Have you ever heard of a legal desert? A food desert is an area where there are no affordable, fresh foods within reasonable distance. Legal deserts face a similar challenge: a lack of lawyers who can serve the needs of rural communities. This lack of lawyers can have a negative impact on people’s health, just as it does in food deserts.
Legal deserts are counties with fewer than one attorney per 1,000 residents. Legal deserts make up 40% of all counties in the United States. These are mostly rural counties. Rural counties simply don’t have enough lawyers.
A county must have at least a prosecutor and a public defense attorney, as well as a judge, in order to maintain a minimally functional criminal justice system. Private attorneys often serve as public defenders, and they are hired to represent indigent defendants under contracts. Rural areas are prone to conflict of interest due to their interconnectedness. Due to conflicting interests, a case with several defendants may require multiple lawyers. The small number of attorneys available to serve this community is put under pressure.
A rural lawyer’s lack of specialization, or the lack thereof, is a challenge. Rural attorneys are generally more generalists in their practices, but it is not realistic to expect them to handle any case or issue competently. There may only be one lawyer in an area that can handle a case involving a highly-specialized area of the law. Conflicts of interest may arise if the specialist worked for an opposing party. This is more common in smaller communities. These factors may limit the client’s ability to find competent representation.
A rural client might have to travel a distance to see their lawyer, as lawyers are concentrated in county seat and larger communities within the county. The client’s inability to obtain transportation or leave from work can make it difficult for them to receive legal services. Video conferencing and remote notarization can be helpful, but some clients may prefer to meet in person.
Rural bar is “graying” as well. Many attorneys are nearing retirement and there is no younger attorney willing to take their place or move to rural areas to fill the gap. Some attorneys will hold on to their practice longer than intended, out of loyalty to clients.
The stress on lawyers who provide civil legal assistance and public defense is higher in rural areas because poverty is more prevalent. Legal issues that are not resolved can cause the loss of essentials in life, such as housing, employment, or support for children. Unresolved issues can cause health problems, such as stress, or even the loss of housing or health insurance. We tend to think about access to justice in terms of crises and litigation. However, many legal issues can be avoided by seeking legal advice before they arise. It is therefore important to tackle legal deserts.
What are some ways to address the legal deserts we face?
We can provide sufficient funding for public defenders and contractors who do public defense to ensure they have a reasonable work load and can meet the needs of clients indigent. A reasonable workload and pay will also encourage more lawyers to move into rural areas.
A lawyer used to a more urban environment may find it difficult to adjust to the rural lifestyle. Students can be encouraged by law schools to do an externship in rural areas before moving to a new area for a permanent job.
By offering courses that are relevant to rural areas, law schools can encourage their students to work in rural communities. Concord Law School, Purdue Global offers a Rural Law Practice course that can be taken anywhere on the internet. Online law school can be a great way for rural lawyers to stay connected with their community.
The technology can help extend the reach of rural lawyers to larger communities. Legal aid clients will especially benefit from this. I answer legal questions online as a volunteer for clients in my home state, Minnesota. Legal kiosks allow people without internet access or other technology to get legal help and, in some cases, to attend online legal meetings. These kiosks can be located in local nonprofits and community centers, where rural clients are more likely to have access.
Other strategies do not necessarily depend on technology. To address rural legal issues, licensing requirements for attorneys could be changed to give them more flexibility. State bars can encourage lawyers to relocate to rural areas by offering stipends. Bar associations and law school can create legal incubators to assist attorneys in launching rural law practices. Even justice buses, or “bookmobiles” for law, are available to provide legal aid in rural areas.
Partnerships between medical professionals and lawyers can help promote access to justice. A medical professional working alongside a legal aid attorney increases the likelihood that a patient will seek legal assistance. It helps to prevent the health risks that are associated with unresolved legal issues.
Legal deserts are not always obvious to city dwellers. However, in aggregate they pose a serious challenge to the health, economy and social fabric of the country. Not only must they be addressed to ensure justice for rural areas, but also to strengthen the nation as a entire.
The article Resolving the Legal Desert Problem first appeared on Attorney at Law Magazine.