New York State Bar moves to address small-town lawyer shortage

NYSBA President Hank Greenberg called an expected shortage of small-town lawyers a “disturbing trend.” Photo via NYSBA

By David Brand 

A New York State Bar Association task force has recommended several strategies to address an expected shortage of small-town lawyers set to hit rural areas across the state over the next few decades. 

The NYSBA’s Task Force on Rural Justice has recommended loan repayment programs, tuition assistance, relaxed residency requirements for public positions and increased hourly rates for assigned counsel in rural areas. The reforms would enable attorneys, typically saddled with major student loan debt, to take jobs in rural areas that pay lower than positions in cities and suburban towns.

Roughly three-quarters of rural attorneys will retire over the next 30 years, association research suggests.

“This disturbing trend would only further worsen the existing access-to-justice gap faced by our rural communities,” said NYSBA President Hank Greenberg. “NYSBA is deeply committed to ensuring that all New Yorkers, including rural residents, have sufficient access to justice and we are confident that the task force’s recommendations will provide the reforms necessary to stem the tide of this growing crisis.”

The task force will present its recommendations on April 4. 

The last increase in assigned counsel rates occurred in 2004. That year, hourly rates increased to $60 for misdemeanors and $75 for felonies, with a cap of $4,400. 

The report also recommends relaxing “outdated and questionable” residency requirements, which force public officials to live within specific jurisdictions and increasing small claims court caps from $5,000 to at least $7,500.