Small Towns

The following was forwarded to me by Bill Sommerness (friend & small town lawyer). He writes:

Those who grew up in small towns will laugh when they read this. Those who didn’t will be in disbelief and won’t understand how true it is.

1) You can name everyone you graduated with.

2) You know what 4-H means.

3) You went to parties at a pasture, barn, gravel pit, or in the middle of a dirt road. On Monday you could always tell who was at the party because of the scratches on their legs from running through the woods when the party was busted. (See #6.)

4) You used to “drag” Main Street.

5) You whispered the ‘F’ word and your parents knew within the hour.

6) You scheduled parties around the schedules of different police officers, because you knew which ones would bust you and which ones wouldn’t.

7) You could never buy cigarettes because all the store clerks knew how old you were (and if you were old enough, they’d tell your parents anyhow.) Besides, where would you get the money?

8) When you did find somebody old enough and brave enough to buy cigarettes, you still had to go out into the country and drive on back roads to smoke them.

9) You knew which section of the ditch you would find the beer your buyer dropped off.

10) It was cool to date somebody from the neighboring town.

11) The whole school went to the same party after graduation.

12) You didn’t give directions by street names but rather by references. Turn by Nelson’s house, go 2 blocks to Anderson ‘s , and it’s four houses left of the track field.

13) The golf course had only 9 holes.

14) You couldn’t help but date a friend’s ex-boyfriend/girlfriend.

15) Your car stayed filthy because of the dirt roads, and you will never own a dark vehicle for this reason.

16) The town next to you was considered ‘trashy’ or ‘snooty,’ but was actually just like your town.

17) You referred to anyone with a house newer then 1950 as the ‘rich’ people.

18) The people in the ‘big city’ dressed funny, and then you picked up the trend 2 years later.

19) Anyone you wanted could be found at the local gas station or the dairybar /Queen .

20) You saw at least one friend a week driving a tractor through town or one of your friends driving a grain truck to school occasionally.

21) The gym teacher suggested you haul hay for the summer to get stronger.

22) Directions were given using THE stop light as a reference.

23) When you decided to walk somewhere for exercise, 5 people would pull over and ask if you wanted a ride.

24) Your teachers called you by your older siblings’ names.

25) Your teachers remembered when they taught your parents.

26) You could charge at any local store or write checks without any ID.

27) There was no McDonald’s.

28) The closest mall was over an hour away.

29) It was normal to see an old man riding through town on a riding lawn mower.

30) You’ve peed in a cornfield.

31) Most people went by a nickname.

32) You laughed your butt off reading this because you know it is true, and you forward it to everyone who may have lived in a small town.

I would not have wanted to have been raised any other way!!!!

Thanks Bill for this morning’s chuckle.

End Of An Age?

If you listen to the tech-savvy pundits, the age of the transactional lawyer will soon be coming to an end as cloud-based artificial intelligence software will soon be producing all the legal forms a person could ever want at prices so low, no lawyer could ever compete. The thing is, this is not what a law practice, especially a rural law practice, is about.

A rural law practice is not about the “product” – those forms, those missives of legalese we lawyers produce on behalf of our clients – if it were, law firm size would be measured in terms of the number of paralegals rather than the number of attorneys. I have no doubt that software can produce a form that is correct in all particulars, that clever engineers can gin-up an interface that will ask all the necessary questions to have the form comply with statutory requirements, and that this cheap, elegant, correct form will be totally unsuited to a client’s specific situation.

Practicing rural law is not about asking the necessary questions, it is about asking the right questions and understanding not only what the client wishes to accomplish, but why as well and only then moving on to the how. The oft-told stories among family law lawyers about spouses asking and getting the family home in the divorce settlement who turn around a sell the property within the year simply because they could not afford the property on a single person’s income are classic examples of understanding the what-a-client-wants part of the equation while ignoring the why; understanding the why allows the lawyer to function as councilor not just as advocate and opens up the possibility of other options that may provide a better outcome and a better service to the client. Technology will always get the “what” part, but it is unlikely to ever get the “why” part and therein lies its weakness.

