Interesting article from Bloomberg today
Accessing the justice system isn’t easy for most Americans. However, it’s especially difficult for those living in rural communities. Many rural counties in the US have fewer than one lawyer per 1,000 residents. This ratio is insufficient to meet the needs of the residents and is often referred to as a “legal desert.”
There are a number of barriers to accessing justice in rural communities:
- Rural attorneys are “graying,” meaning attorneys nearing retirement are not replaced by younger attorneys in sufficient numbers.
- Just as in other parts of America, the poor and middle class have difficulty affording a lawyer. However, poverty is more common in rural areas, so it presents an even greater barrier.
- Rural residents often have to travel considerable distances to attend court or meet with a lawyer. Public transportation is often not available, making it harder on the economically disadvantaged. Even if there are a reasonable number of attorneys in a county, they might be quite some distance from people in more distant rural areas. Also, the attorneys available may not have the expertise the client is looking for.
- Reliable and high-speed internet access, which can help address transportation issues, is not as commonly available in rural areas. Even when clients have high-speed internet, clients from rural areas may prefer to meet in person with their lawyer. Lawmakers are working to improve access to high-speed internet in rural areas, but it will take time to achieve.
- A lack of legal advocacy interferes with continuing access to other basic needs, such as housing, medical care, and child support. Indeed, unresolved legal issues exacerbate health issues.
- Policy makers in counties, states, and at the federal level often don’t consider the unique needs of rural areas when passing laws and regulations.
- Rural populations are becoming more diverse, and some attorneys already in practice may not have the practical skills or cultural competency to serve new populations, like immigrant communities in rural areas who don’t speak English as a first language.
Array of Legal Issues
While legal issues in rural areas include agricultural, land use, and fish and wildlife regulations, rural communities also face legal disputes similar to other jurisdictions. Landlord-tenant law issues are common and can be exacerbated by a lack of alternative rental housing. Immigration issues come up more frequently than one might think, as rural areas become more diverse. Likewise, employment issues, including those for farmworkers, can crop up.
Family law and criminal defense issues are also common. Criminal defense can be uniquely challenging due to the impact of the opioid crisis on rural areas, and ethical conflicts which may arise for attorneys. Farms and other small businesses also have succession issues that require legal services.
Challenges to Rural Practices
A lawyer from an urban or suburban area practicing in a rural area may miss the services, convenience, and culture, as well as the higher average incomes of urban life. Conversely, of course, there are many aspects of rural life that recommend themselves, such as the lower cost of living, more relaxing pace of life, sense of community, and access to nature.
Transportation, technology, and poverty issues may also make it harder for rural residents to pursue a legal career to represent those in their communities. Those who are able to attend law school may not return to practice in the rural area once they graduate.
What Law Schools Can Do
In order to overcome the challenges of increasing legal representation in rural areas, law schools can develop courses and seminars relevant to the needs of rural communities such as Concord Law School at Purdue Global’s Rural Law Practice course.
Career services at law schools can encourage students to extern in rural areas. This will help students better understand the needs of rural communities and to get to see if they would like to live in a rural area, as well as gain mentorship from practicing attorneys. Law schools can also offer incentives such as loan forgiveness for students who commit to practicing in rural or underserved areas.
Universities should also consider offering law school online so that prospective attorneys can continue to live and serve in their communities during law school. Many who leave rural areas to go to school do not end up moving back.
Legal educators should also advocate for portable attorney licenses so that licensed attorneys can more easily move to states that need lawyers, particularly in rural areas.
Reducing legal deserts will result in stronger, more resilient communities—and, in the aggregate, a stronger society and economy nationwide.
This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.
Author Information
Shaun G. Jamison is the associate dean of academic affairs at Concord Law School at Purdue University Global, the nation’s first fully online law school. He grew up in rural Minnesota.
Hannah Catt is an adjunct professor at Concord Law School at Purdue University Global, and also works in private practice in Fayetteville, Arkansas.
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