June 27, 2024
A legal desert is a lawyer shortage in a rural community where there are few to no options for legal representation. There are a variety of reasons for such a shortage. Lawyers tend to be concentrated in urban areas. The few lawyers who are available may work for the government and not be available for private practice. Transportation and associated costs are a burden to those living in rural areas. This lack of attorneys promotes even more self-represented litigants (SRLs). Using Geographic Information Systems (GIS) mapping technology, NCSC created a resource to assist state courts in identifying, understanding, and quantifying legal deserts.
While virtual hearings have helped save time, transportation issues, and costs to litigants, some rural areas have no internet service or unreliable service. These areas may even lack cellphone service. Some courts have started improving access to justice in rural communities by implementing programs that increase the chances of bringing more lawyers or law school students to rural areas, whether in person or virtually.
- Law students: The University of South Carolina operates the Palmetto LEADER, a mobile law office where law students assist pro bono attorneys providing free legal services to rural and underserved communities. The mobile bus visits locations based on factors like poverty data and access to legal services. The Illinois State Bar Association’s Rural Practice Initiative Committee created two programs, one that connects law students with rural practitioners and the other that places recent graduates in rural law firms. Similarly, the NCSC’s CLEAR initiative examines the burdens on public interest and government organizations in hiring and retaining attorneys and the challenges law school graduates face entering and staying in roles that meet the legal needs of underserved communities.
- Attorneys and CLE credit: The Colorado Lawyers Committee’s partnered with the Access to Justice Commission and the Colorado Judicial Branch to create the Virtual Pro Se Clinic. The clinic is located at public libraries and provides free virtual legal assistance to SRLs. The participating lawyers receive technical training in virtual software and guidance on ethical issues related to SRLs. Attorneys receive CLE credits for their volunteer time. The Georgia Legal Services Program provides pro bono services over the phone for civil legal matters in rural areas to those who cannot afford it. The lawyers choose the types of civil cases for which they are proficient. The program hosts volunteer lawyers and provides free or at-cost CLE training.
- Student loan repayment: In addition to CLE credit, another incentive for lawyers to work in legal deserts is repayment of law school loans. The Ohio Rural Practice Incentive Program is a state-funded initiative administered by the Ohio Department of Higher Education. “Lawyers who commit to a minimum of three years and up to five years in an underserved community can receive up to $10,000 per year toward student loan repayment.” For more than ten years, South Dakota has committed to assuring access to attorneys through the Rural Attorney Recruitment Program. The program has placed attorneys in 26 counties and offers financial incentives to attorneys who practice in designated areas for at least five years.
How is your court improving access to justice in rural areas? For more information, see NCSC’s Rural Justice Collaborative or contact Danielle Hirsch. Follow the National Center for State Courts on Facebook, X, LinkedIn, and Vimeo. For more Trending Topics posts, visit ncsc.org/trendingtopics and subscribe to the LinkedIn newsletter.