Don't Forget Your Pen

I know you're out there. Those who walk into law libraries with a huge chip on your shoulder complaining that no one will help you and that the whole world is out to get you.  

So mad as hornets, you come up to the reference law librarian after being rejected by the court clerk, every administrative agency, the DA and PD, the Family Law Facilitator, the self-help coordinator and then, when you're standing in front of the the law librarian, who is trying to help you and is spewing forth words of wisdom, you stand there with mouth open and brain closed.

Such was the case the other day.  

Guy comes in all flustered and flummoxed claiming that no one will help him.  Seems that he had been renting a stall for his horse.  Seems, he sub-leased the stall to someone who had been paying the rent on the stall.  Seems, suddenly, that landowner decided he wanted the stall back and prevented Guy from stepping onto the land (on which the stall was located). 

So, technically, guy guy wants information on conversion and constructive eviction.  It's a stretch but he's running with it. So, I lead guy over to and suggest he look at:

• California Forms of Pleading and Practice (Lexis; Vol. 13, Chp. 150)
• AmJur Pleading and Practice Forms (TR; Vol. 16A §§ 251, 339)
• Proof of Facts (TR; 42 POF2d 317)

opened to the page(s), the chapter(s), the section(s), suggested he read a particular page, and......10 minutes later he was back at the front desk complaining that he didn't know what to do.  

Not know what to do?!?  I just spent 15 minutes explaining what you should do and you don't...wait,...you didn't write anything down, did you?  Well of course you don't know what to do because you can't remember what I said and now he's running out the door spewing obscenities and curses at the world because no one would help him. 

Well, isn't that just precious.

Then there was the couple that came in not long after Guy left.  Seems couple had lost their CPS claim (i.e. lost custody of their kids).  59 days later, they show up at the law library asking how to file an appeal.  Remember the 59 days as it will be important later.

So, lead couple over to the two (2) volume set of

• California Civil Appellate Practice (CEB)

and immediately lady's eyes glaze over and husband starts mouthing off that isn't this all free on the Internet?  I turned towards him and said, no, this isn't on the Internet.  Guy is sure it is and wants to argue and got pouty.  

Turning to lady, I try to soothe her and say that some chapters are not relevant to their case.  I start thumbing chapter by chapter showing what they should read and what they can ignore.  Five (5) minutes into it they walk away and storm out the door.

Remember the 59 days?  The thing with appeals in California, under Rules of Court 8.104, you must file your Notice to Appeal (which starts the appeals process) within 60 days or you lose your right to appeal.  Had couple given me a couple of minutes, I could have at least warned them about the rules of court so they would have been motivated to file something.

As it stands, they're probably going to permanently lose custody of their kids and be pissed off at everyone because no one would help them.  

Well, no one except their local county law Librarian who was trying to help before they flipped out.  Thing is, I get it.  Law is stressful.  It freaks people out.  That's why I speak slow and soft when dealing the those who are freaked out.

Anyway, I suspect the etika to this story is that if you think the world is out to get you (what with the giving of grief), know that your local county law librarian is available and willing to help you keep it together.

Whether you're willing to listen is up to you.