Another Approach

Old North Dakota Courthouse

Courthouse, Valley City, ND, Library of Congress Prints and Photographs Division,LC-USZ62-73197

Granted, the human population of North Dakota tends to be spread a bit thin, but when 21 counties have fewer than 4 attorneys (4 counties have no lawyers , 8 counties only have 1), access to justice is problematic and a lawyer’s retirement can have far-reaching consequences.

One way to solve the problem is to follow the town of Wishek’s example and directly recruit attorneys (See Wishek Wants You).  Another way is to make law students and young lawyers aware of the benefits and opportunities that are available in small towns and rural areas, and that’s the approach that the North Dakota Bar Association, in partnership with the state courts, and the University of North Dakota Law School, is taking.

Using funding provided by the North Dakota Legislature, this partnership created three summer clerkships designed to allow law students to work for judges in counties with less than 15,000 people. While this is still just a pilot program, the program hopes to expand and provide not only clerkships, but externships with State’s Attorneys and private practitioners.

If you’re wondering what a lawyer in the wilds of North Dakota possible do, Judge Gail Hagerty puts it this way:

There are real legal needs out there: more oil and gas law, an increasing amount of probate matters, more crimes to deal with, and more need for family law. Right now, without immediate access to legal services, it’s very difficult for people, and it can increase costs. We also need more attorneys to do indigent defense work, we need more prosecutors and we need more new practitioners. There’s a lot of potential in rural communities.

There’s a lot more probate work, for example, with property that wasn’t probated for generations, Now we need to clearly establish ownership of the land and mineral rights. Some of that land was once thought not to be worth very much, but it’s suddenly worth a lot more.

From family law to probate, from business law to energy law, from criminal defense to prosecution – seems like those new rural lawyers are going to be busy.

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