Location, Location, Location Revisited: More Needs to be Done

For this post, I am going to revisit a post I made seven years ago in which I discussed the role that law schools can play in alleviating the rural lawyer shortage. While academia has made some progress, namely in the establishment of rural legal clinics, it has not tackled the problem in a way that could lead to meaningful change. 

Many of the underlying statistics from seven years ago are still true. Data from the Occupational Employment Statistics within the Bureau of Labor Statistics still bears out that the rural lawyer shortage is practically universal around the country. As it was in 2017, Southwestern Montana is an exception. There is one additional exception, the Lakes Region of New Hampshire. As with last time, I am measuring the shortage by location quotient, which provides a good approximation of an area's employment in a given sector compared to the national average. The Location Quotient controls for population so you can do a direct comparison between rural and urban employment. 

While the media has spoken a lot about people migrating to rural communities during the COVID-19 pandemic, this migration has not been even. An analysis from The Daily Yonder suggests that rural communities whose economies depend on recreation saw the greatest increase from this migration. While rural America continues to grow after the pandemic, a further analysis from The Daily Yonder shows that between 2023-2024, population growth was concentrated in rural counties that border metropolitan areas. Neither of these developments are particularly helpful to the vast majority of rural counties. 

One huge difference that I have seen in the last decade that I have been writing about this issue is an increase in general awareness. Some states are actually offering incentives to practice in rural spaces and law schools are increasingly offering rural practice clinics or similar such opportunities. A report to the Maine Legislature in January 2024 quantified the impact of the University of Maine's Rural Practice Clinic in Fort Kent, in the remote northern part of the state. These opportunities are important and do help tremendously. However, the students are only there for a portion of their law school experience, often as little as a semester. The jury is still out as to whether or not these types of programs actually increase the number of lawyers who opt to live and work in rural spaces. 

I have long advocated for the establishment of law schools in rural communities so students can spend three years immersed in a rural space, learn what it means to be part of a rural community, and have more time to extern in the small practices and/or local governments that dot the rural landscape. 

The Current Landscape

In the past seven years, there has not been a single rural law school established. However, there also hasn't been a rural law school closure. So, we have kind of been stuck with the status quo over the past few years. By my count, there are 11 ABA Accredited law schools located outside of metropolitan areas, though some of these are in larger college towns: 

• Appalachian School of Law (Grundy, VA)
• Ohio Northern University (Ada, OH)
• Pennsylvania State University (University Park, PA)
• Penn State Dickinson Law (Carlisle, PA)
• University of Idaho (Moscow, ID)
• University of Mississippi (Oxford, MS) 
• University of New Hampshire (Concord, NH)
• University of South Dakota (Vermillion, SD)
• University of Wyoming (Laramie, WY)
• Vermont Law and Graduate School (South Royalton, VT)
• Washington and Lee University (Lexington, VA)

There are 198 fully accredited ABA law schools so roughly 5% are located outside of metropolitan areas. There are some law schools in areas that might be considered more remote - Cornell University in Ithaca, New York is a good example. Students at those schools would have more opportunities to be exposed to small town practice than a student in a major metropolitan area. However, these areas are still metropolitan areas and job centers in their own right. 

Exposure, Exposure, Exposure

I still believe many of my original points from 2017 - there is no better way to expose students to the issues facing rural communities than prolonged exposure. Becoming immersed in a community for multiple years is the best way to understand its problems. As I said then, even if a student does not remain in the rural community after law school, they still leave with a greater understanding of the challenges that the legal profession faces in those spaces. They can become advocates for actually addressing the problem. 

Law Schools Are Needed in Rural Spaces

If you've been online long enough, you have read the line that we have too many law schools. I'm not sure I agree, and my reasons are the same that they were seven years ago. We have too many law schools in metropolitan areas and too few law schools in small towns and rural communities. We need more law schools in small towns and rural communities. 

What should this look like? A scan of the schools listed above shows a potential solution. Only two of the schools, Vermont and Appalachian, are private standalone schools without a parent university. And both have experienced financial issues within the last decade. In response, Vermont Law decided to reinvent itself by offering master's degrees in areas such as public policy and becoming a "law and graduate school." As I did seven years ago, I believe that schools like Appalachian and Vermont play a key role in the solving the rural lawyer shortage. 

But there is stability in the backing of a major university system, and I believe that the path forward is for state university systems to leverage their resources and state backing to put law schools on their rural campuses. This would provide a financial shelter that a standalone school would not have, and it would provide stability for the students who opt to attend these schools.

I'll use my home state of North Carolina as an example of how this could look. North Carolina has one of the most expansive university systems in the country with every public university being considered a part of the University of North Carolina system. In total, there are 17 campuses with four located outside of metropolitan area: 

• Appalachian State University (in Boone)
• Elizabeth City State University 
• University of North Carolina at Pembroke
• Western Carolina University (in Cullowhee)

The idea of establishing a new graduate school on one (or more) of these campuses would not be without recent precedent. Just this year, UNC Pembroke established a Doctor of Optometry program in order to alleviate the rural medical provider shortage.

A law school on any of these campuses would address the access to justice issue in a historically impoverished portion of the state. Appalachian and Western Carolina serve Appalachia while Elizabeth City State and UNC Pembroke serve Eastern North Carolina. A law school on a small rural campus also allows for specialization in rural lawyering. Unlike a law school on a flagship state university campus, it won't necessarily attract students who are looking for urban opportunities. A smaller, most focused school should yield the best results for both the students and local community. 

The Raging Current 

But it would be naive to assume that establishing a new rural institution isn't swimming against an already roaring current. 

There is an epidemic of closures and mergers of small rural institutions over the last several years. In 2023, the Hechinger Report estimates that at least a dozen rural, non-profit institutions had closed or announced plans to close since 2020.  In Vermont (a majority rural state with one small metro area), there have been five non-profit college closures since 2019. Keeping a small rural school afloat is becoming a gargantuan task. 

But the closures and mergers aren't just limited to private schools. Public universities are also closing and merging. You can look at Vermont to see a spate of mergers that ultimately involved four public colleges becoming one. In 2018, publicly funded Lyndon State University merged with Johnson State University to form Northern Vermont University. In 2023, two more rural colleges, Castleton State University and Vermont Technical College merged with Northern Vermont University to form Vermont State University.

Even the schools that are staying open are cutting majors and ultimately opportunities. Dr. Pruitt posted about this issue a couple of weeks ago. Her post linked to a story that discussed the struggles of a student at Delta State University, a public university in rural Mississippi, who saw her planned major cut. The story discussed majors being cut at rural public universities in places as far flung as New York, Minnesota, North Carolina, Alaska, and Arkansas.

Rural education is in trouble and convincing lawmakers to invest further is going to be a challenge. I did provide an example above of a rural public university investing in graduate education so it's not impossible.

Conclusion

To successfully solve the rural lawyer shortage, it is essential that lawmakers realize the value of investing in a public rural law school. These schools not making money should not be seen as detriment but rather a key investment. 

A public rural law school would ensure that students are exposed to rural issues for all three years of their education, and a small public rural law school provides an opportunity to further specialize in small town practice and attract students who are interested in (or at least open to) the idea of small-town practice.