Even most attorneys enjoy a good lawyer joke. But there’s nothing funny about the shortage of access to legal representation for rural residents across the United States. And where people cannot find representation, they have a difficult time accessing justice.
According to a 2020 survey by the American Bar Association (ABA), there are on average four attorneys per 1,000 people nationwide. If you have a suspicion this isn’t evenly distributed, you’d be right. Think about this:
- New York City has 14 attorneys for every 1,000 people
- Connecticut has nearly 6 for every 1,000
- Iowa—with a slightly lower population than Connecticut—only has 2.3 for every 1,000
- Connecticut ranks 4th nationwide in lawyers per 1,000 peopl (likely because of its proximity to NYC, Boston, and other large cities), while Iowa ranks 42nd
Nationwide, 40% of all counties (and county-equivalents) have less than one lawyer per 1,000 people. Fifty-four counties have no practicing attorneys at all. Earlier this year, while serving on a panel at Washburn University to discuss this shortage and brainstorm recruitment ideas, I met a fellow panelist from northwestern Kansas who is the only lawyer in her county other than its prosecuting attorney.
Far from being happy about no competition, she believes the best thing for the county would be for at least one other attorney to set up practice locally. That way, she would not face so many situations in which she has to turn away potential clients because of conflicts of interest from already representing other parties involved. Also, local residents would not always need to travel to another county to hire a lawyer.
Representation matters
So, why are these “legal deserts” a problem—and why are they a particular obstacle for farmers and small-business owners?
Regardless of where they live, everyone deserves access to legal representation and assistance when they need it. Most people hire a lawyer only once or twice in a lifetime for reasons such as divorce, writing a will, mediation, an injury claim, or bankruptcy. But if you’re running a farm or other business, occasions for need of legal assistance are more frequent than for a non-entrepreneur.
A business owner works with contracts, business taxes, employees, customers, buyers and sellers, which means bringing or defending potential lawsuits or, sometimes, simply relying on an attorney to negotiate a difficult situation. While large companies typically have the resources to employ attorneys or retain the services of a big law firm, “the little guy” in need of less frequent legal services does not have a staff lawyer.
For farmers especially, it is important to have access to lawyers who understand the business of farming, to help their client best navigate complex legal issues as they pertain to agriculture. This includes things like federal farm programs, farm leases and taxes, specialized contracts, ag finance agreements, incorporation papers, farm debt restructuring or bankruptcy, and more.
Ag & Business Legal Strategies specializes in representing farmers—and other small-business owners—across Iowa as well as in Illinois and Missouri. Our lawyers and support staff understand the agricultural sector’s needs. We assist many clients beyond our office location, which means we rely on video conferencing in addition to some traveling for in-person meetings and court appearances. After all, the commute for a Zoom meeting is the same no matter where you live!
Fortunately, courts accept electronic filing and our staff can assist clients with digitizing any paper documents as needed, allowing capable representation even for clients who live hours away.
Understanding the client
When an attorney works with ABLS, if they do not already have an ag background like me (my dad was a farmer), I take them to different kinds of local farms so they can learn about cropping and livestock systems. I have even done this with some visiting lawyers. I think it’s critical for a lawyer to develop familiarity with the types of operations they will represent, plus I enjoy helping my colleagues learn the business of farming.
Near ABLS’s eastern Iowa offices, legal deserts aren’t as severe as they are in western and northwestern Iowa, but there still aren’t as many attorneys as our state needs. For any profession to flourish somewhere, there must be younger people coming in to replace older professionals as they retire, sell the business, or pass away. But new graduates and other young lawyers in Iowa are moving to larger cities or out of state to work.
This isn’t surprising, as many young people want access to more amenities, social networks, and career opportunities than they think rural areas may offer. I found satisfaction practicing law and raising a family in this area because, as a young attorney in the 1980s during the Farm Crisis, I saw where I could really make a difference advocating for farmers facing financial hardship and loss of their land.
Even now, there are young attorneys who would like to live in rural areas, but a sense of purpose or attachment to family may not be enough incentive to someone carrying $200,000 in school loan debt, who can earn more in a large city. Some governments and organizations have instituted programs with added compensation for lawyers making even a short-term commitment to small towns.
North and South Dakota each provide annual stipends for attorneys who agree to practice in qualifying counties through their Rural Attorney Recruitment Program. The attorney must live in the community for five years and be licensed to practice in that state. Each state’s legislators voted to approve the RARP, which is funded by various parties including benefited counties and state bar associations.
The Illinois State Bar Association administers the Rural Practice Fellowship Program, which connects rural law firms looking for law clerks and associates with law students and lawyers interested in practicing in those areas. Associate Fellow Program lawyers are paid a one-time stipend of $5,000 when they begin working in the community, and another $5,000 if they remain for one year.
Nebraska offers school loan repayment assistance through its Rural Practice Initiative—attorneys who go into private practice in a community of under 15,000 people can receive up to $6,000 yearly toward their loans, over seven years. In Colorado and Indiana, there is not compensation, but each has programs that match young attorneys or law students with mentors in rural law firms and courts, with an eye toward some being hired as staff attorneys or law clerks, respectively.
The cultural factor
If you’re an attorney or law student, not having grown up on a farm or even in a rural area is not a barrier to doing legal work for farmers. The Kansas attorney I talked about earlier in this blog post is originally from New York City—but when she decided to relocate to rural Kansas, she spent several weekends of her free time visiting farms and other small businesses in the area to learn about what they do.
A rural community may not be as fast-paced as the big city, but it has other fulfilling advantages. If you are interested in becoming involved in a community, there are opportunities to volunteer on boards for things that interest you (such as the hospital, school, or local theatre) or running for public office. You have an opportunity to make a bigger difference more quickly in a small town than in a large city. Plus, the cost of living is typically much higher in a large city.
I have found my law practice a wonderful way to earn a living and live a life, and my goal is always to help farmers and other small-business owners I work with by making the law easier and user-friendly for them.
ABLS strives to be your go-to for legal advice—so if you have concerns or questions, reach out to us anytime!
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At Ag & Business Legal Strategies, we want our clients to be honest with themselves and have a solid business plan. Our attorneys and financial strategist will help you create and execute that business plan, and, if necessary, assist you with the legal, tax, and practical aspects of debt restructuring or bankruptcy.
Don’t wait for the problems to become insurmountable. Connect with someone you can trust today, not tomorrow. At Ag & Business Legal Strategies, we want our clients to be honest with themselves and have a solid business plan. Our attorneys and financial strategist will help you create and execute that business plan, and, if necessary, assist you with the legal, tax, and practical aspects of debt restructuring or bankruptcy.
Don’t wait for the problems to become insurmountable. Connect with someone you can trust today, not tomorrow. https://www.ablsonline.com/
