as  tracking the migratory habits of office supplies, creating tutorials on the proper care of particular office supplies, and evaluating and selecting office products for specific environments such as libraries, law firms, courthouses, etc.

If the proposed course becomes mandatory, it’s likely that the Multistate Professional Ethics Exam will one day include questions on the proper care and handling of office supplies.

 (With gratitude and apologies to the Law Library Director’s Listserv and to the director who forwarded the suggestion which was the basis on this posting.  All the quotes are real, but the names have been removed to project the innocent.)

 ~Susan Catterall~