By Grace Yurish
Despite more than 1.3 million lawyers practicing in the United States, access to legal services remains a major challenge for the one in five Americans who live in rural areas. As rural populations shrink and older attorneys retire, the imbalance in legal services grows, leaving many residents without adequate legal representation. The American Bar Association’s 2020 Profile of the Legal Profession notes that 40 percent of all US counties have fewer than one lawyer per 1,000 residents, creating what are known as legal deserts.
“Legal desert is a term that’s used to describe a geographical area where there are not enough attorneys to meet the legal needs of the community,” says NHBA Executive Director Sarah Blodgett. “We’ve known for a while that there is an issue with attorneys applying for or staying in public sector jobs. It is also a problem for people who want to get a will drafted, or have other non-criminal, non-legal aid issues, and can afford an attorney, but there just isn’t anybody practicing near them who can provide these legal services.”
The situation in New Hampshire reflects a national trend. While the state averages 2.5 lawyers per 1,000 residents, the distribution is uneven. In counties like Coos, for example, only 12 attorneys serve the entire region. Sullivan County has 35, and Carroll County has 56. These figures include government and legal aid attorneys, so the shortage in private practice is even more acute. In contrast, Hillsborough County boasts more than 900 attorneys, and Merrimack County has 717.
“There are several counties in New Hampshire where the demand for legal services far outweighs the availability of attorneys,” says 603 Legal Aid Executive Director Ariel Clemmer. “These areas have been particularly challenging in terms of addressing the needs of the community.”
The shortage is especially evident in Coos County, where NHBA Coos County Governor Leonard Harden has seen the number of attorneys dwindle over his 30-year career.
“It certainly has a very negative impact,” Harden says. “There’s very limited access, as there are very few people doing family law or contracts. It’s hard to make referrals.”
Although New Hampshire isn’t currently classified as a legal desert, the issue is worsening, particularly as the rural Bar ages.
“Having sufficient, quality counsel in all parts of the state is a huge issue in terms of access to justice,” says New Hampshire Judicial Council Executive Director Jay Buckey. “That’s an emerging issue as attorneys in more rural parts of the state retire and aren’t being replaced by attorneys in every field.”
The scarcity of rural attorneys also presents a greater challenge for litigants in need of court-appointed counsel or pro bono representation. Buckey notes that some counties have no contract attorneys available for public defender cases.
“If we do find a lawyer, they often won’t be from that area,” Buckey says. “If you are indigent and need representation, and your lawyer is coming from far away, that’s not ideal. We really appreciate the lawyers who do that but ideally, we’d have lawyers in the area you live in so you could reasonably go see that lawyer in person.”
Clemmer agrees, stating: “Our private practitioners in New Hampshire are outstanding. Many are willing to step up and offer help, even in regions where they don’t typically live or work. However, north of Concord, we see a prevalence of smaller firms. While they are deeply committed to pro bono work, we are asking them to make real sacrifices – often impacting their own livelihoods – when they volunteer their time with us.”
Many rural residents face additional barriers beyond the shortage of lawyers. According to the New Hampshire Fiscal Policy Institute, rural counties have the highest poverty rates in the state. For many people in these areas, limited transportation options and restricted access to technology make it difficult to meet with attorneys – even when legal help is available.
Several factors contribute to the rise of legal deserts in New Hampshire. One of the most significant is economics.
“You want to make sure you’re located in a place where you can make a living to support yourself and your family,” Buckey says. “Some of these places don’t have enough people to sustain a practice or specialty practice.”
Younger attorneys are opting to establish practices in urban areas, where professional and social opportunities are more abundant. Meanwhile, nearly 39 percent of all New Hampshire lawyers are 60 or older and nearing retirement, leaving rural legal markets even more vulnerable.
Blodgett says isolation is another challenge.
“Part of what makes being a lawyer rewarding is the relationships with colleagues,” she says. “If we have folks practicing in a county where there are only a few other attorneys, it can be incredibly isolating.”
Addressing legal deserts requires innovative thinking. Clemmer points to initiatives like the Paralegal Pilot Program, which allows paralegals to provide certain legal services, as well as the increased use of virtual hearings and remote meetings, which help attorneys manage the logistical challenges of serving clients in distant counties.
Buckey emphasizes the importance of better training and networking opportunities for attorneys willing to practice in rural areas. He also notes that the Judicial Council has recommended a rate increase for indigent cases, hoping to encourage more attorneys to take them.
Other states are exploring financial incentives. Ohio, for example, offers loan repayment programs to attorneys who work in underserved areas through its Rural Practice Incentive Program.
Blodgett believes expanding access to legal education is crucial to addressing the shortage. The National Center for State Courts’ Committee on Legal Education and Admissions Reform has been hosting listening conferences to help them provide recommendations for legal education and bar admission reform. [See article on page one.]
“I think that formal outreach to students in those areas to talk with them about the pathway to law school and legal careers is a good way to encourage folks who might not otherwise have law school on their radar,” she says. “We are more likely to retain rural attorneys who are from that area and have a connection to those communities, than we are to keep somebody who is transplanted there.”
As the attorney shortage deepens, the need for legal services in rural areas of New Hampshire will only grow. Without significant action, the state may eventually find itself facing the same challenges as other regions classified as legal deserts. Ensuring that all New Hampshire residents, regardless of geography, have access to justice is an issue that requires sustained attention and collaboration across the legal community.