James “Jimbo” Perry, executive director of the Chief Justice Commission for Professionalism, explores potential solutions for addressing the shortage of attorneys in areas across the state.
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Opportunities to Practice in a Legal Oasis
On Aug. 31, 2023, a Legal Desert Summit occurred at the NC State Bar building in Raleigh. The summit was called by Chief Justice Paul Newby and then-Bar President Marcia Armstrong. Thirty presenters shared the status of legal deserts in North Carolina and proposed potential solutions to this crisis.
First, Dan Alexander, a former Royal Navy marine, shared that his military training reminds us that the way to address a seemingly insurmountable problem is to take small, consistent steps in areas we can control. Armstrong emphasized that all the solutions to the problem are worth pursuing.
This article is a summary of lessons learned at the summit. Furthermore, I will update the progress being made across the state to meet this need.
Redefining Legal Desert
Technically, a legal desert is an area that has less than 1 lawyer per 1,000 people. In North Carolina, almost half of our counties (48/100) meet this definition. One county has zero lawyers, with more counties having only one lawyer. In contrast, from the public’s perspective, a legal desert arises whenever an individual either cannot find or afford an attorney to meet a legal need. This can occur anywhere. We learned that a staggering 86% of civil legal needs go unmet. An even higher percentage (91%) of the public find cost to be a barrier to obtaining an attorney. Legal Aid of NC is part of the solution; however, there is only one Legal Aid lawyer per 8,000 people who qualify. Legal Aid simply does not have the resources to meet this demand. A menu of solutions from full representation to self-represented litigant assistance is needed. Additionally, 73% of people charged with crimes need public defense.
Public Defenders and IDS attorneys handle caseloads nearing 400. So, when considering a legal desert, please remember that any location not having attorneys to provide needed services should be considered a legal desert.
Relabeling Legal Desert to Legal Oasis
The first time I participated on a law school panel encouraging students to live and work in underserved areas, the panel was promoted as “Exploring Opportunities to Work in a Legal Desert.” No one showed. Who wants to work in a desert? However, when we relabeled the presentation to “Exploring Opportunities to Work in a Legal Oasis” (and served pizza) we had over 70 law students attend.
Our panel shared about the challenging work and life benefits of living in a small, underserved community. Relationships, work-life balance, control over schedules and cost of living were compelling reasons why one might consider living in a legal oasis community. Over two-thirds of lawyers experience high anxiety, and almost one-third battle substance abuse or mental health issues. Therefore, it is not a stretch to state that a community without enough lawyers, that offers a simpler lifestyle, should be called an oasis rather than a desert.
Addressing the Acute Issues
The acute need for lawyers in these oasis areas is now at a critical level for both civil and criminal cases. How do we fulfill the basic responsibility of each lawyer to provide access to the legal system? As our NC State Bar’s Preambles states, we “should be mindful of the deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal services.” The following are some ideas that attorneys have shared and are presently executing in North Carolina to address the acute needs.
Ten-Client Challenge: Attorneys who do not take appointed cases with IDS [Indigent Defense Services] are challenging each other to represent 10 indigent clients during the year in criminal or parent-defender cases. Although 10 clients will not fix the system, if 20 attorneys in the district each take 10 clients, then some relief will be provided. One district joined the challenge last December. Many families were together for Christmas who otherwise would have remained in jail over the holidays if not for these gracious attorneys.
Legal Incubator: The NC State Bar heard from the Texas Bar about their legal incubator program, which placed cohorts of attorneys in underserved areas to serve their needs. Over the last 10 years, approximately 200 attorneys have moved to and are now practicing law in these areas. From our perspective, the issue was that the Texas Bar gave $500,000 to begin the program. The cost of the program is being partially offset by each participating lawyer contributing $350 per month.
