Paying attorneys to move to rural areas

April 17, 2013
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The American Bar Association called on federal, state and local governments to do something about the decline in the number of lawyers practicing in rural areas. South Dakota has decided to pay attorneys to relocate to its state’s rural areas.

The state is the first to reimburse people for their law school tuition in order to entice recent grads to consider rural locales over urban ones. The legislation signed by Gov. Dennis Daugaard last month creates a four-year pilot program for counties with a population of 10,000 or less. Those counties will have to pay 35 percent of an incentive payment to the attorneys; the state bar will pay 15 percent, with the state paying the remaining amounts. The incentive payment is equal to 90 percent of the resident tuition for the University of South Dakota School of Law. According to the law school's website, a first-year student enrolled for the 2012-2013 school year will pay $13,288 in tuition and fees if he or she is a resident.

Attorneys who participate must practice law on a full-time basis in the eligible county for five years; the payment will also be distributed over the five-year period. It begins July 1. The program will accept no more than 16 for the time being.

The state appropriated from its general fund $475,000 to the Unified Judicial System to cover the payments.

Leaving before the five-year period ends will require the attorney to repay all sums received. Not doing so is grounds for discipline, according to the legislation.

According to the New York Times, nearly one in four Americans live in rural areas, but only two percent of the country’s small law firms are in these less-dense areas. In South Dakota, 65 percent of attorneys are in just four counties.

This is not a problem unique to South Dakota. Rural parts of Indiana also face a dearth of available attorneys, especially for pro bono work. Charles Dunlap, executive director of the Indiana Bar Foundation, called the situation here a “crisis.”

At a time when many recent law school graduates are struggling to find employment in the legal field, this type of legislation could be very attractive – a virtually guaranteed job for five years and a portion of your student loans are paid back. But, if you are a 26-year-old fresh out of school, do you want to move to a place where the population is small, entertainment and nightlife options may be limited, and you likely won’t know anyone?

Firms in smaller cities here have noted they have a hard time attracting and keeping women and minority attorneys because many young lawyers want to work in larger metropolitan areas.

What do you think about the South Dakota initiative? Should Indiana take a look at funding a similar program? Who should be responsible for funding it and where would the money come from?
 

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  • Ageism: Implied or Expressed?
    "Firms in smaller cities here have noted they have a hard time attracting and keeping women and minority attorneys because many young lawyers want to work in larger metropolitan areas." This statement presumes that only "women and minority attorneys" are all "young lawyers." Are these law firms in smaller cities only interested in recruiting young lawyers? Clearly, ageism is implied if not expressed in this conclusion.
  • imminent crisis! sound the klaxon
    I guess the rural folk will have to suffer with old white guy lawyers. I wonder if they will ever survive. ! What will they ever do.

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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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