A rural law practice (or most solo or small firm practices for that matter) is about service – service to clients, service to community. Technology, even the most sophisticated artificial intelligence software, can’t provide service – it simply cannot make that intuitive leap that uses both “what” and “why” to get to “how”. The lawyer who forgets that his true value lies in service not in product will not last long in rural practice. If you provide quality service and market your practice on the value you provide you need not be concerned about being replaced by CheapLegalForms.com any time soon.

SB 218

993663_88639576So, what does a state do when 65% of the state’s lawyers practice in 4 of the 66 counties and 19 counties have 2 or fewer practicing lawyers. Well, if you are the South Dakota Senate, you float a plan to subsidize law student tuition in return for a promise that these students will open a practice in a small town or rural county.

It’s a cool idea – the county in need ponies up 1/3 of the student’s school fees, the state’s Unified Judicial System covers the remainder and the student contracts to keep their grades up and upon graduating to live and practice in the supporting county for a set number of years – and, a good start to reversing the declining rural lawyer population – let’s hope it passes.

But realistically, this is just a first step (a good one, but a first one). It will take more than simply releasing a few dozen newly fledged lawyers out into the wild. If these future rural lawyers are to have a fighting chance to develop a thriving practice, they’ll need more than a debt-free education; these new lawyers are going to need mentors, help with the administrative side of things, and a good education in keeping their overhead low. I’m betting the SD Bar has some ideas on how to solve these problems as well.

Tip of the hat to The Daily Republic for reporting on this.

Library Science

A tip of the hat to SD Rural Lawyer for pointing out Susan G. Fowler’s study: “Results of Participant Observation in the Fifth Judicial District,”

 

In this 2007, Ms. Fowler takes a look at the research needs of the average rural Kansas lawyer and finds that because the rural lawyer is a generalist, their research needs tend to be limited to the basics (case-law updates, statutory changes, access to state resources) and they do not spend a great deal of time or money on specialized research materials or access to expert opinions. All well and good if you are planning on how best to restore a rural law library so that it will best serve it’s clientele.

What interested me were Ms. Fowler’s observations on the information processing skill and daily activities of the rural lawyer (not that I participated in the study, seeing one’s day reduced to frequency counts by an outside observer is something of an out-of-body experience – the initial reaction of “it can’t be” is quickly followed by “now that I think about it…”). So, for those of you who have any doubts about the adrenaline-packed, action-filled, exciting life of the rural lawyer, you are absolutely right – the top 5 things rural lawyers do are:

  1. Talk on the phone (communication reduces surprises)
  2. Use a some form of technology to obtain or transfer legal information (the adaptive generalist is always relearning)
  3. Prep for court (there is a marked preference to settle out of court, but you never know…)
  4. work on a case
  5. build relationships (rural lawyers practice in small ponds – adversarial relationships are left at the courthouse door – so building professional/personal ties to the rural bar and to the community brings in business and establishes credibility)

Ms. Fowler also observed that rural lawyers are information power-users (constantly assessing information as they learn and relearn) and hard core multitaskers – though rural lawyers tend to be “time slicers” rather than “parallel processors” when it comes to multitasking; preferring to quickly switch between tasks (spending a few minutes on one before moving to the next) in a round-robin fashion. This form of multi-tasking seems to be facilitated by the rural lawyer’s preference for print rather than digital resources.

So there you have it – a brief look at the life of the rural lawyer through the eyes of the rural law librarian.

Catch Up

A quick update on the world of rural lawyering:

I recently ran across Jennifer Gumbel’s postings on Lawyerist.com (a tip of the hat to sdrurallawyer.com for pointing out a great resource right here in my back yard). Her article on legal “ruralsourcing” (outsourcing to small towns) shows that, once again, the internet opens up opportunities for rural lawyers. The low overhead of the rural lawyer combined with the almost instantaneous communication of the internet may make the rural lawyer the next “goto” source for document review, due diligence work, and freelance legal research. In a lighter vein, Ms. Gumbel’s “Observations on Rural Stereotypes” is good for a quick laugh.

Over on Greedy Associates, Andrew Chow recently posted on “Why you shouldn’t rule out rural law“. I’m honored to have this blog quoted so prominently. Thanks Mr. Chow.

Finally, there is a great thread over on jdunderground on the wisdom of going rural. You’ll have to sift through the snarky to get to the gems, but the thread is worth a read as there is some good common sense advice lurking there.