In North Carolina, the money to start the program was not available, but Mark Atkinson was. Mark went to law school as a second career. He had a “call” to help lawyers establish financially sustainable practices in underserved areas. During the last four years, he has worked with 29 graduates. Mark has joined North Carolina Central University School of Law as an adjunct faculty member and prepares students in opening their practices in legal oasis communities. He only charges $79 a month. He has relationships with vendors who provide trust accounting software and legal research at no cost. Monthly meetings are held among the participating graduates to address new practice concerns. A volunteer panel of experienced lawyers is available to mentor them. The program also provides access to free CLEs through the Practicing Law Institute (PLI).
Law Practice Exchange: Tom Lenfesty assists lawyers who are retiring or transitioning out of the practice of law by connecting them with new lawyers or lawyers desiring to relocate in smaller communities. He assists lawyers in “handing off” their practices to the next generation of lawyers.
Retired Lawyers: Some communities that are retirement destinations are encouraging lawyers who are not actively practicing to assist in filling in the need gaps.
NC State Bar Considerations: First, allowing successful applicants to be sworn in once receiving their notification letters, which would eliminate the four- to six-week delay due to the current requirement of possessing the physical license to be sworn into the bar; and second, unbundling legal services to allow limited-scope representations.
Coordinate With Law Schools: District attorneys, public defenders, IDS and other stakeholders are making efforts to identify newly minted lawyers who do not have jobs and help them find a legal oasis to live and work.
The acute need for lawyers in these oasis areas is now at a critical level for both civil and criminal cases. How do we fulfill the basic responsibility of each lawyer to provide access to the legal system?
Addressing the Chronic Issue
Ideas addressing the chronic issues of a lack of lawyers were shared at the summit. A status report of progress being made is as follows:
Education: Historically, law schools in North Carolina strive to educate lawyers for Main Street and Wall Street. However, only one school — North Carolina Central University School of Law — offers a class specifically designed to help new lawyers live in and move to smaller, underserved areas. In the past, some of the other schools have had similar classes. Hopefully, the other North Carolina law schools, both public and private, will follow NCCU’s lead and offer these types of classes in the future.
Recruitment by Firms: In the same spirit as the constantly campaigning politicians, larger law firms are continuously involved in the recruiting process. The career placement offices help these firms recruit. Unfortunately, smaller firms in the rural areas do not recruit until the last minute and are usually too late, as most third-year students have already accepted job offers. I recall one student who was born and raised in a small community. He wished to return home to live and work, but no local firms were hiring interns. Instead, he accepted an internship in a large city as a 1L and again as a 2L. Eventually, he accepted their job offer and is now working at the firm. Although he wanted to come home, he had no options in the small community. In the spring I attended a job fair at one of the schools. There was no firm at the job fair that employed less than 100 lawyers. The large firms have the budget and time to recruit. The small firms do not make it a priority to recruit until the need is great. This mindset needs to change.
Strategies for the Small Law Firm
Change Recruiting Mindset: Arrive on Day 1, make introductions and follow up with students regularly. Big firms start recruiting before Day 1. They execute their plan and show up early and often. Smaller community firms do not have the time or resources to compete with a large firm, but there are options. Some schools offer a “Lunch and Learn” or “mingling days,” in which lawyers are at a gathering hall to meet and greet students in an informal setting. Smaller community lawyers must change their way of recruiting and invest resources and time to allow students an opportunity to experience the work-life balance in a legal oasis.
Small-Town Listserv: Campbell, through the leadership of Will Sparks, last year’s president of the law school’s Student Government, established a small-town listserv. Seventy students were identified as people who would consider living in a legal oasis. Small firms should coordinate with Campbell’s career-placement office and communicate with these students. I encourage other law schools to follow suit.
Panels: Law schools are very receptive to panel discussions about the advantages of living in a small community. Effective small-town panelists include district attorneys, public defenders, Legal Aid and small, local firms. Having a private firm sponsor a pizza lunch is a great way to attract several interested students. Personal follow-up with each of those students is extremely important. Sharing names of those students who express an interest in a particular community with other lawyers in those communities will provide potential connections.
