INDIANA – A significant attorney shortage is impacting Indiana, with 49 of the state’s 92 counties identified as “legal deserts” – areas where access to legal professionals is severely limited. This shortage disproportionately affects residents in rural communities and individuals with modest means seeking legal assistance.
A “legal desert” is any county or zip code within a non-rural county with a ratio of less than 1.0 for attorneys (by business address) to the total population. Indiana counties are defined as “legal deserts” according to Admission and Discipline Rule 1.2; locally, these are Lawrence, Daviess, Greene, Jackson, Martin, Orange, Owen, Scott, and Sullivan. To see the state map of “legal deserts,” click here.
The Commission on Indiana’s Legal Future was established to address this growing problem. While efforts to increase the number of licensed attorneys are underway, the commission recognized that these measures alone won’t solve consumers’ immediate needs.
In a July 2024 report, the commission proposed exploring regulatory reforms. Subsequently, the Indiana Supreme Court tasked the Innovation Committee with developing pilot programs to test alternative ways of delivering legal services.
Exploring Allied Legal Professionals (ALPs)
One key area of focus is the potential for “allied legal professionals.” These individuals, who are not licensed attorneys, could be authorized to provide legal advice or representation in specific, limited practice areas and under certain circumstances, particularly in legal deserts. The Innovation Committee has outlined a sample pilot program for ALPs working under the supervision of licensed attorneys within civil legal aid organizations, nonprofit law firms serving rural areas, community-based nonprofits, and government agencies. These entities must also carry adequate professional liability insurance covering the ALPs. The goal is to create a system for training, certifying, and employing ALPs to expand access to legal help.
Considering Nonprofit Law Firms for Modest Means
The Innovation Committee also evaluates the creation of new, nonprofit law firm models designed to serve clients with “modest means.” These firms would operate on a sliding fee scale based on clients’ ability to pay. Under attorney supervision, they would leverage technology and ALPs to handle high-volume, low-complexity legal matters where many individuals currently represent themselves. Clients who qualify for traditional civil legal aid would be referred to existing providers.
Drawing Parallels to Healthcare
The commission noted that the healthcare industry has successfully addressed similar shortages by utilizing a range of professionals with varying levels of training and licensure to provide care. They suggest that a similar approach could be beneficial in the legal field.
The Innovation Committee, a permanent body under the Supreme Court, is tasked with piloting and evaluating new procedures within the legal system. These explorations into ALPs and nonprofit law firm models represent a significant step towards finding innovative solutions to alleviate the burden caused by the attorney shortage in Indiana’s legal deserts.
