Rural Law

HIPY PAPY BTHUTHDTH

/ Bruce Cameron

So Owl wrote…and this is what he wrote: HIPY PAPY BTHUTHDTH THUTHDA BTHUTHDY. Pooh looked on admiringly. “I’m just saying ‘A Happy Birthday,'” said Owl carelessly. — A. A. Milne

October has swept all most all of her color from the trees and Rural Lawyer now turns 3; which in technological terms is early middle age (at least by Moore’s law standards). One would think that this momentous occasion would be marked by public fanfare and wild acclaim, but alas the world has continued with nary a pause, blithely unaware.

On to other things — 

Macleans.ca reports that British Columbia has opened a new law school (the first in 30 years) with the mission of addressing British Columbia’s rural lawyer shortage. The article reports that British Columbia Chief Justice Lance Finch has suggested that the bar will need to double admissions to meet the demand for lawyers. The article notes that the lawyer shortage does not extend to metropolitan Canada.

Short Takes

/ Bruce Cameron

It was one of those perfect English autumnal days which occur more frequently in memory than in life. -- P. D. James

Once again, the rural clock has cycled back to the season of hurry-up when shortened days and the chill of night (those sure harbingers of winter) tell us that it is time to finish up the harvest chores while it is still possible to work outside without wearing insulated garments. So, farmstead maintenance has taken priority over the weekly posting  and temporarily damped the blogging muse – it appears that scrubbing a season’s worth of dust, oil, and grease from heavy equipment does not lend itself to the same contemplative frame of mind that driving said equipment slow over a field does. Given that inspiration and originality appear to be temporarily on hiatus, here are a few items from across the web that caught my eye:

  • Debra Bruce gives a small plug for considering small town practice on the Solo Practice University‘s blog in her post “Deciding Where to Locate Your Law Practice, Part 2.” Have to admit that Debra sums up paradox of small towns pretty well – collegial and welcoming once they know you, closed and standoffish when they don’t. The trick is to be collegial and welcoming first – make that first effort to get to know the town, ’cause if you wait for the town it’s gonna take a while.
  • BYU honors Elder Steven E. Snow for his 30 year career as a small town lawyer. His law firm may have merged with an up scale metropolitan firm in 2003, if you’ve ever been paid in quits, produce or trampolines you’re a rural lawyer. Congratulations Elder Snow.
  • The South Dakota Bar appears to be pleasantly surprised about the power of social media, especially when it comes to their Project Rural Practice initiative. South Dakota Bar Association President Pat Goetzinger comments on the  relevance of social media in his October message “Social Media – Is it great? OR Does it grate?.”
Remember: National Pro Bono Week is October 23-29 – “The public service we render is the rent we pay for a place on this earth” — Steven Snow

Pax maternum, ergo pax familiarum*

/ Bruce Cameron
Ghost Town, Bodie California

If this ain't the middle of nowhere, you can see it from here

It has been pointed out to me that, perhaps, one reason lawyers are not flocking to small towns is that a spouse or significant other may be reluctant to leave their career behind. Fair enough; jobs are tough to come by in this economy and it is perfectly understandable that someone would prefer keeping a sure thing over haring off into the middle of nowhere – even if it is a particularly scenic middle of nowhere. But this may not be the hurdle it appears to be. So if your SO is still talking to you after you first broached the idea of a rural practice, here are a few options: Continue reading →

Where, oh where are you tonight?

/ Bruce Cameron / 2 Comments

Where, oh where, are you tonight?
Why did you leave me here all alone?
I searched the world over, and I thought I’d found true love,
You met another, and PFFT! You was gone! — Marian B. Yarneall

The rural lawyer may not be your true love, but it does seem that they are going PFFT! The good news, according to this article in the Argus Leader and this one in the Rapid City Journal, is that at least one state bar association is taking notice of the problem and starting to do something about it. The South Dakota Bar is creating Project Rural Practice to address that state’s decline in rural lawyers and, in conjunction with community leaders, to find incentives that will attract lawyers to the small towns of rural South Dakota. Many, many kudos to the South Dakota Bar.

