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New research sounds alarm on 'legal deserts' in rural America

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Mike Moen
(Greater Dakkota News Service)

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A new study showed more than half of the nation's rural counties do not have enough lawyers, with more than 20 of the "legal deserts" located in South Dakota.

The findings, published in the South Dakota Law Review, were compiled by researchers at Iowa State University. They focus on the number of practicing private attorneys available for hire in situations like criminal cases, divorce disputes and estate matters. Lawyer shortages are more prevalent in the West and Southwest U.S., according to researchers.

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Hannah Haksgaard, attorney and professor of law at the University of South Dakota, has focused on the issue.

"In generations past, there were more towns that just had a single lawyer sitting on Main Street who is a general provider," Haksgaard pointed out. "As those folks have retired, they found it really hard to recruit replacements."

Haksgaard and the authors of the study agreed when small town youth attend law colleges in bigger cities, they are more likely to stay than come back. South Dakota is part of a group of states with a recruitment program to incentivize legal professionals to work in rural settings. Since 2013, 36 attorneys have participated in the program, with 11 actively practicing law in small towns around the state.

Haksgaard, who has written a book on legal deserts, said it is not just pay, surrounding amenities or population loss narrowing the talent pipeline. She noted the next generation of rural lawyers have to embrace being a general legal counsel.

"Lawyers in big cities have different types of work they might specialize more," Haksgaard observed. "In a small town, you are kind of the problem solver."

In a discussion led by the South Dakota Humanities Council, Haksgaard stressed rural lawyers handle land transactions more than anything, given their proximity to agriculture. The Iowa State study recognizes various states for boosting recruitment but argued it will not be effective if it's the only solution. Researchers said allowing licensed paraprofessionals to take on certain cases with oversight is a possible approach.