Roy Ginsburg | While the legal desert persists in rural America, promising steps toward change are being taken. Will they be sufficient?
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While the challenges of the legal desert aren’t new, recent demographic shifts and systemic barriers are adding a new layer of complexity to the mix.

legal desert reverse the trend
Can Rural America Reverse the Legal Desert Trend? 2

Much of rural America can be described as a legal desert — vast distances where attorneys are few and access to justice falls short. For years, small towns and remote communities have struggled to attract and retain lawyers, forcing residents to navigate legal issues with little to no professional guidance. While these challenges aren’t new, recent demographic shifts and systemic barriers are adding a new layer of complexity to the mix.

What’s New?

I’ve written about this issue before on Attorney at Work, but this post takes a fresh and more comprehensive look. We’ll explore several issues, including:

  • How shifting demographics reshape client needs.
  • Why urban-centered legal systems often fail rural communities.
  • What innovative strategies — like pipeline programs, loan forgiveness and expanded roles for paralegals — are beginning to address the attorney shortage.

While the legal desert persists, these efforts represent promising steps toward change. But will they be sufficient?

New Faces, Old Barriers: How Rural Lawyers Are Adapting to Changing Communities

Rural America is changing. Once known for its homogenous populations, many small towns are now home to growing immigrant communities, some with limited English proficiency. In 2020, according to research from the University of New Hampshire, In 2020, 24% of rural Americans identified as people of color, up from 20.2% in 2010.

These demographic shifts are reshaping the legal landscape, introducing new challenges for attorneys who may lack the cultural competency or practical skills needed to serve diverse populations effectively. One major hurdle is communication. Many rural lawyers have little experience working with non-English-speaking clients, leading to misunderstandings, inefficiencies and barriers to justice. Beyond language, cultural differences in how legal matters are approached—expectations around contracts, court proceedings and dispute resolution—can create additional obstacles.

In response to these challenges, legal aid organizations and bar associations have begun to take action. Some are expanding translation services and offering training in cultural competency. The aim is to provide lawyers with tools to serve immigrant clients better. Additionally, programs in states with significant rural immigrant populations, like Nebraska and Iowa, are working to connect attorneys with interpreters and bilingual legal assistants. 

Law schools also recognize the need. UCLA School of Law has incorporated cultural competency training into its curricula to better prepare future lawyers for practice in an increasingly diverse legal landscape. 

Rural Justice on Trial: How Urban Bias Fails Small-Town America

Legal frameworks, judicial processes and professional networks often reflect the needs and norms of urban areas — leaving rural residents with fewer resources, longer wait times, and greater difficulty accessing legal services. This phenomenon, called urbanormativity, creates systemic barriers that negatively impact those living in America’s legal deserts.

Many legal procedures and policies assume urban infrastructure — dense populations, readily available attorneys, and easy access to courthouses. But in rural areas, these assumptions break down. Courts may be hours away, public transportation is scarce or nonexistent, and legal aid programs designed for cities fail to meet the realities of rural life. As a result, rural residents often struggle to get timely legal help.

How Distance and Infrastructure Limit Rural Justice

A prime example of this disconnect is how legal funding is allocated. Many state and federal grants for legal aid follow a per capita funding model, meaning resources are distributed based on population density. This disproportionately benefits urban areas with higher concentrations of people in need, while rural communities — where legal services are already scarce — receive significantly fewer resources per person.

For example, a 2023 study by the Legal Services Corporation (LSC) found that rural legal aid offices often receive 30%-50% less funding per capita than their urban counterparts.

This creates a cycle where urban areas continue to develop more robust legal infrastructures while rural communities fall behind.

Further, a 2021 Albert Law Foundation study highlighted that many traditional legal aid models don’t work in rural settings. In response, some organizations are exploring new models, such as mobile legal clinics and remote consultations, to improve access.

However, these solutions are often limited by broadband accessibility, funding constraints, and a lack of legal professionals willing to practice in rural areas (more on that below). Without systemic changes in how legal resources are distributed and supported, this growing disconnect will continue undermining rural Americans’ trust in the institutions meant to serve them.

Where Are the Rural Lawyers?

Attracting and retaining lawyers in rural communities remains a pressing challenge. Many young attorneys, eager for higher salaries and better career opportunities, gravitate toward urban centers. The financial burden of law school debt further discourages new graduates from considering rural practice. Studies in states like Kansas have shown that economic and cultural barriers contribute to the legal workforce shortage in rural areas.

Making Rural Practice More Appealing

To address this growing gap, law schools and bar associations have introduced programs to make rural practice more attractive. Some law schools, such as The Washburn University School of Law in Topeka, Kansas, have launched dedicated rural law programs that expose students to the realities of small-town legal work through externships and coursework tailored to rural needs. 

Meanwhile, some locales are using financial incentives such as student loan forgiveness and direct stipends to encourage lawyers to serve in legal deserts. South Dakota, for instance, offers a financial assistance program that provides payments over five years to attorneys who commit to practicing in underserved areas — a model that other states are now considering.

Beyond financial incentives, some states are exploring creative solutions to strengthen the rural legal workforce. In Arizona, the Supreme Court has approved an apprenticeship program allowing law graduates who narrowly missed passing the bar exam to gain licensure through two years of supervised practice in a rural or public service setting. 

These efforts reflect a broader recognition that traditional pathways to legal careers don’t always work for rural America. While the legal profession still faces significant hurdles in bridging the urban-rural divide, such initiatives signal a growing commitment to ensuring that rural residents can access the legal services they need.

How Rural Courts Struggle With High Caseloads and Limited Resources

Even when rural residents can access legal services, they often face delays due to overburdened court systems. Many rural courts have fewer judges, clerks and administrative staff. This forces them to handle a disproportionately high number of cases per person. 

The American Bar Association notes that a single judge may cover multiple counties, traveling long distances between courthouses in some states. This limited judicial capacity means that it takes longer to hear cases, and rural residents experience significant delays.

Compounding the problem, rural courts may struggle to keep up with evolving technology, further slowing the process.

Urban courts benefit from electronic filing systems, remote hearings, and AI-assisted case management tools, while many rural jurisdictions lack the funding or infrastructure to implement these improvements. Legal deserts will remain challenging without increased investment in rural court systems, even for those who manage to find representation.

With so few attorneys available, some states are exploring alternative models to improve rural legal access. One promising approach is using legal navigators — trained professionals who assist residents in understanding legal processes, completing paperwork and connecting with resources. Legal navigators do not provide direct legal representation. Rather, they help demystify legal procedures and ensure that people take the proper steps in their cases.

Similarly, paralegals are being leveraged to provide essential legal assistance in underserved areas. Some rural states are piloting programs that expand paralegals’ roles in certain legal matters, such as family law disputes or small claims cases. While not a substitute for full legal representation, these initiatives offer a practical way to fill the service gap in communities with few or no attorneys.

The challenges of rural justice may be deeply rooted, but they are not insurmountable. While urban-centered legal systems continue to create obstacles, new initiatives offer hope for change. Expanding broadband infrastructure, increasing court funding, and making legal training more accessible to rural residents will also be crucial in bridging the justice gap.

Ultimately, the success of these efforts will depend on sustained commitment from policymakers, law schools and local communities. Without significant reforms, the legal desert will persist, leaving many rural Americans stranded in these legal deserts. However, the status quo may improve with a combination of innovation, investment and legal advocacy. This could expand access to legal services and help restore faith in a system meant to serve everyone — no matter where they live.

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