Now, I’m one of those people who think that packing up and heading to rural South Dakota to practice law would be an interesting adventure (but then I’m also of the opinion that good neighbors are live a quarter-mile away, it is feasible to raise a calf (for a brief period) in your kitchen, and that starting a solo practice in a recession is a boffo career move), thus my idea of an incentive may be a bit biased and more readily negotiated than those of a normal person.

What would incite you, dear reader, to pack it up and head to the wind-swept prairie? Some things to consider after the break.

Continue reading →

Follow up: Yesterday’s Myths, today’s needs

/ Bruce Cameron

Thomas and I have been having an e-mail conversation over my post “Yesterday’s myths, today’s needs“, and with his permission, I am posting a few of his insightful comments regarding the state of the rural solo down in Texas. Any errors in grammar, punctuation or spelling are due to my faulty transcription (Thomas you have my apologies & I’ll give some thought to your suggested post topic).

I think that most of the people who spread the misconceptions about rural law practice are, frankly, lawyers who aren’t making money in the big city and use these myths as excuses for not opening a rural practice.  “Oh, I’m struggling now, but think how bad I would have it if I practiced out in the country!”

You’re right that the rural bar is aging and many lawyers are retiring (although some of them don’t… there was a story about a lawyer in Weatherford, TX, who died in the past year at the age of 101 and practiced law pretty much up until the day he died.)  I’m 27 and relatively few people in my generation (particularly relatively few lawyers) grew up in a small town, so there are far fewer people my age with the contacts already built up that they think are necessary to build a small-town practice.

And there’s also far less competition from the big-city lawyers than one might assume.  In the county seat 40 miles from Dallas and Fort Worth where I practice, it’s very rare to see lawyers from either of those cities in the courthouse.  Although, these aren’t exactly small towns any more… more like exurbs.  I still need to move farther out.

In fact, the good ol’ boys network tends to be a lot more prevalent in these sorts of towns than in real small towns — where the local attorneys, particularly the older ones (who have been practicing there since it was a dot on the map), feel a bit threatened by the big-city lawyers who might poach their cases.  This is particularly true as suburban and exurban cities grow and the new people feel less identification with the town.  So, for example, the county has a rule that in order to get on the list for court-appointed cases, 80% of your pending cases must be in this county — obviously a move designed to keep Dallas lawyers from getting on the “wheel.”

The Texas Bar has a lot of information about its lawyers posted online, so I thought it would be good to look at some of the information. According to the state bar, the average lawyer in Texas is 48 years old and has been licensed to practice for 18 years.  They also have information on the six largest counties in the state:

  • Harris County (Houston): 47/17 years
  • Dallas County: 47/17 years
  • Tarrant County (Fort Worth): 48/17 years
  • Bexar County (San Antonio): 49/18 years
  • Travis County (Austin): 47/16 years
  • El Paso County: 50/20 years

Considering that 57 percent of the state’s lawyers have their office in one of three counties (Dallas, Harris, Travis), and in all three of those the average lawyer is younger than the state average… yeah, that means that the average lawyer outside the major cities is older.  (El Paso’s a bit of an outlier, but then it’s not really the kind of place that young lawyers are dying to go to…)  Overall, two thirds of the state’s lawyers practice in the five largest counties.

Well, I looked into the county where I currently reside, its average lawyer is 45 and has been licensed 15 years.  So that’s actually a more extreme example of where the younger lawyers are going. On the other hand, in three smaller cities in west Texas — Abilene, San Angelo, and Wichita Falls, all of which have a population around 100,000 — the average lawyer is 55 and has been licensed for 25 years.  So half the lawyers in those cities will be hitting retirement age in the next decade.  (Abilene actually has a lot of younger lawyers as well, though… evidently not many lawyers set up shop there in the 1980s and 1990s, for whatever reason.)