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.

See:

A hat tip to:

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.

Short Takes

Lawyers getting scarce in Nebraska (hat tip to Sidney Sun Telegraph)

The Nebraska State Bar Association is reporting that many Nebraska counties lack sufficient numbers of lawyers to adequately serve the needs of the client base. Currently 12 counties have no lawyers, the end result being that clients are traveling 200+ miles in order to access legal services (unintended consequence #2 is that these clients are not only taking the dollars they would spend on lawyers out of the county, they are taking the dollars they would spend on other things as well). The good news is that the Nebraska State Bar Association has started an initiative to try to encourage law students to consider a rural law career – pointing out things like the accelerated career advancement (average time to partner in  a rural firm: 4-5 years), and the availability of a challenging workload. The program includes tours of small towns and, in its inaugural year, connected at least 2 – 3 graduates with jobs (hey, it’s a start).

OK, So I wasn’t the first with the idea to map where lawyers aren’t

The South Dakota Bar Association beat me to the punch with their map of “Lawyer Population in Rural Areas“, and if that’s not bad enough, I’m betting it’s even more accurate than mine ’cause they most likely had professionals do it (not that I’m jealous or anything).

The reviews thus far for: On Becoming a Rural Lawyer

Susan Carter Liebel has posted a thoughtful review of my book over on Solo Practice University. Caroline Elefant of My Shingle fame was very generous with her review, as were the folks over at SDRuralLawyer, who listed my book as one of their featured books.

Out Standing in the Field – Rural Lawyers in the News

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In “Is Bigger Always Better?“, attorney Michael C. Larson talks about the pull to come home to the small town law practice his great-grandfather started in spite of the occasional law school daydream of a big law career. For Mr. Larson, bigger was not better, it is the little things, the personal connection to his work and to his clients that make his career fulfilling – as he puts it: “There is something to say about being not only intellectually invested, but emotionally invested in your clientele.  I get to see first-hand the way I affect people’s lives.”

Corey Bruning discusses how he went from zero to his first jury trial in about 15 minutes in “Rural Practice Realized: A Success Story” – well, not quite in 15 minutes, there was a bit of set up before hand. Mr. Bruning is a second career attorney, Deputy State’s Attorney and partner in a small town (his hometown) law practice. As of this month, he’s six months into a law practice that covers everything from criminal prosecution to estate work, family law to business law and everything in between. Sounds like a typical rural law practice to me.

One Day

 Library of Congress, Prints & Photographs Division, FSA-OWI Collection, fsa 8a42222

Library of Congress, Prints & Photographs Division, FSA-OWI Collection, fsa 8a42222

The second of May saw 13 inches of heavy wet snow descend on my little part of the prairie – a noteworthy event even by Minnesota bachelor  farmer standards (a group that is notoriously parsimonious with praise). Like all good storms worth of the title “the great ______ of [insert reference year]”  (e.g.: the great wind of ’36, the great frost of ’09, etc.) this one left a bit of havoc in its wake. One particularly inconvenient bit of havoc left me without power for 14 hours.

For those of you who might brush this aside as a minor inconvenience, here is what no electricity means for my neighbors and me. No power means no water (we’re all on private water, aka wells, out here), no heat (takes electricity to power blowers, pumps and thermostats), no internet (those DSL routers don’t run on peanuts) and no computers (well at least nothing that’s not battery-powered). And, given that I had already changed the oil in my truck and tractors from the light weight winter oil to the heavier weights diesel engines prefer during the summer months, no power means that my snow removal equipment is not going to start (under 32 degrees, these summer time lubricants take on the same fluidity as wet concrete and need a bit of coddling and a bit of electrically generated heat before they are willing to flow) leaving me sitting on the waiting list for the local snowplow – at a quarter-mile long, my driveway is not one that lends itself to being shoveled by hand.

So, here’s the question – is your practice – that digital masterpiece of paperless perfection – robust enough to go 1 working day without power? Having just completed a review the hard way, the best I can say is that mine can, but things could be better. Continue reading