Unmet Needs

Nursery_stock_in_rural_Washington_County,_OregonThe small towns and rural areas of Oregon have a problem and are looking for a few lawyers willing to put up with flexible hours, a good work/life balance, and opportunities to build a satisfying career in order to solve it. What they have are unmet legal needs, what they want a lawyers willing to take on the challenge.

Based on research done by the Oregon State Bar, there is a significant age discrepancy in the rural attorney population – young lawyers (those under 40) make up less than 25% of the rural bar while older lawyers (those over 60) constitute upwards of 50%. The end result is that over the next 5 to 15 years rural areas and small towns are looking at losing a significant proportion of their lawyers through retirement.

Fortunately, the Oregon State Bar is working on finding ways to address this issue and to encourage young lawyers to develop permanent practices in these areas and they are doing it at an ideal time – as Richard Spier, Oregon State Bar President, points out, there are opportunities in rural Oregon for lawyers willing to make the move; there are established lawyers willing to provide mentorship, referrals, introductions, and advice and there is often more work than the established lawyers can handle.

see also: Outside the Urban Box by Cliff Collins

Fugit Inreparabile Tempus

photograph of a sundial

Nay, every race on earth of men, and beasts, and ocean-folk, and flocks, and painted birds, Rush to the raging fire: love sways them all. Fast flies meanwhile the irreparable hour, as point to point our charmed round we trace.

Ol’ Virgil (the roman poet, not my local mechanic) sure had it right, since my last post, a great deal of time has escaped, irretrievably; a consequence of too many commitments and an inability to say no as often as I should. So, what I failed to note during the last quarter of 2014.

In December, the AP ran a story on the various efforts currently under way to attract lawyers to practice in rural areas. The focus of the story is on South Dakota, but programs in Nebraska and Arkansas get a brief mention as well. It’s great to hear that programs like the one in South Dakota are starting to produce results.

From the University of St. Thomas Law School, comes word of a law student’s discovery of the joys of small town practice. Ms. Price paint’s a great picture of the pros of clerking in a small town and how practicing in a small town is more of a labor of love than anything else.

Then there’s the flip side to all this – as Danielle Paquette reports, the lack of incoming rural lawyers means that the existing rural bar is delaying retirement and many rural clients are looking at two hour drives just to talk with a lawyer. In Nebraska, 12 counties have no lawyers and the Nebraska Bar Association along with the Nebraska Legislature is trying to do something about it. Their solution is twofold – a Rural Practice Loan Repayment Assistance Program and a better sales pitch – seems no one is telling law students about the opportunities that exist.

A tip of the hat to Justice Thomas G. Saylor – he started out as a small town lawyer and is now the Chief Justice of the Pennsylvania Supreme Court. Well, there was the odd gig as a county prosecutor, a deputy AG, and Supreme Court Justice along the way, but still not bad for starting out in rural Pennsylvania (see story here).

I’ll also note the passing of John Doar, a small town lawyer who died last November at the age of 92. Mr. Doar began his career in the small town of New Richmond, WI before moving on to the Justice Department and then to a New York law firm. In the 1960’s, Mr Doar helped shape the civil rights movement, as an assistant attorney general, he was the prosecutor in US v. Cecil Price et al. and he escorted James Meredith when Mr. Meredith became the first black student to enroll in the University of Mississippi. Mr. Doar was awarded the Presidential Medal of Freedom in 2012.

The Rural Courts

I have a fondness for rural courts even though my entire experience with actual litigation has been limited to a few uncontested matters in which my chief role was to greet the judge, confirm that the opposing party had been properly notified and still was not present, and thank the judge when everything concluded. Perry Mason I’m not.

For me,  rural courthouses and the people who staff them (professionals all) still engender a sense of respect for tradition, for the law. They seem to demand an older (perhaps antiquated) ideal of courtesy and gentile behavior; these are, after all dignified buildings that still command a place of pride in their communities.

Just a Few Questions

When you get down to it, a rural law practice is a risk. It is about investing a great deal of capital (time, money, effort) into an enterprise that comes with no guarantee of immediate success. To succeed, you have to be willing to go “all in” on the belief that the cards you’ve got form a winning hand. It is about connecting with a community, building relationships and balancing the rural lawyer’s prime requirements – making a living and building a practice.

My best wishes to all of you – those who are in rural practice and those of you contemplating the plunge – you are needed out here.

Wishek Wants You

Library of Congress Prints and Photographs Division, LC-USZC4-8311 (c) Leslie-Judge Co., J.M. Flagg artist

Library of Congress Prints and Photographs Division, LC-USZC4-8311 (c) Leslie-Judge Co., J.M. Flagg artist

So you want to be a rural lawyer, well opportunity may just be knocking at your door. The town of Wishek, North Dakota is looking to an independent attorney to open a full time law office in the community now that their previous attorney has retired.

Wishek is a small community (pop. 1002 last time the census went through) in the rolling hills and open spaces of south central North Dakota that sees having a local attorney as a valuable commodity, so the Wishek Job Development Authority (JDA) is offering a number of incentives to help entice an attorney to set up shop and put down roots. You’ll have to talk to the JDA directly about the particulars of their incentive package but there is talk that it could include assistance in locating an office, housing and with the cost of relocation. The previous attorney may also be available for consulting and mentoring.

One word of caution – this position comes complete with upper midwest prairie winters – so if you’re not a fan (or at least some what tolerant) of snow, cold wind, and the occasional dip down to arctic temperatures, this might not be the job for you. On the other hand, if you are thinking that it might be nice to start a practice some place that actually wants a lawyer and are willing to invest in several lawyers of warm clothes then you and Wishek might be a match.

For more information, contact Duke Rosendahl, the Wishek JDA director (for contact information, check the Wishek, ND website). This is a limited time offer and the deadline for applications is December 31, 2013.