Clinics: Each of the law schools’ clinics would welcome lawyers into their classes to share their experiences. This is a great way to connect with students who have a particular practice-area interest. Establishing relationships with the clinical professors and sharing a firm’s needs will greatly assist you in identifying potential employees.
Internships: Summer experience is vital in a student’s decision-making process on where to work and live. When smaller community firms are asked to describe their preferred candidate, the normal response is a 3L who “wants to live here.” If a firm finds a new attorney with no exposure to a smaller community, it is very unlikely that the attorney will be there or with that firm for long. Small firms must recruit, not only to their firm, but also to their community.
District attorneys, public defenders and Legal Aid have established summer internships in underserved areas. [NC] IOLTA offers $50,000 to each in-state law school for a three-year period to fund public interest internships in underserved areas. Through the leadership of Marcia Armstrong and Todd Brown, a Legal Oasis Internship pilot program has been established for the summer of 2024. This 10-week internship will be in an oasis area, consisting of eight weeks with a private firm, one week with a nonprofit and one week in the courthouse. The goal of these internships is to provide an opportunity for students to get to know the legal community and the community at large with hopes the student will live there after graduation. Students are placed in towns from the mountains to the coast. Data will be gathered to determine if these internships result in new lawyers moving to these communities. I speak regularly to some of these interns. They are being embraced by their community and have told me that they are interested in working and living there or a similar area.
Providing Access to Legal Services
For-Profit Law Firms: Some firms are identifying attorneys wanting to live in a particular location and providing them the business support so the attorney can focus on practicing law. The firm provides staff, a fully equipped office and mentoring for the new lawyers. One firm, King Law, now has 17 North Carolina locations.
Nonprofit Law Firms: Nonprofit law firms are also starting up across the state. An example of a nonprofit firm is Inner Banks Legal Services in Washington, N.C. Sarah Beth Withers developed the vision for this firm while clerking for the Honorable Randy Doub, a federal bankruptcy judge. Her firm practices bankruptcy, domestic, immigration and parent-defender work. They charge based on a sliding fee scale.
The largest nonprofit firm in North Carolina — other than Legal Aid of North Carolina, which assisted 65,000 individuals in 2023 — is Pisgah Legal Services NC. They provided services for 23,000 people across western North Carolina last year. Pisgah and Legal Aid handle civil cases only. In Greensboro, Triad Legal Services does IDS-appointed, domestic, and immigration cases. As a benefit, a nonprofit firm qualifies its employees for many debt-forgiveness programs. Working for a nonprofit or in a public interest position allows for full-loan forgiveness after 10 years of service. Mark Atkinson has written a manual entitled “How to Start a Nonprofit Law Firm: A Step-by-Step Guide.” The manual can be purchased for $10 at store.bookbaby.com.
Legal Support Centers: The Wake County Legal Support Center was established by the NC Equal Access to Justice Commission under the leadership of Judge Ashleigh Parker and serves as a resource hub for self-represented litigants. The center can provide information to visitors about how court works, forms to assist their case, lawyer referral information, and other agencies and resources information.
The center has developed a website with online resources as well including eCourts Guide & File and legal information resource packets. In its first year of operations, it served over 5,600 visitors.
Long-Term Concerns
Money, Money, Money
Student Debt: The average debt of a law student graduating from a state-supported school is over $100K, while the debt from a private school exceeds $200K. This amount does not even account for undergraduate debt.
The total amount of debt could qualify for loan forgiveness if the student does public interest or nonprofit work for ten years and makes regular monthly payments during that ten-year period. Additionally, the North Carolina Legal Education Assistance Foundation (NC LEAF) helps provide monthly debt payments for lawyers doing public interest work.
Because of this high debt, students often feel they have little option but to accept the highest-paying job after graduation. As we talk to students, we encourage them to consider cost of living when choosing where to settle. A dollar goes much further in Lillington than it does in Charlotte. Although $200K in student debt is oppressive, a $2-million house, compared to an $150K house in a smaller community, may be even worse.
