Page & Farrel: Disentangling Rural Access to Justice and the Rural Attorney Shortage
In One Crisis or Two Problems? Disentangling Rural Access to Justice and the Rural Attorney Shortage authors Daria F. Page and Brian R. Farrell (both University of Iowa College of Law) examine the relationship between rural access to justice and a growing shortage of rural attorneys. In particular, the authors argue that conflating rural access to justice with a shrinking number of rural attorneys fails to effectively address rural justice access.
In recent years, the number of lawyers who live and practice in rural communities has dwindled. In response, several law schools and states have implemented programs targeted at encouraging and helping attorneys to practice in rural areas. Page and Farrell argue that the current concept of solving rural access to justice by increasing the number of rural attorneys may not effectively help or impact the justice crisis in any way.
For example, the authors identify how information gaps and education impact the likelihood that potential rural litigants are able to recognize that their situation has legal remedies. Page and Farrell also examine the effectiveness of non-lawyer legal aid programs, which are offered almost exclusively in urban communities. For certain claims, clients of such non-lawyer legal aid services were more satisfied and more successful than clients of lawyers. Additionally, the authors argue that the “everyone knows everything” stigma in rural communities discourages many individuals from discussing sensitive subjects, even with lawyers. In light of these considerations, the article maintains that rural access to justice problems cannot be remedied simply by adding more rural attorneys.
Page and Farrell present a new and dynamic examination of the rural access to justice crisis by redefining what access to justice means and reevaluating how it might best be provided across rural communities. The article provides a thorough discussion of current research, while also presenting a new lens through which to research and address rural access to justice issues.