Campaign of Conversation: Most lawyers believe paying a higher hourly rate would attract more attorneys to take appointed cases. More money would help, but we need to enter a campaign of conversation with our legislators for more resources to be allocated to IDS. Mary Pollard, executive director of IDS, labors tirelessly on our behalf, but the funding is beyond her control. We attorneys all need to have conversations with our respective state representatives to inform them about this issue and resolve this need.
Everyone’s contribution is required for this long-term campaign to succeed. However, money alone will not fix the problem. I have spoken to lawyers across the state who have told me that the money is not the primary cause of them declining court-appointed cases. Many are willing to do their fair share of this noble work if they would be treated with respect by other court actors.
When a lawyer is handling cases for no more than a quarter of their normal billing rate, their time must be respected. Operating a law office is expensive. The chief justice has placed banners in all county courthouses, each with the following question: “Are you treating others the way you would like to be treated?” Is this mindset being reflected in our courtrooms among the private bar, the district attorneys, the public defenders, and the bench? In some judicial districts, just a change of attitude will greatly increase the chances of attorneys returning to the court-appointed list.
Marketing and Recruiting
Community Recruiting: Todd Edwards from NC East Alliance spoke at last year’s summit. He shared how they have established recruiting clusters in high schools via teachers.
They share with students the tremendous opportunities for employment in their area of the state. For example, Spirit AeroSystems in Lenoir County has a workforce that draws from seven counties. They make fuselages for Aerobus jets. They also employ many highly educated individuals. When a teacher finds a student interested in aeronautics, job opportunities in these underserved areas are shared with them. The student does not need to move to Kansas or Washington to be involved in this industry. Seeds are planted early and often.
NC East Alliance is considering establishing a leadership cluster that will focus on marketing to professionals like lawyers, doctors, dentists, and accountants. If we want to keep our talent pool in underserved parts of the state, we must be intentional and promote the great aspects of living in these areas.
Mock Trial: Since the 1990s, Rebecca Britton has been coaching high school students for the Mock Trial Competition. Last year, out of the 106 participating teams, only four came from east of I-95 and only six from the western part of the state. The Mock Trial Board of Directors is trying to increase representation from underserved communities by threefold. Rebecca has stated, “While there are urgent and immediate needs in our underserved counties in North Carolina, we must also look at the long game. How do we implement long-term solutions?” Lawyers, partnering now with rural high schools, identify and mentor promising students through the Mock Trial Program. Such participation allows the lawyers to maintain those mentoring relationships beyond high school. This rapport may not only inspire and develop future leaders, but also future lawyers who may navigate their way back home to lead in their communities.
Personal Touch: We all want to be known and cared about. The best recruiting tool is to have a long-term view. Get to know your local high school or college students who are interested in becoming a lawyer. Take interest in what these students are doing. Let them know they are needed and wanted “back home.” Check on them after exams and on birthdays. I am familiar with an attorney who mentored a high school junior. That student wanted to become a lawyer. The student volunteered and worked with the attorney through high school, college, and law school before coming home to be an attorney. Some years later, that attorney is now a local judge. A simple friendship and an offered opportunity helped provide that small community with a great citizen and judge. Take time to give a personal touch.
Darrin Jordan, a past State Bar president from Salisbury, and District Court Judge Tom Langdon from Surry County are great examples of early recruiting. When they get a call from a student interested in becoming a lawyer, they take the student to lunch and show them the many great things about living in a legal oasis.
Please contact me if you are in an underserved area and want to hire a lawyer who is interested in living and working in your community. Also, if you are an attorney and interested in moving to a legal oasis, I would consider it a privilege to help you make some good connections.
James “Jimbo” Perry has practiced at his family firm in Kinston, NC, for almost 40 years. Since 2023, he has served as executive director of the Chief Justice Commission for Professionalism.
This story originally appeared in the Fall 2024 issue of the North Carolina State Bar Journal and has been lightly edited for style.